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Cheque Bounce Complaint Revived; Court Says Justice Demands Restoration of Dismissed Case: Supreme Court
The Supreme Court of India has restored a cheque bounce complaint that was earlier dismissed for default by a trial court in Ghaziabad, holding that the High Court erred in refusing to revive the case. The Court emphasized that the complaint deserved to be heard on merits, particularly when the complainant was only…
Disqualification of Councillors Overturned as Benefit Was Derived Prior to Election, Court Notes Wives Winning Land Auction: Karnataka High Court
The Karnataka High Court has overturned the disqualification of two Belagavi Municipal Corporation Councillors, Shri Jayant Jadhav and another, who were disqualified on the ground that they failed to disclose that their wives had succeeded in an auction of leasehold rights in respect of properties constructed by the…
Equal Pay for Equal Work Not Automatic; Plea by MCD Lab Technicians for Parity with Central Government Staff Rejected: Delhi High Court
The Delhi High Court recently addressed a petition filed by the Delhi Medical Technical Employees Association (Regd.) And Anr seeking pay parity for Laboratory Technicians employed with the Municipal Corporation of Delhi (MCD) with those working under the Central Government. The petitioners claimed they were…
Preventive Detention Becomes Arbitrary Once Detaining Authority Admits Cessation of Threat: Jammu & Kashmir and Ladakh High Court
The Jammu and Kashmir and Ladakh High Court has recently quashed a preventive detention order issued under the Jammu and Kashmir Public Safety Act, 1978 (PSA), emphasizing that without a current or proximate threat to security, detention becomes arbitrary and legally unsustainable. The Division Bench of Chief Justice…
State Cannot Term an Appointment ‘Illegal’ After Allowing Employee to Serve for 25 Years; Retiral Benefits Upheld: Jammu & Kashmir and Ladakh High Court
The High Court of Jammu and Kashmir and Ladakh has delivered a significant judgment clarifying that the State cannot question the legality of an employee’s appointment after allowing him to serve for decades. Interpreting the principles of service jurisprudence and Jammu and Kashmir Civil Service Regulations, the…
Forced Retirement of Inspector Set Aside; Reinstatement with Consequential Benefits Ordered: Rajasthan High Court
The Rajasthan High Court at Jodhpur has delivered an important judgment explaining how Rajasthan Civil Services (Pension) Rules, 1996 must be applied while ordering compulsory retirement of a government employee. The court clearly stated that compulsory retirement cannot be passed in an arbitrary manner and must…
Delayed Arbitration Award Can Be Sustained; Court Clarifies Power to Extend Arbitrator’s Mandate: Supreme Court
The Supreme Court of India has delivered an important ruling clarifying that courts have the power to extend an arbitrator’s mandate even after an arbitral award is delivered beyond the statutory time limit. The Court held that mere delay in passing an award does not automatically invalidate the entire arbitration…
Premature Release Ordered for Reformed Ex-Presidential Bodyguard Convicted in 2003 Rape Case: Delhi High Court
The Delhi High Court has ordered the immediate release of Harpreet Singh, a former member of the President’s Bodyguards, who was convicted in the 2003 Buddha Jayanti Park gang rape case. The Court held that continued incarceration of the petitioner after more than 21 years in prison, despite proven reform and good…
‘Shocking Lack of Seriousness’ in Tracing Missing Persons; PIL Registered over 1.08 Lakh Complaints in UP: Allahabad High Court
The Kerala High Court has held that maternity leave is a statutory and constitutional right and cannot be combined with other regular leaves to cancel the candidature of a trainee under the National Board of Examinations in Medical Sciences. The Court ruled that such a rigid interpretation of leave rules would be…
Maternity Leave Is a Statutory Right, Cannot Be Clubbed with Regular Leave to Cancel Candidature; Relief Granted to NBEMS Trainee: Kerala High Court
The Kerala High Court has held that maternity leave is a statutory and constitutional right and cannot be combined with other regular leaves to cancel the candidature of a trainee under the National Board of Examinations in Medical Sciences. The Court ruled that such a rigid interpretation of leave rules would be…