High Courts
Employee Of State Road Transport Corporation Entitled To Pay Revision And Benefits Of 5th And 6th Pay Commissions: Jammu & Kashmir High Court
Jammu and Kashmir High Court: Justice M.A. Chowdhary ruled in favor of the petitioner, recognizing his entitlement to the pay revisions under the 5th and 6th Pay Commissions, despite his superannuation. The court held that since the petitioner had been treated as a government employee for pension purposes, he was also entitled to the pay revisions granted under the relevant Statutory Rules and Orders (SROs). Background Suraj Parkash, employed by the Jammu & Kashmir State...
Insurance Company Must Pay Full Insured Amount, Relief from Government Irrelevant: J&K High Court
The Jammu and Kashmir and Ladakh High Court has held that an insurance company cannot reduce the payout to a claimant based on ex gratia relief received from the government.Dismissing a Civil 1st Miscellaneous Appeal filed by an Insurance company against an award a bench of Chief Justice Tashi Rabstan and Justice M A Chowdhary emphasized "the Insurance Company is bound to pay the claim against the sum insured. It is not the business of the Insurance Company to see whether the person suffering...
Madras High Court Asks HR&CE To Take Action Against Trustee, Employees Who Shot Instagram Reel Inside Temple
The Madras High Court on Thursday directed the Hindu Religious and Charitable Endowment Department to take action against the temple trustee and employees of the Devi Karumari Amman Temple at Tiruverkadu who recorded Instagram reels inside the temple. Justice M Dhandapani wondered how the temple trustee herself could engage in such acts inside the temple, which is visited by hundreds of devotees. Noting that the temple trustee and the employees should not have behaved this way, the...
Church Feud: Kerala High Court Dismisses Appeal Against Order Directing District Collectors To Take Over Specified Churches
The Kerala High Court has dismissed the appeals filed challenging a single bench order directing the Collectors of Ernakulam and Palakkad districts to take over possession of six churches involved in the Orthodox – Jacobite faction feud.The Division Bench of Justice Anil K. Narendran and Justice P. G. Ajithkumar, pronouncing their order in open court said, 'the appeals are dismissed'. Detailed Judgment is awaited.The single-judge had asked the Collectors to take possession as the...
Karnataka High Court Asks All Universities, Colleges To Consider Framing 'Mental Health And Anti-Discrimination Policy' For Students
The Karnataka High Court has suggested Universities and Colleges, private or government, to formulate Mental Health Policy and Anti-discrimination policy, so as to prevent and address the serious and deleterious effects these sensitive issues may have on the lives of students.A single judge bench of Justice Suraj Govindaraj appreciated the steps taken by Azim Premji University in formulating and implementing the policies and said,“This action on part of Respondent Nos.1 to 3 would also be...
TN Siddha Medical Council Members Permitted To Practice Modern Medicine But Not To Store Allopathy Medicine Without License: Madras HC
The Madras High Court recently observed that while the Siddha practitioners in the State of Tamil Nadu were not barred from practicing modern medicine, they could not store allopathy medicine as the same would be in violation of the Drugs and Cosmetics Act. The court thus refused to quash a case registered against a Siddha Doctor for storing allopathy medicines in contravention of the Act. Justice G Jayachandran observed that while there was no bar on Siddha practitioners to practice...
S.402 CrPC Pertains To High Court's Power To Transfer Revision Cases, Not Applicable When Appeal Is Pending Before Sessions Court: Kerala High Court
The Kerala High Court has observed that Section 402 of CrPC gives the High Court the power to transfer revision cases. It ruled that the provision is not applicable in cases where revision is pending before the High Court but appeal is pending before the Sessions Court.Justice K Babu thus invoked its inherent powers under Section 482 to transfer the revision pending before it to the Sessions Court where the convict had preferred an appeal, to avoid conflict of jurisdiction. The Court...
Bikru Ambush | 'He Misused Trust Which Led To His Colleagues' Death': Allahabad HC Rejects Third Bail Plea Of Dismissed UP Cop
The Allahabad High Court recently rejected the third bail plea moved by now-dismissed UP Police official Krishna Kumar Sharma, who is facing conspiring charges in connection with the ambush in Bikru village on July 3, 2020, in which Gangster Vikas Dubey gunned down eight policemen. A bench of Justice Saurabh Shyam Shamshery observed that though he has been in jail for the last four years, however, considering the role assigned to him, the court's observation while denying two of his...
Delhi High Court Summons Counselling Centre In-Charge For Failing To Translate Contents Of Settlement In Vernacular Language
The Delhi High Court recently summoned the in-charge of counselling centre, Karkardooma Courts, for failing to translate contents of a settlement agreement to the complainant woman in the vernacular language understood by her.Justice Chandra Dhari Singh observed that though the official language for court proceedings and documentation is English, the concerned authority is duty bound to translate the contents of such documents to a person not well versed with the language.“Therefore, it becomes...
State Must Ensure Employee's Claiming Retiral Benefits Don't Succumb To 'Procedural Rigmarole': Calcutta High Court
The Calcutta High Court has recently held that state employees should not be made to suffer due to procedure when they attempt to claim their retiral benefits.A division bench of Justices Tapabrata Chakraborty and Partha Sarathi Sen stated: Fairness and reasonableness are paramount issues for administrative action. As a model employer, the State must conduct itself with high probity and candour and ensure that its employees do not succumb to the procedural rigmarole particularly when the...
Gujarat HC Directs Arrest Of Cargo Ship At Kandla After Company Exporting Parboiled Rice Claims $1.4 Million Loss Due To Delay In Shipping
The Gujarat High Court in an interim order directed the custom authorities to "arrest" a cargo ship, lying at Deendayal Port, Kandla which is within Indian territorial waters, after an entity filed an admiralty suit claiming that delay in shipping of its cargo–2000 metric tonnes of parboiled rice, led it to incur financial loss of 1.4 million US dollars. A single judge bench of Justice Mauna M Bhatt in its October 10 order said, "The Port Officer and the Customs Authorities at Deendayal...
J&K High Court Dismisses PIL Challenging Public Safety Act as Not Maintainable, Cites Ongoing Adjudication On Similar Issue
The Jammu and Kashmir and Ladakh High Court, comprising Chief Justice Tashi Rabstan and Justice M A Chowdhary has dismissed a Public Interest Litigation (PIL) challenging the validity of the Jammu and Kashmir Public Safety Act (PSA), 1978. The court declared the PIL non-maintainable, citing that the issue of detention of citizens under the PSA was already under judicial consideration, making this litigation a parallel and redundant proceeding.The PIL, filed by Syed Tassadque Hussain, a senior...