Reserve Bank Employees Are Not Central Government Servants, Says Madras HC [Read Judgment]

“The fact that the Central Government has persuasive control over RBI would not make its employees Central Government employees.”

High Courts Weekly Round Up

Allahabad High Court Dismissed a challenge against appointment of Justice Pinaki Chandra Ghose as the Chairman of Lok Pal.The Division bench comprising Justice Pankaj Kumar Jaiswal and Justice Rajnish Kumar observed that the Chairperson and Members of Lokpal are not an employment under the Government therefore the prohibition for employment under the Government of India or under...

Whether Revenue Officials Performing Judicial Functions Violate Doctrine Of Separation Of Powers - Karnataka HC To Decide

"Whether the appointment of a revenue official in the rank of an Assistant Commissioner as an Appellate Authority under Section 136(2) and Rule 69 of the KLR Rules and Deputy Commissioner as revisional authority under Section 136(3) of the Karnataka Land Revenue Act, leading to adjudication of various complex adversarial revenue disputes, inter- partes, involving adjudication of question...

Rape Accused Claims He Has Been Married To The Victim; SC Asks Him To Show Marriage Certificate

A man accused in a rape case has approached the Supreme Court taking an interesting plea: he says that he had married the victim in March, 2018. Earlier, the Allahabad High court had dismissed his plea seeking to quash the summons issued to him in the case. As he claimed that the marriage is registered, the bench comprising Justice Mohan M. Shantanagoudar and Justice Indira...

Citizens Can Criticize Judgments, But Can't Obstruct Its Enforcement: Kerala HC Grants Bail To BJP Candidate In Sabarimala Violence Case[Read Order]

"Trends of this nature cause great concern to all those who have the welfare of the country in mind."

Section 143A NI Act (Interim Compensation) Has No Retrospective Effect, Section 148 Has: Punjab & Haryana HC [Read Judgment]

"At the stage of trial, the provision of Section 143-A of the Act has created a new 'obligation' against the accused, which was not contemplated by the existing law and which created a substantive liability upon him, whereas the provision of Section 148 of the Act only reiterated; and to some extent modified in favour of the appellant, the procedure of recovery already existing in the statute book."

Challenge Against Aadhaar Ordinance: Delhi HC Seeks Centre's Response

The Delhi High Court on Friday sought response of the Centre on a plea which has challenged the constitutional validity of the recent Aadhaar Ordinance on the grounds that it was brought to "overturn" the Supreme Court decision regarding the use of Aadhaar by the private sector. A bench of Chief Justice Rajendra Menon and Justice A J Bhambhani asked the Ministry of Law to indicate its...

Following Contempt And Several Petitions, CAT Chairman Recuses Himself From Hearing Cases Of Whistleblower IFS Officer

Over a month after being issued a show cause contempt notice by the Uttarakhand High Court, the Chairman of Central Administrative Tribunal, Justice L Narasimha Reddy, has recused himself from hearing all the petitions moved by whistleblower IFS officer Sanjiv Chaturvedi while calling it all a "rare case in which most unfortunate developments have taken place"."This is a rare case in which...

'No Public Interest' : Gujarat HC Dismisses PIL Against PUBG Ban [Read Order]

The High Court of Gujarat yesterday dismissed a Public Interest Litigation(PIL) petition filed by Internet Freedom Foundation(IFF) challenging the ban imposed by Gujarat police on the online video game PUBG."We are not satisfied that the scope of the present writ petition falls under the ambit of Public Interest Litigation", observed the bench of Chief Justice Anant S Dave and Justice...

Apex Courts Of Australia And South Korea Deliver Landmark Rulings In Favour Of Abortion Rights [Read Judgments]

While Constitutional Court Of South Korea held that the anti abortion law is not in conformity with the Constitution, the High Court of Australia upheld laws which protect women from being hindered against their choice to abort.

Delhi HC Asks Petitioner To Give CDs Of Manual Scavenging To Delhi Govt

Advocate had moved HC after MLA’s FB post showed manual scavenging in Delhi

Pension Can Be Attached To Recover Maintenance For Wife: Bombay HC [Read Judgment]

The Bombay High Court has held that pension granted by the government can be attached in order to recover the amount of maintenance for the wife.Justice MG Giratkar of the Nagpur bench was hearing the revision application filed by one Bhagwant Narnaware against an order of interim maintenance passed by a magistrate. The court upheld the order but modified the amount of monthly maintenance...