Right To Dignity Under Article 21 Includes Being Able To Attend Once In A Lifetime Family Rituals Like Son's Wedding: Rajasthan High Court

Rajasthan High Court has ruled that Right to Life under Article 21 of the Constitution of India also includes Right to live with dignity that encompasses attending once in a lifetime family rituals like right of a father to attend son's marriage.The bench of Justice Arun Monga was hearing a petition filed on behalf of the accused who was in judicial custody for last 6 years on multiple FIRs...

Karnataka High Court Weekly Round-Up: October 21 To October 27, 2024

Citations: 2024 LiveLaw (Kar) 444 To 2024 LiveLaw (Kar) 449Nominal Index:ALL INDIA DALIT ACTION COMMITTEE ® AND Rahul Gandhi & Others. 2024 LiveLaw (Kar) 444Prajwal Revanna v. State of Karnataka and other petitions. 2024 LiveLaw (Kar) 445M/s Steel Rocks INC & ANR AND M/S. BANGALORE ELEVATED TOLLWAY PVT. LTD & ANR. 2024 LiveLaw (Kar) 446B Gopal Krishna & ANR AND...

Right To Travel Abroad Is A Basic Human Right, Denying Permission To Travel Due To Pending Dept Enquiry Violates Article 21: Rajasthan HC

Rajasthan High Court has affirmed that the pendency of departmental enquiry could not be a ground to deny permission to employees to travel abroad. Such rejection of permission amounted to a violation of the fundamental right to personal liberty under Article 21 of the Constitution which could not be taken away except in accordance with the procedure established by law.The bench of Justice...

Not Every Legal Mistake Made by Arbitral Tribunal Is Patent Illegality, Scope Limited To Substantive Laws: Delhi High Court

The Delhi High Court Bench of Justice Neena Bansal Krishna has held that patent illegality applies only to violations of substantive law of India, the Arbitration Act, or the rules applicable to the substance of the dispute. It does not apply to every legal mistake made by the arbitral tribunal.Additionally, the court held that the scope of a challenge under Section 34 of the Act, 1996 is...

Unilateral Reduction Of Pension Benefits Without Notice Violates Natural Justice; Patna HC Protects Retirees' Rights

Patna High Court: A Single Judge Bench of Justice Harish Kumar upheld the rights of retired non-teaching staff of L.N. Mithila University to receive full Assured Career Progression (ACP) benefits and proper pension adjustments. The Court ruled that the university's unilateral reduction of retirement benefits without notice violated principles of natural justice and established pay...

Violent Strike Justifies Immediate Termination Without Enquiry: Bombay HC

Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne upheld Advani Oerlikon Ltd.'s decision to terminate workers who participated in illegal strikes and violent protests without conducting a prior enquiry. The Court ruled that where employee misconduct clearly jeopardizes workplace safety, as evidenced by acts of obstruction, intimidation, and assault, employers can...

Court Not An Expert In History Of Origin Of Race: Madras High Court Asks State To Review Aryan-Dravidian Theory Taught In Schools

The Madras High Court recently refrained from passing any orders on a plea questioning the Aryan-Dravidian race theory taught in educational institutions. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy remarked that the court was not an expert in the history of origin of race and thus could not grant the relief as requested for. The court thus observed that...

Plea In Kerala High Court Seeks To Prevent 'Fake Doctors' By Establishing Centralized Portal For Verification, Conducting Inspections

A plea has been moved before the Kerala High Court urging the implementation of necessary measures to curb the increasing number of fake doctors practising in the state.Justice V G Arun has posted the matter to November 25 for instructions. The Petitioner, General Practitioners Association is a society registered under the Travancore Cochin Literary Scientific and Charitable...

Karnataka High Court Orders Release Of Union Minister Prahlad Joshi's Brother, Nephew Arrested In Cheating Case

The Karnataka High Court has directed the release of Union Minister Prahlad Joshi's brother and nephew, who were arrested in a cheating case for allegedly promising an election ticket to certain persons in exchange for Rs 2.5 crores.A single judge bench of Justice M Nagaprasanna stayed all further proceedings initiated against them. Since the petitioners were in police custody till tomorrow,...

“Deadwood Need To Be Removed To Maintain Efficiency In Service”: Allahabad HC Upholds Compulsory Retirement Of Additional District Judge

The Allahabad High Court has recently upheld the compulsory retirement of an Additional District Judge who after the approval of the State Government on compulsory retirement was exonerated by the Inquiry Officer. It was held that after the order of the State Government compulsorily retiring the petitioner, the inquiry officer had no jurisdiction to continue the proceedings.Holding that...

ED Misused Its Powers To Arrest, Acted As Per Its Whims & Fancies: Bombay High Court Grants Bail To Accused In PMLA Case

The Bombay High Court last week while granting bail to a man arrested by the Enforcement Directorate (ED) observed that the anti-money laundering agency "misused" its powers of arrest and acted as per this own "whims and fancies."A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan slammed the ED for arresting the petitioner Deepak Deshmukh in a predicate offence lodged way...

BJP MLAs Move Delhi High Court For Tabling Of 12 CAG Reports On 'Finance, Pollution, Liquor' Before Assembly, Plea Listed On Tuesday

The Delhi High Court on Monday (October 28) permitted the listing of a plea on Tuesday moved by various BJP leaders seeking a direction to the Delhi government to send 12 CAG reports pertaining to "Finance, pollution, administration and liquor" to Lieutenant Governor VK Saxena for presenting the same before the Legislative Assembly.The petition was mentioned for listing by senior advocate...