News Updates
Pension & Other Retiral Benefit Rules Have To Be Interpreted Liberally: Meghalaya High Court
The Meghalaya High Court recently observed that rules with regard to pension and other retiral benefits are beneficial in nature and have to be interpreted liberally. The observation came from Justice H. S. Thangkhiew: "In the scheme of things, especially in matters of pension and grant of terminal benefits, it has to be kept in mind that, provisions or rules with regard to...
High Court Directs Arunachal DGP To Take Steps For Separating Investigating Wing From Law & Order Police, Operationalise Complaints Authority
The Gauhati High Court, Itanagar bench, has observed that the public interest in respect of the State of Arunachal Pradesh overwhelmingly requires that immediate effective steps be taken to separate the investigating wing within the police force in the State of Arunachal Pradesh.In this light, a division bench comprising Justices M Bujor Barua and Devashish Baruah has asked the Director...
Excise Constable Exam | "Male Chauvinism Unacceptable": Allahabad HC Dismisses Plea Challenging Different PET Criteria For Males & Females
The Allahabad High Court on Tuesday dismissed two pleas challenging criteria of different yardsticks for physical efficiency tests for males and females for the U.P. Subordinate Service Selection Board Excise Constable recruitment exam. The bench of Justice Saurabh Shyam Shamshery observed that the classification of men and women in physical efficiency is not arbitrary and therefore,...
S.306 IPC | Words Uttered In Fit Of Anger Sans Intention Not Instigation/ Abetment Of Suicide: Gujarat High Court
In a recent order, the Gujarat High Court has clarified in respect of Section 306 of IPC that a word uttered in a fit of anger or emotion without intending the consequences to actually follow cannot amount to 'instigation.' Therefore, if in the instant case, the Accused/Applicant had uttered 'you may do whatever you like and if you want to die, you may die', then it would not...
Permanent Part-Time Service Qualifies Under Pension Regulations: Gujarat HC Upholds Payment To Retd. Cleaner At Dena Bank
The Gujarat High Court has affirmed that a 'permanent part-time' employee is entitled to grant of pension in terms of Dena Bank (Employees') Pension Regulations, 1995.The Bench comprising Justice AJ Desai and Justice Mauna Bhatt thus upheld the single bench order directing grant of pension to a part-time cleaner, who had voluntarily retired from service. The Respondent-cleaner had joined...
Gauhati HC Orders Disbursement Of Deceased Employee's Gratuity Among Heirs Including 'Illegitimate Sons' In Line With Hindu Marriage Act, Succession Act
The Gauhati High Court was recently called upon to decide the issue with respect to distribution of gratuity amount among legal heirs of a deceased employee of Assam Power Distribution Company Limited, including his illegitimate children.A single judge bench constituting of Justice Manish Choudhary directed the employer to decide the claims by adhering to the provisions contained in Section 4...
Application For Mutation Of Entry In Revenue Record Does Not Create Encumbrance On Property: Gujarat High Court
The Gujarat High Court recently refused to initiate contempt proceedings against a party to property dispute, said to have wilfully disobeyed court's status quo order by making an application for before the concerned Revenue Authority for mutation of the entry in the revenue record, on the basis of the registered Sale Deed.The Bench comprising Justice Vipul Pancholi and Justice AP Thaker was...
POCSO | Issue Regarding Determination Of Victim's Age Can Be Raised At Any Stage, Even Before Appellate Forum: Meghalaya High Court
The Meghalaya High Court recently observed that it is incumbent upon the Court, hearing a POCSO case, to be certain of the age of the victim before proceeding with the matter. The observation came from Justice W. Diengdoh:"An offence against a child has to be tried by the Special Court. However, it is incumbent upon the Court to be certain right from the inception of a case that the...
Hathras Rape And Murder Case: Allahabad High Court Seeks Trial Progress Report From The CBI
The Allahabad High Court on Tuesday sought a trial progress report in the Hathras Gang Rape and Murder case from the CBI. A status report has also been requisitioned from the Trial Court through the District Judge, Hathras as to the status of Sessions before the next date [September 20, 2022]. The bench of Justice Rajan Roy and Justice Jaspreet Singh gave the direction to CBI counsel...
Solitary Instance Of Prostitution In A Place Does Not Make It A "Brothel": Meghalaya High Court
The Meghalaya High Court recently observed that the presence of one girl with a man, allegedly indulging in prostitution, will not denote the place to be a "brothel". The observation came from Justice W. Diengdoh while relying on the case of Suseela v. State, 1982 CRI. L. J. 702: "When the prosecution proved the presence of only one girl in the premises and a single instance...
Gyanvapi ASI Survey Stay | "Matter Of National Importance": Allahabad High Court Seeks ASI DG's Personal Affidavit In 10 Days
In the ongoing hearing before the Allahabad High Court in connection with the Kashi Vishwanath temple-Gyanvapi mosque dispute, the High Court yesterday called the affidavit filed by the state government and the central goverment 'sketchy' and further directed Additional Secretary (Home) U.P. Government to file his personal affidavit in the matter within ten days.Terming the matter as...
Indian Courts Can Direct 'Telegram' To Disclose Info Of Copyright Infringers Using Its Platform, Server Being In Singapore No Defence: Delhi HC
The Delhi High Court has observed that copyright infringers cannot be permitted to seek shelter under messaging platform Telegram's policies merely on the ground that its physical server is in Singapore.Justice Pratibha M Singh added that Indian Courts would be perfectly justified in directing Telegram, which runs its massive operations in India, to adhere to Indian law and orders passed by...