Tripura HC Directs Refresher Programme On NDPS Cases For Judicial Officers, Public Prosecutors & Police Officials; Cites Lapses In Evidence

Observing that procedures under the NDPS Act have to be meticulously followed by the Judges during the trial, the Tripura High Court on Wednesday (July 31) directed the Tripura Judicial Academy to organize a refresher program on investigation and trial under NDPS Act, 1985 for the judicial officers of the State dealing with cases under said Act so that they could act more sensibly to...

Tripura High Court Declines Congress, CPI(M) Pleas To Submit Online Nomination For Panchayat Elections

Denying relief to the Tripura Pradesh Congress Committee and Communist Party of India (Marxist), the Tripura High Court on Thursday (July 18) refused to direct the Tripura State Election Commission to accept panchayat election nominations via online medium. Observing that no statutory provision is prescribed under the Tripura Panchayat Act and Rules framed thereunder to allow candidates to...

Issuing Slew Of Guidelines, Tripura HC Orders State To Frame SOP For Probe In Missing Person Cases, Ensure Police Adherence

The Tripura High Court has directed the state government to formulate and issue a Standard Operating Procedure (SOP) for handling cases of missing persons, including children, men, and women. A bench of Justice T. Amarnath Goud also underscored the importance of having a comprehensive SOP to guide the state police force in its investigations and responses to reports on...

Vehicle Having Comprehensive Insurance Policy Also Covers Risk Of Pillion Rider Of Third-Party Vehicle: Tripura High Court

Recently, the Tripura High Court held that a pillion rider of a third-party vehicle would be entitled to receive compensation from the insurance company of offending vehicle if it has a 'comprehensive insurance cover'. The Court held that if an accident of a pillion rider of another vehicle occurs due to the fault of the insured vehicle, then the insurance company would be liable to...

[Payment Of Gratuity Act] State Employee Can't Be Denied Increased Gratuity Based On Central Govt's Enhanced Ceiling Limit: Tripura HC

The Tripura High Court has held that a claim for enhanced gratuity by an employee of a State "establishment" cannot be denied by the State government on the ground that the revised ceiling limit on the payment of gratuity as adopted by the Centre was not adopted by the State due to separate rules which were framed by the State governing the gratuity of employees employed in...

Entitled To Lead Dignified Life In Congenial Environment: Tripura High Court Grants Bail To HIV Positive NDPS Accused

The Tripura High Court has granted bail to an accused arrested for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) on the ground that the accused was tested HIV positive.The accused was arrested under Sections 20(b)(ii)(c), 21(C), 25 and 29 of NDPS Act. While in judicial custody, the accused tested HIV positive. He was then sent to the hospital for...

Appeal Under Section 54 Of Land Acquisition Act Not Maintainable Against Orders Of Executing Court: Tripura High Court

The Tripura High Court has observed that an appeal under Section 54 of the Land Acquisition Act, 1894 (LA Act) is not permissible against orders of the Executing Court, but only appeals against the judgment/awards are permissible.Justice Biswajit Palit was considering the appeal filed by the Union of India/appellant under Section 54 of LA Act. The appellant's name was impleaded during...

[NDPS Act] Merely Filing Chargesheet Has No Persuasive Value, Does Not Entitle Accused To Bail: Tripura High Court

The Tripura High Court observed that the mere filing of a chargesheet does not entitle bail to an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and that bail is an exception under the Act. The accused/respondent was granted bail by the Special Trial Court in a case arising out of the NDPS Act. The State/petitioner challenged the bail granted by...

Trial Court Order Rejecting Application Of Accused To Summon Witness Not Interlocutory, Accused Entitled To Prefer Revision: Tripura High Court

The Tripura High Court has held that order of the Trial Court in refusing the application of the accused to summon witnesses is a 'final order' and not an 'interlocutory order', entitling the accused to file a revision petition under Section 397 of the Code of Criminal Procedure, 1973 (Cr.P.C). The Accused/Petitioner had filed a petition before the Trial Court to issue summons to...

Anganwadi Centers Fall Within Ambit Of “Establishment” Under Gratuity Act: Tripura High Court

A Single Judge bench of the Tripura High Court comprising of Justice S. Datta Purkayastha in the case of Bina Rani Paul & Ors Vs State of Tripura & Ors has held that Anganwadi Centres fall within the ambit of “establishment” under Payment of Gratuity Act, 1972 and thus Anganwadi Workers and Anganwadi Helpers are entitled to Gratuity. Background Facts The Petitioners...

Payment Of Gratuity Act Applicable To Anganwadi Workers And Helpers: Tripura High Court

The Tripura High Court recently held that the Payment of Gratuity Act, 1972 is applicable to the Anganwadi Workers and Anganwadi Helpers working in the State.In this context, the single judge bench of Justice S. Datta Purkayastha quashed the memorandum dated August 11, 2023 issued by State's Social Welfare & Social Education Department to the extent that the claim of gratuity was denied...

Plea Of Automatic Reinstatement Upon Setting Aside Of The Dismissal Order Is Not Tenable: Tripura High Court

A Division bench of the Tripura High Court comprising of Justice Aparesh Kumar Singh and Justice S.D. Purkayastha while deciding a Writ Appeal in the case of Rajesh Das vs Society for Tripura Medical College & Ors has held that plea for automatic reinstatement upon setting aside of the dismissal order is not tenable. Background Facts The Society for Tripura Medical College...