Transfer Policies Are Administrative Guidelines, Not Enforceable Rights; Voluntary Retirement Can't Be Withdrawn After Acceptance: P&H HC

llegal Mining In Goa: No Inherent Arbitrariness In The Renewal Of Iron Ore Mining Leases By State, Argues Sr. Adv. CU Singh

[Prevention Of Corruption Act] Preliminary Inquiry Before Obtaining Approval From Competent Authority Violates Section 17A: Karnataka HC

The Karnataka High Court has held that collection of materials by the Lokayukta police before registration of FIR under provisions of the Prevention of Corruption Act, would amount to a violation of Section 17A of the Act.Justice M Nagaprasanna held thus while partly allowing a petition filed by S Laxmi and others who work with Pattana Panchayat, Jagalur, Davangere District, had approached the court seeking a declaration that the inquiry/investigation conducted pursuant to registration of a...

Composite Enquiry Against Mulitple Delinquent Employees Possible Only If They Have Common Disciplinary Authority: Rajasthan HC

Rajasthan High Court affirmed that in cases where there was more than one delinquent employee with similar or common charges, composite disciplinary proceedings could take place against them only if the competent and disciplinary authorities of all such delinquent employees were the same. In case such authorities were different for all employees, the jurisdiction of one could not be snatched by another.Furthermore, the bench of Justice Anoop Kumar Dhand highlighted that it was a settled position...

[NDPS Act] Registration Of Second Crime Need Not Automatically Result In Cancellation Of Bail, Court Must Undertake Summary Enquiry: Kerala HC

The Kerala High Court set aside the order of a Special Court cancelling the bail of an NDPS accused for involvement in a subsequent crime saying that the Special Court cancelled the bail mechanically and without considering the materials connected with the subsequent crime.One of the conditions imposed on the accused while granting bail was that he should not commit any crime while on bail. The Special Court cancelled the bail noting that the accused was involved in another crime and violated...

In Absence Of Statutory Provision For Waiting List, Unfilled Vacancies Can't Be Claimed By Next Merit Candidate : Chhattisgarh HC

A division bench of the Chhattisgarh High Court comprising of Ramesh Sinha, Chief Justice and Justice Ravindra Kumar Agrawal, held that in absence of statutory provision for a waiting list, the unfilled vacancy cannot be claimed by the next candidate in merit, and such vacancies must be carried forward for the future recruitment Background Facts An advertisement for 57 posts of Sanitary Inspector was issued by the Directorate, Urban Administration Department, ...

J&K High Court Allows Re-Recording Of S.164 Cr.PC Statement After Woman Says She Was Pressurised To Implicate Party In False Rape Case

The Jammu and Kashmir High Court held that the statement recorded before the magistrate can be re-recorded and there is no bar under section 164 CRPC for recording the statement of a witness more than once.The above ruling came when the petitioner made a request for re-recording of her statement stating that her first S.164 Crpc statement was not willful and she was forced to give the statement, implicating the respondent in a false rape case, by her husband and her in-laws due to a family...

Legal Heirs Can't Seek Compassionate Appointment When Major Penalty Imposed On Deceased Employee Remains On Record: Allahabad HC

The Allahabad High Court has held that legal heirs of a deceased employee are disqualified from seeking compassionate appointment when major penalty imposed remains in record at the time death and not where the major penalty though imposed, had adverse impact only for few years.A major penalty (not specified) was imposed on the father of the petitioner for a period of 2 years. After the expiry of this period the petitioner's father was granted promotion to the post of Manager of Union of India,...

Gujarat HC Refuses To Quash Cheating FIR Against Partners Of Real Estate Firm For Not Completing Project Or Returning Homebuyers' Money

The Gujarat High Court refused to quash an FIR against developers/partners of a real estate development firm accused by home buyers of neither finishing the project called Suranva Residency nor handing over possession of the flats in question or returning the booking amount. In doing so the court underscored that the partners of the firm were obliged to either finish the project, or return the money to the homebuyers and even if there was an dispute inter-se partners the buyers cannot...

Supreme Court Collegium Recommends Appointment Of 8 Judicial Officers As Judges Of Gujarat High Court

The Supreme Court Collegium has recommended the appointment of eight judicial officers as judges of the Gujarat High Court. In its meeting held on Wednesday (March 19) the Collegium has approved the proposal for appointment of the following Judicial Officers as Gujarat High Court Judges:(i) Shri Liyakathussain Shamsuddin Pirzada,(ii) Shri Ramchandra Thakurdas Vachhani,(iii) Shri Jayesh Lakhanshibhai Odedra,(iv) Shri Pranav Maheshbhai Raval,(v) Shri Mool Chand Tyagi,(vi) Shri Dipak...

Apartment Complexes With Only Residential Flats To Be Registered Under Apartment Ownership Act, Not Co-Operative Societies Act: Karnataka HC

The Karnataka High Court has reiterated that property consisting of only residential flats, is to be registered under the Karnataka Apartment Ownership Act, 1972 and there cannot be any association registered under the Karnataka Co-operative Societies Act, 1959, to form a society to manage and maintain the property.Justice K S Hemalekha held thus while allowing a petition filed by Saraswathi Prakash and others who are apartment owners in an Apartment complex known as “Parkside Retirement Homes...

'Thulasithara Sacred For Hindus' : Kerala High Court Directs Police To Take Action Against Man Who Put Pubic Hair In Tulsi

The Kerala High Court stated that appropriate action must be taken against a person accused of plucking hair from his private parts and putting it in Thulasithara. The Court observed that Thulasithara is a sacred place for Hindu religion and that his actions would affect the sentiments of Hindus.Justice P.V.Kunhikrishnan observed that no action was taken against the accused, Abdul Hakkim and that no case was also registered against him. “Thulasithara” is a sacred place as far as Hindu...

Limitation Act Doesn't Apply To Writ Petitions But Party Guilty Of Delay & Laches Can't Be Given Relief: Orissa High Court

The Orissa High Court has reiterated that the provisions of the Limitation Act, 1963 are not applicable to writ petitions, however, the principles governing the law of limitation holds some ground even in adjudication of petitions under Article 226 and thus, a party who is guilty of laches cannot be granted relief.While refusing to condone a delay of nineteen years in filing the writ petition, the Division Bench of Justice Sangam Kumar Sahoo and Justice Savitri Ratho held –“Although the...

High Court Permits 'Cauvery Aarti' Inside Bengaluru's Sankey Tank On Friday, Emphasises Need For Awareness On Conserving Water Bodies

The Karnataka High Court on Thursday (March 20) permitted the Bangalore Water Supply and Sewerage Board (BWSSB) to hold the proposed 'Cauvery Aarti' inside Sankey Tank, scheduled to be held on March 21. A division bench of Chief Justice N V Anjaria and Justice K V Aravind disposed of the application filed by Geeta Mishra seeking a direction to the authorities to stop construction of all activities, temporary or permanent at the place of event.It said, “The Authorities shall while conducting the...

Himachal Pradesh HC Directs Boxing Federation Of India To Allow BJP MP Anurag Thakur To Participate In Its Upcoming Polls

The Himachal Pradesh High Court on Thursday effectively stayed Former sports minister and five-time BJP MP from Hamirpur Anurag Singh Thakur's disqualification from the Electoral College and directed the Boxing Federation of India (BFI) to extend the date of nominations so that Thakur could file his nomination and participate in the polls."...respondents shall extend the last date of submission of nomination, to enable Mr. Anurag Singh Thakur to file his nomination and he be permitted to...

Pay Verification Cell Cannot Unilaterally Override University's Pay Fixation Of Employees: Patna HC

Patna High Court: A Single Judge Bench of Justice Harish Kumar ruled that the Pay Verification Cell under the Education Department cannot unilaterally override pay fixation decisions made by a university's statutory committee. The court held that objections from the Pay Verification Cell should be treated as audit objections; they require the university to notify affected employees and seek their responses before any action is taken. The court ruled that the final decision on pay fixation...

Exclusive Jurisdiction Clause Prevails Over Seat Of Arbitration Clause If It Expressly Covers Proceedings Relating To Arbitration: Delhi HC

The Delhi High Court bench of Justice C. Hari Shankar has observed that generally if an agreement contains both exclusive jurisdiction clause and seat of arbitration clause, then judicial proceedings relating to arbitration would lie only before the court having territorial jurisdiction over the arbitral seat/venue. However, as in the instant case, if the exclusive jurisdiction clause...

'Can You Withhold Entire Office & Staff Under Your Control?' : Madras High Court Orally Asks ED To Halt Probe Against TASMAC Till March 25

The Madras High Court on Thursday (March 20) orally asked the Enforcement Directorate not to proceed with its investigation against the Tamil Nadu State Marketing Corporation (TASMAC) in an alleged money laundering case till the next date of hearing. A division bench of Justice MS Ramesh and Justice N Senthilkumar directed the ED to file a counter to the petition filed by TASMAC challenging the recent searches by the agency conducted at the latter's headquarters. In the meantime, the...

Well-Educated Wife With Job Experience Must Not Remain Idle Solely To Gain Maintenance From Husband: Delhi High Court

The Delhi High Court has observed that a well educated wife with suitable job experience must not remain idle solely to gain maintenance from her husband. “….this Court is of the considered view that a well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenance from her husband,” Justice Chandra Dhari Singh said. The Court dismissed a plea filed by a wife challenging a family court order denying her interim maintenance under Section 125 of...

Court Lacking Jurisdiction Should Submit Case To Jurisdictional Court Instead Of Dismissing On Technicality: Orissa High Court

The Orissa High Court has held that if a matter comes before a Court for adjudication which does not have jurisdiction to hear and dispose the same, it must submit the case to the jurisdictional Court for appropriate action, instead of dismissing it on technical ground of lack of jurisdiction.While remitting a case, filed under Section 503 of the Bharatiya Nagarik Suraksha Sanhita ('BNSS'), back to the jurisdictional Court subsequent to its dismissal by the non-jurisdictional Court on technical...

'Consortium' Is A Fundamental Aspect Of Marriage: Kerala High Court Denies Maintenance To Wife Who Left Husband Without Sufficient Cause

The Kerala High Court stated that a wife who leaves her husband and chooses to live separately without any justifiable reason is disentitled to claim maintenance under Section 125 of CrPC.The Court emphasized that right to each other's society, comfort and affection, commonly known as consortium is a fundamental aspect of marriage. It further stated that when either spouse withdraws from society of the other, it constitutes a withdrawal from the marital obligations. Justice Kauser Edappagath...