News Updates
Civil Service Rules | Failure To Produce Chargesheet Within 3 Months Does Not Automatically Vitiate Employee's Suspension: Jammu & Kashmir High Court
Setting aside an order of Central Administrative Tribunal Srinagar, in terms of which it had quashed the suspension of an employee on the ground of his prolonged suspension, the Jammu and Kashmir and Ladakh High Court has recently ruled that failure to produce a challan/charge sheet within a period of three months does not automatically vitiate the suspension.A bench comprising Justices...
Service Benefits Do Not Form Bequeathable Estate Of Any Government Servant: Karnataka High Court
The Karnataka High Court has held that service benefits do not form the bequeathable estate of any government servant. A single judge bench of Justice C M Joshi sitting at Kalaburagi dismissed the appeal filed by Sujata and others challenging the judgment of the trial court which was confirmed by the Senior Civil Judge vide its order dated 04.03.2011. The trial court and appellate court...
Tax Arrears | Lok Ayukta Can't Entertain Plea Against Rejection Of Application Opting For Amnesty Scheme: Kerala High Court
The Kerala High Court recently deliberated as to whether the Lok Ayukta could adjudicate upon the correctness of an order passed by the assessing authority rejecting the option for settling arrears of sales tax under the Amnesty Scheme, and answered the same in the negative. The Division Bench comprising Chief Justice S. Manikumar and Justice Murali Purushothaman observed,"If orders passed...
Water Property Of State, Not Private Entitlement Of Villagers Who Use It: Himachal Pradesh HC Refuses To Interfere With Construction Of Dam
The Himachal Pradesh High Court has recently observed that it is a misconception that water belongs to the villagers who use the same. Water is the property of the State and no individual has any right to claim this as his property, even though the same might be situated within his personal property, it clarified.The bench comprising Justices Tarlok Singh Chauhan and Virender Singh made...
Approach Concerned Authority: Gujarat High Court To Litigant Seeking Action Against Encroachment Of Village Graveyard
The Gujarat High Court has disposed of a Public Interest Litigation (PIL) seeking action against alleged illegal encroachment on a piece of land allotted for the graveyard in Banaskantha district of Gujarat.The division bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav took note of the submission made by Taluka Development Officer, Dhanera Taluka Panchayat, that a notice has...
When Will Local Body Elections Be Conducted, Telangana High Court Asks Panchayat Raj Department
The Telangana High Court has issued notice to the State Election Commission and Panchayat Raj Department on a PIL to conduct local body elections in the state.The bench of Chief Justice Ujjal Bhuyan and Justice N.Tukaramji asked the Panchayat Raj Department to apprise the court as to when elections to the local bodies of Zilla Parishad, Mandal Parishad and Gram Panchayat in the State of...
Antilia Bomb Scare-Mansukh Hiren Murder Case: Bombay High Court Refuses To Order Probe Against Former Mumbai Police Commissioner Parambir Singh
The Bombay High Court recently dismissed a writ petition seeking investigation into former Mumbai Police Commissioner Parambir Singh in connection with the Antilia Bomb Scare-Mansukh Hiran Murder Case.A division bench of Justice Sunil B Shukre and Justice Kamal Khata held that the petition is based on hearsay evidence and does not disclose any offence at the hands of Singh.“the averments...
Levelling Allegations Against Spouse In Newspaper Whether Defamatory Or Not Lowers Reputation: Bombay High Court Upholds Divorce Decree
The Bombay High Court recently observed that the wife’s reputation is lowered by the mere fact that husband has made allegations against her in a newspaper, whether or not the news report is actually defamatory.A division bench of Justice RD Dhanuka and Justice MM Sathaye was dealing with a matrimonial dispute in which the husband published allegedly defamatory news about his wife in...
Inability Of Prosecution To Establish Dead Body's Identity Not Sufficient Ground For Acquittal: Gujarat High Court
The Gujarat High Court has held that the inability of the prosecution to establish the identity of the dead-body on the basis of DNA reports is not a sufficient ground for acquittal of the accused, especially in a case where the accused was charged with murdering his own wife and where the remains of the dead-body were found buried in his residential premises.A division bench of Justices...
Coercive Measures Preventing Residents From Feeding Stray Dogs An Offence: Bombay High Court To Housing Society
"To hate the stray dogs and/or treat them with cruelty can never be an acceptable approach, from persons of civil society," the Bombay High Court observed urging a housing society to take a compassionate view over feeding of stray dogs."If the Society continues to take any coercive measures as noted by us above and by physical force, persons like the petitioner are prevented from taking care...
Object Of Jurisdiction Under Article 226 Is Enforcement, Not Establishment Of Right/ Title, Can't Decide Disputed Facts: Jammu & Kashmir High Court
Declining to display indulgence and exercising its jurisdiction under Article 226 of the Constitution, the Jammu and Kashmir and Ladakh High Court recently observed that the object of jurisdiction under Article 226 is the enforcement and not the establishment of right or title and hence a disputed question of fact cannot be investigated in a proceeding under Article 226 of...
Delhi High Court Issues Summons To Uddhav Thackeray, Aditya Thackeray, Sanjay Raut In Defamation Case By Shinde Faction Leader
The Delhi High Court on Tuesday issued summons to Maharashtra political leaders Uddhav Thackeray, Aditya Thackeray and Sanjay Raut in a defamation case filed by Eknath Shinde-faction leader Rahul Shewale.Justice Prateek Jalan issued summons in the suit filed by Shewale against certain statements made by Thackerays and Raut alleging that Eknath Shinde faction "bought the Shiv Sena symbol" for...