News Updates
Experience Of Skill Gained Prior To Obtaining Diploma Relevant For Appointment Unless Recruitment Advertisement Prescribes Otherwise: J&K&L HC
The Jammu and Kashmir and Ladakh High Court recently observed that unless a recruitment advertisement specifically mentions that the experience gained in a skill/ trade should be after the candidate has obtained a Diploma in that course, the prior experience can be considered for the purpose of selection and appointment.The observation was made by Justice Ali Mohammad Magrey while...
MBBS : Kerala High Court Admits Plea Challenging NMC Rule Limiting Number Of Attempts To Clear Exam, Protects Students From Coercive Action
The Kerala High Court on Friday admitted a petition filed by a group of students pursuing MBBS course in various colleges under the Kerala University of Health Sciences (KUHS), challenging the amendment to the Regulations on Graduate Medical Education,1997 by the National Medical CommissionThe Amendment notified on 04.11.2019 had restricted the maximum number of attempts to clear the...
Article 137 Of Limitation Act Applies To Application For Revocation Of Succession Certificate U/S 383 Indian Succession Act: Meghalaya High Court
The Meghalaya High Court recently observed that Article 137 of the Limitation Act applies to applications made under Section 383 of the Indian Succession Act which for revocation of a succession certificate.Justice H. S. Thangkhiew observed: "Article 137 of the Limitation Act, provides for 3(three) years as a period of limitation, on an application for which no period of limitation...
Pensionary Benefits | Employee Who Is Removed From Service For Misconduct Not At Par With Those Who Retire On Superannuation: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently observed that an employee who is removed from service for misconduct is not at par with those who retire on superannuation. The observation was made by Justice Sanjeev Kumar while dismissing the pension claim made by a former employee of the J&K Grameen Bank, who was removed from service in 2011. The Petitioner had sought...
Non-Consideration Of Detenu's Representation Against Preventive Detention Order Violates Right Under Article 22 Of Constitution: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently observed that non-consideration by the detaining authority, a detenu's representation against an order for his preventive detention, violates such detenu's rights under Article 22 of the Constitution. Justice Sanjeev Kumar observed: "I am of the considered view that the impugned order of detention does not sustain in the eye of...
Notify Rules For Transgender Rights, Sensitise Teachers To Needs Of Queer Children : Madras High Court To State
The Tamil nadu government on Friday informed the Madras High Court that the policy for protection of rights of transgender persons is at its final stage and that all steps will be taken to implement the policies at the earliest. The bench of Justice Anand Venkatesh has thus granted a further 12 weeks' time to the State notify the Transgender Persons (Protection of Rights) Rules."The...
Refusal To Act On Rape Victim's Testimony In Absence Of Corroboration Adds Insult To Injury: JKL High Court Upholds Rape Conviction
While upholding the conviction of a man who raped a minor girl in the year 2011, the Jammu and Kashmir and Ladakh High Court today remarked that in the Indian setting, the refusal to act on the testimony of a victim of sexual assault in the absence of corroboration, as a rule, is adding insult to injury.The bench of Justice Rajnesh Oswal and Justice Mohan Lal also observed that in rape cases,...
An Ex-Parte Decree Obtained By Suppressing Fact Of Non-Service Of Summons On Defendant Would Be Vitiated By Fraud: Calcutta HC
The Calcutta High Court has held that an ex-parte decree which is obtained by suppression of the fact of non-service on the defendant would be vitiated by fraud. The Bench of Justice Shekhar B. Saraf set aside an ex-parte decree under Order IX Rule 13 CPC on the ground that the defendant could not be served with a notice of original plaint, the amended plaint, and the writ of summons...
ED Singling Out Kerala; Protracted Investigation May Have Lasting Ramifications On State Infra, Foreign Banks Denying Funds: KIIFB To High Court
The Kerala Infrastructure Investment Fund Board (KIIFB) on Friday submitted before the High Court that the protracted investigation against it initiated by the Enforcement Directorate had detrimentally affected its borrowing plans, which would not only jeopardize the Board's functioning but would also have the effect of stalling various developmental projects in the State.Justice V. G. Arun...
S.319 CrPC | Only Material Collected By Court During Inquiry Or Trial Can Be Used To Arraign An Additional Accused: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court today ruled that only the material collected by the court during the course of inquiry or trial and not the material collected by the investigating agency during the investigation of the case which can be used, while arraigning an additional accused under Section 319 CrPC. A bench of Justice Sanjay Dhar was hearing a plea in terms of which...
Article 22(5) | Detenu Signing In English Does Not Mean He Has Working Knowledge Of The Language Or Understands Preventive Detention Order: Delhi HC
The Delhi High Court has held that simply putting signatures in English language does not "by any stretch of imagination" show that the detenue understands English language and as a consequence understood the grounds of detention and the documents relied upon.A division bench comprising of Justice Siddharth Mridul and Justice Rajnish Bhatnagar observed:"…the mere signing of documents in...