Compassionate Appointment Matter to Be Taken with Liberal Approach Considering Special Circumstances: Allahabad High Court

The Allahabad High Court, in a sensitive matter concerning compassionate appointment, directed the State Government to move beyond a technical and mechanical interpretation of the rules and adopt a humane approach. The Court observed that welfare rules are not meant to leave the family of a deceased employee in distress, but to provide support in … Read more

SC Set Aside Termination of Librarians; Upholds Degree Validity: Supreme Court

The Supreme Court, while passing an important order in a matter concerning the dismissal of employees appointed by the State of Bihar at the University of Technology and Science, Raipur, Chhattisgarh, clarified that if a university was established under a law that was later declared unconstitutional, students cannot be held responsible who had validly obtained … Read more

No Compensation for Disability Arising from Tobacco Use: SC

The Supreme Court of India, while hearing a matter concerning disability pension, has clarified that a claim for disability pension cannot be sustained where the disease or disability arises out of a soldier’s personal habits and has no direct nexus with military service. The Court observed that if an illness or disability is the consequence … Read more

Fair Trial and Public Justice Take Precedence Over Privacy Rights in Matrimonial Disputes: Chhattisgarh HC

The Chhattisgarh High Court upheld a Family Court’s ruling permitting the submission of WhatsApp conversations and call logs in a pending divorce case, noting that the litigating party’s right to introduce relevant evidence in matrimonial disputes must take precedence over the fundamental right to privacy. In respect of the above, while acknowledging that the right … Read more

No Right to Claim CRPF Security Without Proven Threat, Protection Plea Rejected: Allahabad High Court

The Allahabad High Court dismissed a writ petition seeking armed protection by the Central Reserve Police Force (CRPF), clarifying that the grant of security depends upon an objective assessment of threat perception and falls within the domain of the competent authorities, not the Court. The Court emphasized that: “……….it can very well be held that … Read more

Economically Independent Wife Can Claim Maintenance Under Section 125 CrPC: Allahabad High Court

The Allahabad High Court, while hearing a criminal revision petition in a matter relating to maintenance under Section 125 Cr.P.C., has clarified that merely because a wife is educated cannot be a ground to deny her maintenance. The Court pointed out that, “The Court is unable to accept the submission that mere employment or earning … Read more

Anticipatory Bail Once Granted Does Not Automatically Expire Upon Filing of Charge-Sheet: Supreme Court

The Supreme Court in dowry death-related matter observed that once an anticipatory bail is granted, then it will continue without fixed expiry. The mere filing of a charge-sheet, the taking of cognizance, or the issuance of summons shall not, by itself, operate to terminate the protection granted, unless specific reasons are duly recorded. The above … Read more

Criminal Contempt: Court Directs Contempt Action Against Advocate for Objectionable Remarks During Hearing: Allahabad High Court

The Allahabad High Court directed that contempt action be initiated against an advocate who made remarks against the dignity of the Court during the hearing of a criminal bail application. According to the case, while considering a bail application in a criminal matter, the Court found that the injured person had sustained a gunshot wound … Read more

Framing of Charges Without Considering Final Report Is Illegal: Allahabad High Court

The Allahabad High Court has held that a trial court cannot ignore a final report submitted after further investigation while proceeding to frame charges. The Court observed that if cognizance has already been taken on an initial charge sheet and the police subsequently file a final report upon further investigation, the trial court is duty-bound … Read more

Judge Refused to Hear Matter, After Supreme Court’s Criticism of Bail Order: Allahabad High Court

The Allahabad High Court (Lucknow Bench) while hearing the second bail application of the petitioner observed that it is well known that no judge can claim that his order has never been set aside or interfered with and on perusal of judgment the bail order was required to be interfere. The said observation was given … Read more