Showing 10442 articles
Refusal to Postpone Physical Test for Pregnant Aspirant Violates Her Right to Motherhood and Employment: Allahabad High Court
The Allahabad High Court, Lucknow Bench, has emphasized that a pregnant woman candidate cannot be denied her right to participate in a government recruitment process solely due to her pregnancy. The Court directed authorities to conduct a fresh Physical Efficiency Test (PET) for a pregnant applicant, stating that…
National Highways Act | Competent Authority Cannot Decide Disputed Compensation Shares, Matter Must Be Referred to Civil Court: Allahabad High Court
The Allahabad High Court has clarified that when co-sharers dispute over their shares in land acquired under the National Highways Act, 1956, the competent authority does not have the jurisdiction to decide the dispute. Instead, it must refer the matter to the Principal Civil Court of Original Jurisdiction. This…
Constitutionality of Sentences Imposing Imprisonment for the Remainder of Natural Life Without Remission Upheld: Supreme Court
The Supreme Court has recently upheld the constitutionality of sentences directing imprisonment for the remainder of a convict's natural life without the possibility of remission. The Court dismissed several writ petitions that challenged such sentences, asserting that these punishments are valid under Indian law and…
UP Government's 'Zero Tolerance' Stand Questioned After Two Contradictory Revenue Orders Surface: Allahabad High Court
The Allahabad High Court has expressed serious concern over the Uttar Pradesh Government’s handling of a revenue dispute involving contradictory orders. The Court questioned the sincerity of the Government’s declared ‘Zero Tolerance’ policy against corruption after discovering two conflicting orders issued in the same…
Duty to Report Foreign National's Stay Under the Foreigners Act Lies on the 'Keeper' of the Premises, Not Every Trustee: Jammu & Kashmir and Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has recently ruled that criminal liability under the Foreigners Act, 1946, cannot be imposed solely on a trustee of an institution without a specific statutory role. The Court emphasized that mere association with an organization does not make a person responsible for…
'Nothing NICE About It': Land Acquisition for Bengaluru-Mysuru Corridor Revoked, Called the 'Biggest Scam': Karnataka High Court
The Karnataka High Court has strongly criticized the land acquisition process for the Bengaluru-Mysuru Infrastructure Corridor Project (BMICP), declaring it as "nothing nice about it" and describing it as one of the "biggest scams" in the state. The Court upheld an order quashing all proceedings related to land…
Standing Guard to Facilitate Rape Attracts Common Intention Liability Under Section 34 IPC; Conviction in 1984 Case Upheld: Allahabad High Court
Allahabad High Court Upholds Conviction in 1984 Gang-Rape Case Introduction to the Case and Legal Principles The Allahabad High Court has upheld the conviction of two men involved in a 1984 gang-rape case, asserting that standing guard to facilitate the offence constitutes participation under Section 34 of the Indian…
Representation to DM Cannot Substitute Pre-Conversion Declaration in Schedule-I Format Under Section 8 of the UP Anti-Conversion Law: Allahabad High Court
The Allahabad High Court has recently clarified the legal requirement under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, that any person intending to convert their religion must submit a pre-conversion declaration in a specific prescribed format. The Court emphasized that a mere…
Mother Who Dismissed Complaints and Allowed Accused to Stay at Home 'Intentionally Aids' POCSO Offence by Illegal Omission: Delhi High Court
The Delhi High Court has held that a mother who dismisses her children's complaints of sexual abuse and continues to allow the accused to remain in the house can be considered to have "intentionally aided" the offence under Section 16(iii) of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court…
Denial of Refund of Unused Additional FSI Premium for Housing Projects Is Arbitrary Under the MRTP Act: Supreme Court
The Supreme Court has recently held that landowners and developers cannot be denied a refund of the premium paid for unutilized additional Floor Space Index (FSI) solely because there is no specific legal provision expressly providing for such a refund. The Court emphasized that withholding the refund in such cases is…
