High Courts judgments

MP High Court enhances compensation from Rs. 3.4 lakh to Rs. 7.97 lakh by applying the Minimum Wages Act's Rs. 4,545/month benchmark for deceased unskilled laborers, reinforcing future prospects and filial consortium under Pranay Sethi. The ruling sets a precedent for tribunals to avoid underestimating dependency loss in fatal accident claims.

Rajasthan High Court reinforces guest faculty rights under the Vidhya Sambal Scheme, mandating their continuation until regular appointments are made. The ruling ensures Rs. 800/hour honorarium and protects contractual employment rights, setting a precedent for service law compliance in educational schemes.

The Rajasthan High Court has ruled that temporary employees who were within the prescribed age limit at the time of their initial appointment are entitled to age relaxation when applying for permanent posts, even if they exceed the upper age limit at the time of interview. This sets a critical precedent for thousands of contractual government workers across Rajasthan, ensuring that prior service tenure is not penalized by rigid age criteria during recruitment.

Rajasthan High Court rules that exclusion of a disabled candidate from the final selection list without reason violates principles of natural justice. The court directs reservation of a post for the petitioner, reinforcing employment rights under disability reservation laws.

The Rajasthan High Court suspended the sentence of a life convict who had already served over 10 years, 10 months, and 21 days, aligning with Supreme Court directives in Sonadhar and Saudan Singh. The ruling reinforces that prolonged incarceration without appeal disposal justifies bail, even in heinous offences, unless exceptional circumstances exist.

Rajasthan High Court rules that an axe blow to the head constitutes sufficient prima facie evidence of intent to commit murder under BNS, justifying charge framing. The ruling clarifies that courts need not wait for trial to assess intent where the act itself demonstrates clear criminal purpose, impacting criminal procedure in violent offences.

Rajasthan High Court directs trial courts to release accused on bail the same day if a charge-sheet is filed without arrest, reinforcing the right to speedy investigation under Satender Kumar Antil and Ashok Kumar precedents. The ruling applies specifically to corruption cases under the Prevention of Corruption Act, ensuring non-arrested accused are not subjected to unnecessary detention.

Bombay High Court sets a precedent requiring clear evidence of a proximate trigger to suicide and demand for money as economic cruelty to deny bail under Bharatiya Nyaya Sanhita in dowry death cases. The ruling underscores that vague allegations without specific instances of coercion or ill-treatment fail to justify continued detention.

Kerala High Court holds that once a miner avails the statutory reduction scheme under the Kerala Minor Mineral Concession Rules, 2015, the penalty under Rule 108 cannot be waived. The ruling reinforces strict compliance with penalty provisions, impacting miners and state authorities in enforcement actions.

Kerala High Court clarifies that review petitions under the Civil Procedure Code must demonstrate an 'error apparent on the face of the record', not just a change in legal interpretation or subsequent judgments. The ruling reinforces that review jurisdiction is limited to correcting manifest errors, not re-litigating settled issues, impacting service law disputes involving retirement benefits and administrative orders.

Kerala High Court dismisses a writ petition challenging DRT orders, ruling that fraud allegations require evidence and must be adjudicated before the Debt Recovery Appellate Tribunal (DRAT) under the RDB Act. The court reaffirms that bypassing the statutory appeal mechanism is impermissible, even in cases of alleged fraud.

Kerala High Court clarifies that non-medical teachers appointed before the 01.08.2023 cutoff under NMC's Competency Based Medical Education Curriculum are entitled to MBBS examiner appointments. The ruling directs verification of eligibility within two months, impacting medical education service law across India.

Kerala High Court rules that mere receipt of stolen property by a scrap dealer does not automatically attract Section 305 BNS liability unless knowledge of theft is proven. The court granted conditional pre-arrest bail, emphasizing that the offence under Section 317 (bailable) may apply instead if no recovery is made, safeguarding investigation rights while preventing arbitrary detention.

Kerala High Court grants pre-arrest bail under Bharatiya Nyaya Sanhita, ruling that mere allegations of intimidation and minor assault without substantive evidence fail to establish a prima facie case under Section 74 BNS. The judgment reinforces that bail cannot be denied solely on the gravity of accusations without material corroboration.

Kerala High Court directs expeditious consideration of a detenu's request for temporary release under Section 14 of the Kerala Anti-Social Activities (Prevention) Act, 2007, emphasizing the balance between preventive detention and constitutional rights. The ruling sets a precedent for humanitarian exceptions in detention laws, impacting detenus with critically ill family members.

Kerala High Court allows medical termination of pregnancy at 29 weeks due to severe fetal abnormalities, reinforcing the right to reproductive choice under Article 21. The ruling directs hospitals to comply with the Medical Board's recommendations, setting a precedent for similar cases involving fetal health risks.

Bombay High Court grants bail to a 70-year-old accused in a BNS case where no overt act was attributed, the charge sheet was filed without framing charges, and the cause of death remained undetermined. The ruling reinforces that prolonged pre-trial detention is unjustified when the accused's role is unsubstantiated, setting a precedent for bail in cases with weak evidentiary links.

MP High Court suspends the remaining jail sentence of a POCSO convict, emphasizing the appellant's prolonged custody period, gaps in witness testimony, and absence of criminal antecedents. The ruling underscores that bail under POCSO may be granted where evidentiary reliability is questionable, even in serious offences.

Madhya Pradesh High Court rules that transfers disrupting the statutory teacher-student ratio under the RTE Act are impermissible, directing authorities to decide a teacher's representation within three weeks. The judgment reinforces compliance with RTE Act provisions to ensure educational quality in government schools.

The Madhya Pradesh High Court ruled that an insurance company remains liable for third-party compensation under Section 149 of the Motor Vehicles Act, 1988, even if the vehicle lacked a valid permit. The court upheld the 'pay and recover' principle, allowing the insurer to later reclaim the amount from the vehicle owner, reinforcing strict liability for insurers in motor accident claims.

MP High Court reaffirms that insurance companies cannot evade third-party liability under the Motor Vehicles Act, 1988, even if the vehicle lacks a valid permit. The ruling mandates compensation to victims with recovery rights against the vehicle owner, reinforcing the 'pay and recover' doctrine under Section 149 of the Act.

MP High Court reinforces that prolonged suspension without concluding departmental enquiry violates natural justice, relying on the Supreme Court's Ajay Kumar Chaudhary judgment. The court directed expeditious disposal of the suspension review within four weeks, setting a critical timeline for service law compliance affecting government employees.

Rajasthan High Court upholds eviction notices for unauthorized religious structures near the Indo-Pak border, ruling that national security concerns override procedural objections under writ jurisdiction. The judgment reinforces that land revenue and colonization laws prevail in sensitive border zones, limiting constitutional remedies for affected parties.

Madhya Pradesh High Court grants bail in a POCSO case where the DNA report is negative and the prosecutrix denies physical access, underscoring the importance of evidentiary gaps and prolonged custody. The ruling reinforces that bail cannot be denied solely on the gravity of charges without substantive proof.