News Updates
Delhi High Court Upholds Restriction On MCOCA Inmates To Meet Family Members Only
The Delhi High Court has upheld the restriction put by the prison authorities on the inmates booked under Maharashtra Control of Organized Crime Act, 1999, to meet only their family members and no one else.This was after prison authorities submitted that they are authorized to separate high-risk prisoners or prisoners perceived as security threats, and lodge them in high security wards....
Supreme Court Extends Disability Pension Claim Of Army Veteran For 10 Years As Allowed Under Pension Regulations For Army
The Supreme Court recently ruled in favor of the disability pension claim of a veteran who had served in the Indian Army for 15 years and was discharged in 1987 after he experienced cardiac discomfort. The Court noted that as per the medical Board's opinion there was no negligence on the part of the individual, and his records were exemplary. The only factor that went against him was...
Some Accountability Should Be Fixed On Courts To Complete Trial In Cases Of Prolonged Incarceration: Bombay High Court
The Bombay High Court has expressed strong displeasure at the lack of effort by prosecuting agencies and trail judges to ensure timely completion of criminal trials resulting in prolonged incarceration of the accused.Justice Bharati Dangare granted bail to a murder accused incarcerated for over seven years in a case requiring examination of just 10 witnesses. Despite expediting the trial, a...
Display Penal Consequences Of Sexual Harassment, Provide Complaint No.: Orissa HC Gives Last Chance To Centre, State To Comply With S.19(b) POSH Act
The Orissa High Court has given last chance to authorities under both the Union and the State Government to implement the mandate under Section 19(b) of the Sexual Harassment of Women and Workplace (Prevention, Prohibition and Redressal) Act, 2013 (the ‘POSH Act’). The said provision requires all the employers to display at any conspicuous place in the workplace, the penal consequences...
Notice For Blacklisting Must Specify Consequence On Failure To Meet Grounds By Noticee: Allahabad High Court
The Allahabad High Court has held that show cause notice for blacklisting must include the grounds on which blacklisting is being proposed in a clear manner. The Court has held that any action proposed to be taken against the party on failure to meet the grounds, must be mentioned in the notice clearly and unambiguously. A bench comprising of Chief Justice Pritinker Diwaker and Justice...
Prioritise Cases Of HIV Positive Persons : Supreme Court Directs All Courts; Issues Directions To Centre & States To Enforce HIV Act
In a pathbreaking judgment delivered on September 26, the Supreme Court issued a series of vital directions to the Central and State Governments to ensure the effective implementation of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017 (HIV Act).The Court further directed all Courts, Tribunals and quasi-judicial bodies in the country...
Period Of Absence Of Convicted Employee Who Is Later Acquitted To Be Counted Towards Seniority And Subsistence Allowance But Not Backwages: Delhi HC
The Delhi High Court has ruled that the period under which an employee is placed under suspension, cannot be treated as period “not spent on duty” for all intents and purposes. The court remarked that the period can be treated as “not spent on duty” only for the purposes of back wages and not for the purposes of seniority and promotion.The court also said that an employee who is...
State of Chhattisgarh Withdraws Plea Filed in Supreme Court Challenging Section 50 of PMLA and ED's Powers
The State of Chhattisgarh on Wednesday withdrew a writ petition filed in the Supreme Court under Article 32 of the Constitution challenging Section 50 of the Prevention of Money Laundering Act, 2002, and the powers of the Enforcement Directorate (ED) conferred by the anti-money laundering statute. A bench of Justices Sanjiv Khanna and SVN Bhatti was informed today by a counsel appearing for...
Centre Notifies Appointment Of 11 Additional Judges Of Punjab & Haryana High Court As Permanent Judges
The Central government today notified the appointments of following 11 Additional Judges of the Punjab and Haryana High Court as Permanent Judges.(i) Justice Nidhi Gupta(ii ) Justice Sanjay Vashisth(iii) Justice Tribhuvan Dahiya(iv) Justice Namit Kumar(v) Justice Harkesh Manuja(vi) Justice Aman Chaudhary (vii) Justice Naresh Singh @ Naresh Singh Shekhawat, (viii) Justice Harsh...
Deity Not Stripped Of Title To Religious Property Maintained By Local Authority Without Acquisition: Kerala High Court
The Kerala High Court has held that a deity cannot be divested of title to a land owned by it which is used for religious purposes, without a legal process such as acquisition or voluntary transfer. A bench of Justice Anil K Narendran and Justice PG Ajithkumar found that the property in question was used as a Temple road for religious activities and that the title of Deity will not be...
S.34(2) POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age When Issue Raised By Accused: Patna High Court
The Patna High Court has overturned conviction in a case involving sexual offenses against a minor due to the failure of the trial court to determine the victim's age, after an issue in that regard was raised by the accused. The Court emphasized that it is the trial court's duty to ascertain the age of the victim, especially when it is challenged during the proceedings under Section 34(2) of...