New Delhi: The Supreme Court today refused an urgent hearing on a plea seeking its direction to declare as “unconstitutional” the sit-in of Delhi Chief Minister Arvind Kejriwal and his cabinet colleagues inside the lieutenant governor’s office here. Kejriwal and his ministers have been staging a sit-in at L-G Anil Baijal’s office since June 11 evening… Read more »
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Mumbai: The Bombay High Court today directed the Maharashtra government to probe the reasons behind crimes and why juveniles were increasingly taking to criminal activities, lamenting the rampant incidents of crime against children. A bench of Justices Naresh Patil and G S Kulkarni said the state must take preventive steps to minimise incidents involving juveniles… Read more »
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Madurai: The Madras High Court bench today dismissed the anticipatory bail pleas of two lawyers, members of an ultra-Left outfit, booked by the police on charges of instigating protests against Sterlite’s copper unit in Tuticorin last month that turned violent. Justice G R Swaminathan dismissed the petitions filed by Vanchinathan and Hariraghavan, who are members of… Read more »
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The Punjab and Haryana High Court recently rapped the Haryana Government for its “casual approach” while pursuing an Appeal filed before the Court.
The Bench comprising Acting Chief Justice A.K. Mittal and Justice Tejinder Singh Dhindsa noted that the State had filed an application for condonation of 17 days delay in re-filing of the appeal. While the State had submitted that it was rectifying certain objections raised by the Registry, the Court opined that the excuse wasn’t valid enough.
It observed, “It has been averred in the application that after filing of the appeal, Registry had raised certain objections and as such, the only justification being put forth is that due to lengthy process of dealing with the case file by the concerned Government Department, delay in re-filing has occurred.”
The Court, therefore, rejected the justification put forth by the State and declined the prayer for condonation of delay, noting, “The instant application only reflects the casual approach adopted by the State Government in pursuing the appeal that had been filed. The justification put forth cannot be accepted. Prayer is declined.”
The Appeal before the Court concerned an award passed in April, 2014 by the Labour Court, wherein one Ms. Shashi Bala, who was an anganwari worker, had been granted the relief of reinstatement with continuity of service, along with 50% back wages. Her services had been terminated in August, 2007 on the charge of embezzling funds.
The Haryana State Women & Child Development Department, on the other hand, challenged this order, asserting that Ms. Bala had confessed her guilt. It had further contended that there was no requirement in law to hold a full-fledged inquiry in view of the confession.
Besides, the State had also contended that since the post of an anganwari worker does not fall within the definition of the expression “civil post”, the procedure prescribed under the Haryana Civil Services (Punishment and Appeal) Rules, 1987 would not apply.
The Court, however, refused to agree with these contentions, observing, “We find that the stand taken on behalf of the appellant/State that a full-fledged inquiry was not to be undertaken in the light of admission of guilt on the part of respondent No.1, is wholly misconceived and contrary to record…
… Even though, respondent No.1 was not holding a ‘civil post’ under the State Government and the 1987 Rules did not hold the field, yet in law, it was obligatory upon the appellant/employer to have conducted an inquiry by adhering to the Rules of natural justice and to record a conclusive finding as regards embezzlement prior to imposing the major penalty of termination from service. The same admittedly has not been done.”
It therefore dismissed the appeal on the ground of delay, as well as lack of merits.
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டில்லி முதல்வர் கெஜ்ரிவாலை கண்டித்து நீதிபதிகள்… விளாசல்! போராட்டத்துக்கு அங்கீகாரம் தந்தது யார் என கேள்வி
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Disappearance Of Malabar Cements Case Files: Kerala HC Orders Inquiry By Registrar (Vigilance) [Read Order]
In a case involving a prominent scam in Kerala, wherein case files have gone missing, the High Court of Kerala has ordered an inquiry to be conducted by the Registrar (Vigilance) of the court.
The cases pertain to massive misappropriations allegedly taken place in Malabar Cements Ltd, a public sector undertaking under the Government of Kerala.
In the batch of cases, the first set of memorandum of certain writ petitions went missing from the court, whereupon the second set was directed to be placed. Subsequently, the second set too went missing. The files went missing after the matters were listed for consideration before the court.
Taking serious note of the circumstances, Justice B Sudheendra Kumar opined that the security of the high court was at stake and alarming. Justice Sudheendra Kumar opined as follows: “It appears that the missing of memorandum of the Writ Petitions is an orchestrated event. From the above, it can be reasonably presumed that the security of the High Court is at stake. Therefore, the situation is very much alarming. Such type of orchestrated activities cannot be permitted to continue in an institution like temple of justice.”
The court thereupon ordered an ordered an inquiry by Registrar (Vigilance) into the case of missing files. The Registrar (Vigilance) may also peruse the CCTV footage with the assistance of experts.
In the peculiar circumstances, it directed that the remaining files be kept in the safe custody of Registrar (Judicial) until further orders. Terming the situation emergent and alarming, the court further directed to place the above order for appropriate direction, if any, before the Acting Chief Justice.
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Shift All Stray Dogs From Roads To Shelter Homes Within 6 Months: Uttarakhand HC Directs State [Read Order]
The Uttarakhand High Court on Thursday directed the State to ensure that all stray dogs are shifted from the streets to shelter homes within a period of six months.
The Bench comprising Justice V.K. Bist and Justice Alok Singh directed, “It is to be ensured that no stray dog should be found on road after a period of six months. Such dogs should be kept inside shelter house.”
To this end, authorities have been directed to determine the number of stray dogs in every town, city and village, and thereafter, make necessary arrangements for construction of shelter homes as required. It further ordered the State to issue an advertisement in a newspaper asking NGOs which are against the idea of a shelter home for dogs to take such dogs with them.
Moreover, the Bench has left it open for the State to consider making a law for killing of “dangerous stray dogs”.
The Court was hearing a Petition filed by Nainital-based Girish Chandra Kholia in August last year. The petition had raised the issue of heightened dog menace in the State, submitting that over 11,000 dog bite cases have been reported in the State over the past five years.
The issue framed by Mr. Kholia stated: “Whether the life of citizen is important than the stray dogs and whether the State authorities are duty bound/responsible for protecting/saving the life of the public of the State from the dog biting of stray dogs.”
Considering the gravity of the issue, the Court now directed the Chief Secretary of the State to issue necessary directions to all concerned for taking appropriate steps in this regard. Besides, municipal and local authorities have been directed to ensure that dogs in all houses are registered as per law.
The Court also asserted that the non-compliance with the directions issued by the Chief Secretary would be treated as contempt of court, observing, “In view of the importance of the matter which has drawn the concern of this Court, we direct that noncompliance of the direction issued by the Chief Secretary, to the subordinate officers, including municipal bodies and local bodies would be treated as contempt of this Court’s order. Immediate steps must be taken by the Chief Secretary in this regard.”
The matter has now been listed on 16 July, with a direction to the Chief Secretary to file an affidavit stating the action to be taken by him in this regard.
Read the Order Here
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DNA Test Can’t Be Used As A Shortcut To Establish Infidelity That Might Have Occurred Decades Ago: Kerala HC Dismisses Plea Of 77-Yr-Old Husband [Read Judgment]
‘When the children are major, surely they cannot be compelled to give blood sample in a civil proceeding where they were not parties.’
Dismissing the plea of a 77-year-old husband, the Kerala High Court has observed that DNA test cannot be used as a shortcut to establish infidelity that might have occurred decades ago.
The man had approached the family court seeking a divorce from his wife who had told him that three children born of their wedlock were not his biological children. In his divorce petition, the man had filed an application seeking to conduct DNA test, which was dismissed by the family court.
Justice KP Jyothindranath began his judgment with a quote by French Philosopher, Michel de Montaigne: “A good marriage would be between a blind wife and a deaf husband”.
A bench headed by Justice V Chitambaresh observed that the three major children were not a party to the original proceeding. “When the children are major, surely they cannot be compelled to give blood sample in a civil proceeding where they were not parties. The case projected by the petitioner seems to be that if DNA test proves the petitioner is not the biological father of the said three children, the corollary is that the wife committed infidelity and there is adultery,” the bench said.
The court also said this is not a case where the test is the only safe route to reach the truth. “In the case of the three major children, after the passage of a long time, the DNA test cannot be used as a shortcut to establish infidelity that might have occurred decades ago. Even an order to undergo DNA test itself may its own effect on the reputation of the children in the society and it is also to be considered that they are major children born during the existence of a valid marriage, who are not party to the original proceeding,” the bench added.
Observing that it will not be proper to order DNA test, the bench said: “The evidence of DNA test to rebut the conclusive presumption available under Section 112 of the Evidence Act, can be allowed only when there is compelling circumstances linked with ‘access’, which cannot be liberally used as cautioned by the Hon’ble Apex Court in Dipanwita Roy’s case (supra), wherein it is stated that “there can be no dispute, that if the direction to hold such a test can be avoided, it should be so avoided.””
Read Judgment Here
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