All High Courts
Chattisgarh High Court Sets Aside Order For Not Considering "Irretrievable Injury" Which May Be Caused To Parties After Invoking Bank Guarantee
The Chattisgarh High Court recently set a aside an order for not considering "irretrievable injury" that may be caused to a party due to encashment of a bank guarantee in a contractual dispute, reiterating the settled position of law on the subject matter.A division bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal in its August 2 judgment underscored, "Though Bank Guarantee is a bilateral contract between the Bank and the beneficiary, the aspect of irretrievable injury that...
'Doctrine Of Relation Back' Applies In Service Matters When Subsequent Order Passed In Favour Of Employee Relates To Initial Dispute: Allahabad HC
The Allahabad High Court has upheld the application of doctrine of relation back in service disputes where subsequent orders have been passed in favour of the employee relates to initial disputes.While directing payment of salary arrears from year 1998 (date of stop order) to 2021(date when petitioners appointments were held valid), Justice Manish Mathur held that “doctrine of relation...
Centre Notifies Appointment Of Two Advocates As Additional Judges Of Chhattisgarh High Court
The Central Government has notified the appointment of two advocates as Additional Judges of the Chhattisgarh High Court.The two advocates are:1- Bibhu Datta Guru, and 2- Amitendra Kishore PrasadA notification issued in this regard reads thus:"In exercise of the power conferred by clause (1) of Article 224 of the Constitution of India, the President is pleased to appoint S!Shri (i) Bibhu...
Authorities Must Monitor, Prevent Illegal Hoardings From Coming Up To Ensure Safety Of Public During Monsoons: Karnataka HC
The Karnataka High Court on Monday directed authorities to ensure the safety of pedestrian and vehicular traffic in the monsoon season and not be complacent in their duty of monitoring and preventing hoardings/flexes which are put up illegally on footpaths and roads in the city of Bengaluru.A division bench of Chief Justice N V Anjaria and Justice K V Aravind while hearing a batch of...
Chhattisgarh HC Affirms Single-Judge's Order Upholding Dismissal Of Judicial Officer Who Lodged Criminal Case Against HC Judges
A Division bench of the Chhattisgarh High Court recently confirmed the 2020 order of the Single Judge upholding the dismissal of a judicial officer who had filed criminal cases against the former Chief Justice and Judge of the High Court. A bench comprising Chief Justice Ramesh Sinha and Justice Parth Prateem Sahu observed that the single Judge's order was based on applying a...
Kerala High Court Weekly Round-Up: August 5 - August 11, 2024
Nominal Index [Citations: 2024 LiveLaw (Ker) 506 – 522]Suo Moto v State of Kerala, 2024 LiveLaw (Ker) 506Bar Council of Kerala and Others v Unnikrishnan H. and Others, 2024 LiveLaw (Ker) 507K. S. Sivarajan v State of Kerala and Others, 2024 LiveLaw (Ker) 508Indian Space Research Organization V M/S.Roopam Engineers And Contractors Private Ltd, 2024 LiveLaw (Ker) 509P. M. Kurian v Deepa...
Non-Commercial Quantity, No Minimum Sentence Prescribed: MP High Court Releases NDPS Accused Imprisoned For Over 2 Yrs
The Madhya Pradesh High Court at Indore has released an accused who was booked for the possession of 6kgs of ganja in 2016 and had been sentenced to three years of rigorous imprisonment.The court noted that the accused had undergone more than 2 years of imprisonment and released him from custody while enhancing the fine amount imposed by the trial court. The bench of Justice Prem Narayan...
Govt Employees On Probation Not 'Temporary Employees', Cannot Be Terminated Without Departmental Action: Rajasthan High Court
Rajasthan High Court has affirmed that a government employee who has been appointed by a regular mode of selection, and is on probation, cannot be treated as a temporary government employee whose services can be terminated by giving one month notice under Rule 23-A of the Rajasthan Service Rules 1951 (“the Rules”) which is meant for temporary employees.The bench of Justice Mahendra...
Kerala HC Admits Plea Challenging State Co-Op Bank's Award Of Tender For Supplying Micro-ATM Machines To Sub-Dealers Of Chinese Manufacturer
The Kerala High Court has admitted a plea challenging the decision of Kerala State Co-operative Bank to award the tender of supplying 2,000 micro ATM machines to certain companies who are sub-dealers of a Chinese Manufacturer.The plea alleged that the usage of micro ATMs by Chinese Manufacturers in sensitive sectors like banking is a security hazard to the nation. It argues that allowing...
Delhi High Court Grants Interim Protection From Arrest To Former IAS Puja Khedkar Till August 21, Issues Notice On Anticipatory Bail Plea
The Delhi High Court on Monday granted interim protection from arrest till August 21 to former probationer IAS officer Puja Khedkar who is accused of “misrepresenting and falsifying facts" in her application for Union Public Service Commission (UPSC) Civil Services Examination, 2022.Justice Subramonium Prasad issued notice on Khedkar's anticipatory bail plea and sought response of Delhi...
[POCSO] Victim's Emotional Well-Being Must Be Balanced With Rights Of Accused: Rajasthan HC Grants Parole To Father Convicted Of Raping Daughter
The Rajasthan High Court has allowed a petition for 15 days of parole filed by a father convicted of raping his daughter. The convict had absconded during his first parole which was granted in 2018 and his father had denied giving any undertaking for his conduct during his application for second parole in 2022.The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman...
'Public Place' U/S 294(b) IPC Includes Areas Where Obscenities Can Cause Annoyance To Those In Vicinity, Not Limited To Public Spaces Alone: Kerala HC
The Kerala High Court recently held that when an obscene act is committed to the annoyance of others in any public place in or near any public place attracts an offence under Section 294 of the Indian Penal Code.Justice A. Badharudeen added that 'in or near public place' mentioned in Section 294 (b) of the IPC is wide enough to include areas in the vicinity of public places and does not limit...