Punjab & Haryana High Court Refuses To Quash Arrest Warrants Issued Against Absconding AAP MLA In Alleged Rape Case

The Punjab and Haryana High Court has refused to quash arrest warrants and proclamation proceedings issued against Aam Aadmi Party MLA Harmeet Singh Pathanmajra in a rape and cheating case.Justice Tribhuvan Dahiya said, "the petitioner, who is accused of serious and heinous offences, has deliberately disregarded the investigative process and is absconding. He is also accused of slipping out of the country by adopting fraudulent means. Issuance of arrest warrants against him, therefore,...

Allahabad High Court Flags Delayed Pregnancy Detection In Rape Cases, Says SOPs For MTP Upto 24 Weeks Not Effectively Implemented

Recently, while dealing with a suo moto public interest litigation arising out of writ petition whereby a POCSO victim sought termination of pregnancy, the Allahabad High Court observed that though Standard Operating Procedures are in place for medical termination of pregnancies upto 24 weeks, the Courts are still faced with petitions which are filed by rape victims who often gain knowledge of the pregnancy at delayed stages. The bench of Justice Saumitra Dayal Singh and Justice Indrajeet Shukla...

Born In India To Pakistani Mother, No Long-Term Visa: Telangana HC Seeks Authorities' Reply In Hyderabad Man's Plea Against Police's Home Visits

The Telangana High Court on Tuesday considered a writ appeal filed by a Hyderabad resident claiming to have been born in India, challenging domiciliary visits conducted by the Special Branch Police on the ground that he does not possess a long-term visa.The court permitted the impleadment of the passport authorities and directed the concerned authorities to seek instructions in the matter.A Division Bench comprising Chief Justice Aparesh Kumar Singh and Justice G.M. Mohiuddin was hearing the...

Chronic Osteoarthritis Is 'Severe Illness' Under Railway Rules; Penal Rent For Retention Of Govt Accommodation Not Sustainable: Delhi HC

A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that chronic degenerative diseases like osteoarthritis qualify as “severe illness” under Railway Board circulars, entitling an employee to regularization of retained government accommodation and it exempts from penal or special licence fee. Background Facts The respondent was appointed in the Indian Railways Account Service in 1987. He was allotted government accommodation at a...

“Institutions Must Remain Spaces Of Safety & Dignity”: Orissa High Court Directs Tightened Security At NLU Odisha Campus

The Orissa High Court on Thursday (February 12) issued a slew of directions for ensuring safety and security inside as well as around the campus of National Law University Odisha, Cuttack (NLUO), which is situated near Naraj, a secluded area at the outskirt of the city.A Bench of Dr. Justice Sanjeeb Kumar Panigrahi stressed on the duty and responsibility of the University administration as well as the police to maintain strict law and order near the premiere legal institution. The Judge thus...

Indian Succession Act | Mother Has No Right Over Inheritance When Son Who Died Intestate Is Survived By Wife & Children: Karnataka High Court

The Karnataka High Court has held where a son dies intestate leaving behind wife and children–being direct lineal descendants, his mother would not have a right to estate/inheritance under the Indian Succession Act. The court was hearing an appeal challenging a trial court order which had dismissed a family's plea seeking issuance of succession certificate of the deceased member. The trial court had dismissed the plea of the deceased's wife and children taking note of the claim of the...

Places Of Worship Act Does Not Protect Encroachment By Temple On Government Land: Madras High Court

The Madras High Court recently dismissed a plea by the Managing Trustee of Sri Arulmighu Raajakaliamman Temple in Ramanathapuram District of Tamil Nadu, claiming protection for the temple which was allegedly built on an encroached land. Rejecting the claim that the ancient temple was protected under the Places of Worship Act, the bench of Justice G Jayachandran and Justice KK Ramakrishnan held that the Act was only meant to protect the religious character of temples and not to protect a...

Mere Receipt Of Funds From Co-Accused Not 'Financing Illicit Trafficking': J&K&L High Court Grants Bail In NDPS Case

The Jammu & Kashmir and Ladakh High Court has granted bail to an accused charged under Section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), holding that mere receipt of funds from co-accused does not prima facie amount to financing of illicit trafficking unless there is material to show actual financing or harbouring within the meaning of the statute.A bench of Justice Rajesh Sekhri observed that the statutory ingredients of Section 27A, financing illicit...

Equal Pay For Equal Work Requires “Wholesale Identity” With Compared Cadre; Difference In Educational Qualifications Justifies Pay Disparity: Delhi HC

A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that the principle of Equal Pay for Equal Work applies only when there is complete parity in recruitment, qualifications, and service conditions, and mere similarity in designation or duties does not justify pay parity, when educational qualifications are different. Background Facts The Petitioner Association is a registered body representing Laboratory Technicians working in...

“Very Shocking”: J&K&L High Court Flags 4-Year Delay in Deciding Appeal, Questions Recovery of ₹2.82 Crore Under Himayat Scheme

The Jammu & Kashmir and Ladakh High Court has expressed strong displeasure over an unexplained delay of more than four years in deciding a statutory appeal, even as coercive recovery and penalty proceedings were initiated against a project implementation agency under the Himayat Scheme.Justice Wasim Sadiq Nargal, while hearing a writ petition filed by Eduspark International Pvt. Ltd., described the situation as “very shocking” and sought an explanation from the authorities as to why an...

Challenge To Wrong Pay Fixation Not Barred By Limitation As It's A Continuing Wrong: Gauhati High Court

A challenge to wrong pay fixation cannot be rejected solely on the ground of delay where the grievance discloses a continuing or recurring wrong, the Gauhati High Court has held, while directing reconsideration of a claim raised by an Auxiliary Nurse and Midwife (ANM) seeking parity in pay with similarly situated employees.Justice Kardak Ete, presiding over the case, held, “I am of the...

Interest Of Child Paramount, Not Of Perpetrator: Madras High Court Affirms Joint Trial In POCSO Case

The Madras High Court recently dismissed an appeal filed by an accused under the Protection Of Children from Sexual Offences (POCSO) Act noting that there was no failure of justice merely because there was a joint trial. The bench of Justice GK Ilanthiraiyan and Justice R Poornima observed that when courts were dealing with matters of child abuse, they must apply the laws in the best interest of the child and not the interest of the perpetrators of the crime. In the present case, the...