All High Courts
Upon Retrospective Regularization, Employee Entitled To Benefits Other Than Salary Arrears Retrospectively Unless Specifically Barred: Allahabad HC
The Allahabad High Court has held that in cases of retrospective regularization, the employee shall be entitled to benefits such as time scale, selection pay, ACP benefits, etc. retrospectively, unless the order regularizing him specifically bars the time period mentioned therein from being counted.It was further held that even otherwise, if retrospective regularization restores...
High Court Grants Interim Bail To Accused In Transit Remand Arrested In Uttar Pradesh By Jharkhand Police
The Jharkhand High Court has granted interim bail to an accused who was in transit remand following an arrest by the Jharkhand Police in Bareilly, Uttar Pradesh. Justice Sanjay Kumar Dwivedi, who presided over the case, noted the circumstances of the arrest and determined that releasing the petitioner on interim bail was justifiable for the sake of justice. “The way, by which, the...
Severe Depression With Anxiety Disorder Life Threatening: Allahabad High Court Directs Employer To Reconsider Voluntary Retirement Application
Recently, the Allahabad High Court has directed reconsideration of an employee's application for voluntary retirement on grounds of severe depression with seven anxiety neurosis. The Court held that forcing the petitioner to continue working in her situation where her life may be endangered is violative of Article 21 of the Constitution of India.Petitioner was serving at Malkhan Singh...
IIM Udaipur Moves High Court Against Lok Adalat Order Directing Fee Refund To Student Who Withdrew After Cut-Off Date, Stay Granted
In a civil writ petition filed by Indian Institute of Management (IIM) Udaipur, the Rajasthan High Court has stayed an order of the Permanent Lok Adalat, Ajmer directing the institution to refund the fees of a student who had withdrawn his admission after the cut-off date stipulated for refund of fee.The respondent had taken admission in the institute, however, after getting an offer from...
Finalize Technical Solution To Sync ICJS System With Police Criminal Database: Delhi High Court To NIC, State Crime Record Bureau
The Delhi High Court has called for finalization of the technical solution to sync the Inter-operable Criminal Justice System (ICJS) system, which stores case data, with the criminal database of the Police, to avoid any discrepancies.A division bench of Justice Prathiba M Singh and Justice Amit Sharma directed the State Crime Record Bureau (SCRB) and National Informatics Centre (NIC), which...
Can't Order Civil Imprisonment Of Company Director/ Employee To Enforce Money Decree Against Judgment-Debtor Company: Allahabad High Court
The Allahabad High Court has held that civil imprisonment of a company official cannot be sought in order to enforce a money decree against the judgment-debtor company.The Court observed that Order 21 Rule 50 permits execution of money decree from the assets of partners, but not from an employee/representative/director. “Order 21 Rule 50 does provide for execution of a money decree against...
MP High Court Wants Revenue Officers To Attend 6 Months Training After They Pleaded Inability To Understand Court Order As Defense
The Madhya Pradesh High Court has directed revenue officers including a Tahsildar and Additional District Collector of Narmadapuram to undergo 6 six-month training period, after they misconstrued an earlier order of the High Court in a matter of mutation of legal representatives' names.The single judge bench of Justice Gurpal Singh Ahluwalia held that officers unable to understand the law as...
Husband's Alleged Involvement In Criminal Case No Ground To Deny Security Clearance To Spouse For OCI Registration: Delhi High Court
The Delhi High Court has recently held that mere familial relationship with an accused, without evidence of direct involvement in the alleged crime, is no ground to deny security clearance to a spouse for Overseas Citizen of India (OCI) registration.“Mere association or familial relationship with an accused, without concrete evidence of direct involvement or complicity in the alleged...
High Court Can Exercise Inherent Power U/S 482 CrPC To Quash ECIR Registered By Enforcement Directorate: Kerala High Court
Kerala High Court has held that even though ECIR is an internal and administrative document, the same can be quashed by the High Court exercising its inherent powers under Section 482 of Code of Criminal Procedure (Cr.P.C).Justice Bechu Kurian Thomas observed:“Any order passed under the provisions of the Cr.P.C can be given its full effect by issuing appropriate orders under section 482...
Stenographers, Bench Clerks Are Sensitive Posts In District Judiciary, Cannot Be Contractually Appointed: Calcutta High Court
The Calcutta High Court has held that posts such as stenographers and bench clerks are sensitive positions in the district judiciary and that employees to these posts cannot be contractually appointed since they would not share the same responsibilities or liabilities as permanent employees.A single bench of Justice Arindam Mukherjee stayed two recruitment notifications seeking to...
UIDAI Can Be Directed To Provide Aadhar Data About Missing Person In Habeas Corpus Plea: Delhi High Court
The Delhi High Court has observed that the Unique Identification Authority of India (UIDAI), in a habeas corpus petition involving exceptional circumstances, can be directed to provide the Aadhar data about a missing person, even without being afforded a prior hearing. A division bench headed by Justice Prathiba M Singh observed that in a habeas corpus case, there is a sense of urgency with...
"Consensual Relationship With Married Man, Woman Was Adult Enough": Bombay HC Quashes Case Against Man Accused Of Raping Victim For 31 Yrs
The Bombay High Court on Wednesday quashed a rape case against a 73-year-old man, who allegedly raped the victim for 31 long years.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale after perusing the First Information Report (FIR) held that there was a consensual relationship."The contents of the FIR clearly indicate a consensual relationship. The parties were indulging in...