Acceptance Of Qualifications At Time Of Appointment Can't be Questioned After 30 Years, Unless Fraud Is Alleged:MP High Court

Madhya Pradesh High Court: A Single Judge Bench of Justice Vivek Jain partially allowed a writ petition challenging an inquiry into a disability certificate submitted for employment three decades ago. The court held that while authorities can investigate allegations of forgery, they cannot question the acceptability of qualifications that were accepted at the time of appointment after...

'Eyewitnesses, First Informant Ganged Together To Implicate Accused': Allahabad HC Acquits Man In 1982 Murder Case

The Allahabad High Court recently acquitted a man who was convicted in 1982 murder caa, as it noted that two eye-witnesses and the first informant had ganged together to implicate the accused. A bench of Justice Siddhartha Varma and Justice Ram Manohar Narayan Mishra also observed that the prosecution story contained many lapses, which made the case doubtful, and the case against...

Prior Period Service Must Count Towards ACP/MACP Benefits For Absorbed Employees: Patna High Court.

Patna High Court: A Single Judge Bench of Justice Harish Kumar directed the State of Bihar to count the petitioner's prior service period before retrenchment for granting Assured Career Progression (ACP) and Modified Assured Career Progression (MACP) benefits. It held that the principles applicable to fresh appointments do not apply to cases of absorption of...

Kerala High Court Admits Plea Seeking SOP For Making Appam And Aravana Prasadam In Sabarimala Temple

The Kerala High Court has admitted a plea moved by a devotee of Lord Ayyappa of Sabarimala Temple seeking a direction to the Travancore Devaswom Board to prepare a Standard Operating Procedure developed by an expert body for procurement, quality checking and analysis of the standards set by the Food Safety and Standards Authority of India (FSSAI) for preparing Appam and Aravana prasadam at...

MP High Court Refuses To Quash Sr Adv Vivek Tankha's Defamation Case Against Union Minister Shivraj Singh Chouhan And Two Others

The Madhya Pradesh High Court dismissed a plea by Union Minister Shivraj Singh Chouhan and two others challenging a magisterial court's order taking cognizance of criminal defamation complaint registered against them by senior advocate and Member of Parliament Vivek Tankha in connection with certain court proceedings from 2021.In doing so, the Jabalpur bench of the high court said that it...

UGC Ph.D. Requirement For Promotions In Maharashtra Colleges Can't Be Applied Retrospectively: Bombay High Court

Bombay High Court, Aurangabad Bench: A division bench of Justices Mangesh S. Patil and Shailesh P. Brahme ruled that the University Grants Commission (UGC) Ph.D. requirement for promotion to Associate Professor, introduced in 2018, applies prospectively and does not impact faculty who qualified under earlier regulations. The State of Maharashtra was directed to review the...

S.498-A IPC | Matrimonial Dispute Is Not Moral Turpitude; Cannot Be Used To Block Spouses' Right To Education: Bombay High Court

In a significant order, the Bombay High Court bench at Aurangabad recently held that a matrimonial dispute or case is a 'personal dispute' which cannot be termed to be an offence related to 'moral turpitude' to impact either of the spouses right to pursue further education in their lives. A division bench of Justices Vibha Kankanwadi and Santosh Chapalgaonkar permitted a husband to pursue his...

Karnataka High Court Monthly Digest: October 2024 [Citations: 421 - 453]

Citation No: 2024 LiveLaw (Kar) 421 to 2024 LiveLaw (Kar) 453Nominal Index:Arafath Ali @ Arafath AND National Investigation Agency. 2024 LiveLaw (Kar) 421Sanjana Raghunath AND Karnataka Examination Authority & Others. 2024 LiveLaw (Kar) 422Roshan A AND Union of India & Others. 2024 LiveLaw (Kar) 423Vishwanath Koraga Shetty AND State of Karnataka. 2024 LiveLaw (Kar) 424Reserve Bank...

'Arbitrary' Confiscation Of Vehicle A 'Serious' Encroachment On Fundamental Right To Trade U/Art 19(1)(g): Allahabad HC

The Allahabad High Court has observed that the 'arbitrary' confiscation of a vehicle that a person might be using for his trade, profession, or occupation is a serious encroachment on the fundamental right of a citizen guaranteed under Article 19(1)(g) of the Constitution of India. “The confiscation, by its very connotation, implies depriving a person of his property to which he...

Courts Can't Direct Promotions Outside Established Rules And Seniority Framework: Madras HC

Madras High Court: The Court held that a Water Pump Operator's promotion to Sanitary Supervisor and subsequent reversion must be evaluated within the framework of the Tamil Nadu Town Panchayat Establishment Rules. Since the position of Water Pump Operator (that the petitioner undertakes) is not among the designated feeder posts (Public Health Workers, Sanitary Workers, or Scavengers)...

Ban Imposed U/S 69 Of Partnership Act Has No Application To Arbitral Proceedings: Delhi High Court

The Delhi High Court Bench of Justice Neena Bansal Krishna held that the bar of Section 69 of the Partnership Act does not come within the expression “other proceedings” as used in Section 69(3) of the Partnership Act. Therefore, the ban imposed under Section 69 has no application to the arbitral proceedings.Brief FactsThe Petition under Section 34 of the Arbitration and Conciliation...

Organized Racket Of Touts Has Emerged Around District Courts That Issue Fake Marriage Certificates: Allahabad HC

The Allahabad High Court recently raised concerns regarding the emergence of an organised racket of touts who are involved in getting fake marriages registered through forged documents. A bench of Justice Vinod Diwakar noted that an organised racket of touts and agents has emerged around the district courts in the name of religious trusts, in which qualified legal professionals...