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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…
Joint Insolvency Proceedings Against Grand Venezia and Bhasin Group Upheld in Real Estate Dispute: Supreme Court
The Supreme Court of India has dismissed three civil appeals filed by former directors of Grand Venezia Commercial Towers Pvt. Ltd. and Bhasin Infotech and Infrastructure Pvt. Ltd., thereby clearing the way for a joint insolvency process initiated by more than 100 commercial property allottees. The Court held that the…
In-Laws Acquitted in Alleged Dowry Death Case; Child Witness Testimony Found Unreliable: Calcutta High Court
The Calcutta High Court has overturned the conviction and life imprisonment awarded to the accused in a case relating to the alleged burning death of a married woman. The Court held that the prosecution failed to prove the guilt of the appellants beyond reasonable doubt and found that the conviction was based on…
Nationwide Public Awareness Campaign Against Digital Scams Needed; Court Flags Misuse of Social Media Data: Rajasthan High Court
The Rajasthan High Court expressed serious concern over the alarming rise in digital scams and cyber frauds that are depriving people of their hard-earned money. While rejecting bail applications in a major cyber fraud matter, the Court observed that the present situation demands immediate and coordinated action,…