News Updates
No Compulsory Retirement Merely On Committee Recommendation, Sans Departmental Enquiry & Sufficient Material: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Wednesday ruled that the power to compulsorily retire a government servant in terms of service rules is absolute, provided the authority concerned forms a bona fide opinion that compulsory retirement is in public interest. Such an order cannot be passed merely on the recommendation of the committee devoid of departmental inquiry and...
Delhi High Court Dismisses Plea Against Blanket Ban On Sale And Bursting Of Firecrackers In National Capital
The Delhi High Court on Thursday dismissed a plea challenging the direction issued by Delhi Pollution Control Committee (DPCC) on September 14 for a complete ban on manufacturing, storage, sale and bursting of all kinds of firecrackers till January 1, 2023 in the national capital.Justice Yashwant Varma said it would not be appropriate for the High Court to consider the issue when the same...
Insurance Company Not Exempted Merely Because Driver Consumed Alcohol In Excess of Prescribed Limit Unless Contributory Negligence Shown: Kerala HC
The Kerala High Court recently held that merely because a person has consumed alcohol in excess of the limit prescribed under the penal provisions of the Motor Vehicles Act, 1988, it could not be said that he was 'under the influence of the alcohol', and the insurance company cannot be exempted from granting the claim when the person himself had not contributed to the occurrence of the...
[J&K Prevention of Corruption Act] Criminal Proceedings Can't Be Launched Against Public Servant In Absence Of Dishonest Intention: High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that in the absence of any dishonest motive or intention on the part of public servant, criminal prosecution cannot be launched against him or her under the Prevention of Corruption Act. The bench comprising Justice Sanjay Dhar was hearing a petition challenging FIR for offence under Section 5(2) of the J&K Prevention...
BREAKING: Kerala High Court Cancels Anticipatory Bail Of Writer-Activist Civic Chandran In Sexual Harassment Case
Allowing the state government and victim's petitions challenging the sessions court order, the Kerala High Court on Thursday cancelled author and social activist Civic Chandran's anticipatory bail in a sexual harassment case.Justice A. Badharudeen observed that prima facie case is made out alleging the commission of offences under the SC/ST Act and Section 354 of IPC.Having appraised the facts...
Long Court Vacations Violate Litigants' Fundamental Rights, Must Be Abandoned: Plea In Bombay High Court
A writ petition filed before the Bombay High Court has challenged the long vacations of the court claiming that it is a violation of fundamental rights of litigants. The plea says courts during the vacations function with insufficient number of judges to hear the urgent cases. The petitioner Sabina Lakdawala has sought a declaration that the long court vacations during Diwali, Christmas,...
Constitute Committees To Check Unauthorised Use Of Banners And Boards In Public Places: Kerala High Court To State
The Kerala High Court on Wednesday ordered setting up of committees at the level of every Local-Self Government Institution to tackle the issue of putting of illegal boards and banners in the state.Directing the Local Self Department's Secretary to issue immediate orders, Justice Devan Ramachandran ordered that the primary committees shall comprise of the following:- Secretary of the Local...
LOC A Coercive Measure, Can Be Issued To Ensure Surrender Of A Person Evading Summons Or Arrest: Delhi High Court
The Delhi High Court has reiterated that a look out circular (LOC) is to be issued in such cases where the accused is deliberately evading arrest or summons or where he fails to appear in a court despite issuance of non-bailable warrants."An LOC is a coercive measure to ensure that a person surrenders and interferes with petitioner's right of personal liberty and free movement. LOC is to...
[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court
Dealing with a Public Interest Litigation (PIL) plea pertaining to the appointment of judges in the HC as per the sanctioned strength, the Uttarakhand High Court recently observed that it is the Job of the HC Collegium to make the recommendations and that there is no reason to assume that the collegium is not mindful of its duty, or that it would not perform its duty, as and when the...
Kerala HC Initiates Suo Motu PIL For Protection And Rehabilitation Of Children In Streets
The Kerala High Court on Tuesday initiated suo motu Public Interest Litigation captioned 'Protection and Rehabilitation of Children in Streets' on noting the plight of the nomadic children begging or selling knick-knacks at busy junctions and tourist spots. The Suo Motu PIL has been initiated with the intention that such children ought to be taken care of, sent to shelter homes or...
Influence Of Money A Big Hurdle In Free And Fair Probe; Influential People Pressurize Police Officers: Allahabad High Court
In a significant observation, the Allahabad High Court has said that the influence of money in conducting an investigation is quite evident and it is a very big hurdle in the free and fair investigation of a crime and case.Noting that under the pressure of work, police undertake a mechanical investigation of the crimes, the bench of Justice Siddharth further observed that the...