News Updates
'Vertical Reservation' By Calicut University For Persons With Disabilities Faulty And Illegal: Kerala High Court
The Kerala High Court on Friday held that the reservation procedure followed by the Calicut University by earmarking roster points for persons with disabilities, and providing them with vertical reservation instead of horizontal, as being faulty and illegal, and also violative of Rule 15 of Part II Kerala State and Subordinate Service Rules (KS & SSR). Such reservation had resulted...
Simply Because Patient Didn't Respond Favourably To Treatment Or Surgery Failed, Doctor Cannot Be Held Negligent: Kerala High Court
The Kerala High court on Thursday observed that a mere deviation from normal professional practice or an accident or untoward incident is not enough to prove medical negligence. Gross and culpable negligence beyond a reasonable doubt needs to be established for a medical professional to be convicted for criminal negligence, said the court. A single bench of the court was...
Consider Applications Of Married Women For Primary Teacher Posts On Basis Of Caste & Income Certificates Of Parents, Not Spouses: Karnataka High Court
The Karnataka High Court has granted relief to hundreds of applicants to the post of Graduate Primary Teachers who were placed in the General merit category by the State government as they had submitted the caste and income certificate of parents instead of the certificates of their spouse. A single judge bench of Justice M Nagaprasanna allowed a batch of petitions and quashed...
CBI Was Sufficiently Empowered To Investigate Cases In Erstwhile State of J&K In Terms Of General Consent: J&K&L High Court
The High Court of J&K and Ladakh on Thursday ruled that Central Bureau of Investigation (CBI) enjoyed the requisite jurisdiction to investigate offences committed within the territorial jurisdiction of erstwhile State of J&K in terms of the general consent given on May 7, 1958 and December 8, 1963 by the government. The pronouncement came from a bench of Justice...
Bombay High Court Refuses To Direct State To Provide Compensation To All Snakebite Victims In Maharashtra, Says It Is For Govt To Consider
The Bombay High Court has refused to direct the state government to provide financial aid to all snake and scorpion bite victims in the state. observing that it is a policy decision, and such direction would encroach on the State Government’s jurisdiction.A division bench of acting Chief Justice S. V. Gangapurwala and Justice Sandeep V. Marne, while disposing of a PIL, said:“It is for...
Budgetary Support Under GST Regime Can’t Be Denied To An Eligible Unit: Delhi High Court
The Delhi High Court has directed the revenue authorities to grant budgetary support to a manufacturing unit under the “Scheme of Budgetary Support under Goods and Services Tax (GST) Regime”, available to ‘eligible units’ located in specified States. The Court took note that the petitioner was eligible for exemption from Central Excise Duty prior to 01.07.2017, i.e., before...
Can’t Demand Degree Of AICTE-Approved Institute From A Candidate Who Graduated In Requisite Subject From Statutory University: Rajasthan High Court
The Rajasthan High Court, Jaipur Bench, has said that a candidate, who possesses the requisite qualifications for holding the post of Assistant Loco Pilot, cannot be denied empanelment merely for the reason that the degree possessed by him is not from an institute approved by the All India Council for Technical Education (AICTE).The division bench of Chief Justice Pankaj Mithal and Justice...
Delhi High Court Upholds Use Of Rule Of Contra Proferentem By Arbitrator While Interpreting Contract
The Delhi High Court has ruled that, if the arbitrator uses a contract executed between the parties to determine a dispute, the clauses of the contract should, in principle, be construed contra proferentem, i.e., the clauses should be interpreted against the party that drafted it. The bench of Justice Chandra Dhari Singh remarked that the rule of contra proferentem can be regarded as...
KHCAA President Saiby Jose Kidangoor Moves Kerala HC For Quashing FIR Against Him On Bribery Allegations
The Kerala High Court Advocates Association President, Advocate Saiby Jose Kidangoor, who is facing allegations of having taken money from clients in the name of bribing judges, has approached the Kerala High Court seeking to quash the FIR that had been registered against him, and to stay all further proceedings. The Ernakulam Central Police Station had registered the FIR against Advocate...
Deputy Commissioner Not Empowered To Reassess After The Goods Were Cleared For Home Consumption: CESTAT
The Delhi Bench of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that the Deputy Commissioner had the power to reassess the goods under Section 17(5) of the Customs Act, 1962, after the goods had been cleared for home consumption.The two-member bench of Binu Tamta (Judicial Member) and P.V. Subba Rao (Technical Member) has observed that the customs EDI system does...
Defamation Suits To Get Cheaper In Kerala With Budget Proposal To Limit Court Fee
In a significant move, the Kerala State Government in its budget presented on 03-02-2023 proposed to limit the Court fees for filing Suit for compensation for defamation and Suit for compensation for negligent and tortious act to 1% of the claim instead of advalorem court fees. The budget proposal requires an amendment to the Kerala Court Fees and Suits Valuation Act 1959. The...
Recurring Defect In Car; Tamil Nadu State Consumer Disputes Redressal Commission Directs Refund Of Rs-60,08,000/ The Price Of Audi Q 7
The Tamil Nadu State Consumer Disputes Redressal Commission Bench comprising Justice R. Subbia, President and Mr. R. Venkatesaperumal , Member has allowed a consumer complaint against the car dealer, service provider, manufacturer for defect in the brake-mechanism of his car. The complainant had prayed to the Commission to direct car manufacturer ‘Audi’ to replace the...