Whether Grounds Of Arrest Must Be Furnished In Writing In Offences Other Than PMLA/UAPA? Bombay High Court Refers To Larger Bench

The Bombay High Court on Friday referred to a larger bench the issue whether grounds of arrest must be furnished to accused in writing in stringent offences like POCSO Act, MCOCA or the NDPS Act, similar to the position crystallised by the Supreme Court qua the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA).The development comes after a...

Ministry Policy Cannot Override Supreme Court Precedents On Defence Security Corps Pension Condonation: P&H High Court

Punjab & Haryana High Court: A Division Bench of Justices Sureshwar Thakur and Sudeepthi Sharma dismissed a writ petition that challenged an Armed Forces Tribunal's order. The Tribunal had condoned a shortfall of 343 days and granted service pension to a DSC serviceman. The Court held that Union of India v. Surender Singh Parmar (2015) permits condonation of service shortfalls up to...

Allahabad High Court Quashes GO To The Extent It Denied Gratuity To Teachers Continuing Beyond Superannuation

The Allahabad High Court recently quashed a Government Order to the extent it denied gratuity to teachers who opted to continue beyond their age of retirement, citing primacy of statute over executive fiat.Petition was filed challenging Clause 4(1) of G.O. dated 22.06.2018 as well as communication of rejection of claim for gratuity to the petitioner. By said G.O., gratuity was denied...

Karnataka High Court Monthly Digest: January 2025 [Citations: 01 - 36]

Citation 2025 LiveLaw (Kar) 01 to 2025 LiveLaw (Kar) 36Nominal Index:K Lokesh AND THE BANGALORE DISTRICT MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS APPELLATE TRIBUNAL AND SPECIAL DEPUTY COMMISSIONER & Others. 2025 LiveLaw (Kar) 1M/s Vigneshwara Transport Company v. Additional Commissioner of Central Tax Bengaluru North-West Commissionerate. 2025 LiveLaw (Kar)...

Continued Detention With No Possibility Of Trial Concluding In Near Future 'Unjust': Allahabad HC Grants Bail To Murder-Accused In Jail Since 2017

While granting bail to a man accused of murder, the Allahabad High Court observed that it was regrettable that the applicant was kept in prison for more than 7 years without the trail ending anytime soon. It was held that such detention was unjust and unwarranted.Justice Krishan Pahal held,“Keeping the applicant in custody under these circumstances, when there is no realistic possibility of...

Service-Related Disability Entitles Armed Forces Personnel To Full Pension Benefits; Meeting Qualifying Period Not Mandatory: P&H HC

Punjab & Haryana High Court: A Division Bench of Justices Sureshwar Thakur and Sudeepti Sharma upheld an Armed Forces Tribunal's decision regarding the disability pension for an ex-serviceman. The court ruled that disabilities attributable to or aggravated by service entitles a serviceman to both the disability and service elements of the pension. It noted that this applies even if...

"Alarming Situation": Rajasthan HC Orders Authorities To Restore Bank's Possession Over Mortgaged Property Forcibly Taken By Defaulter

Expressing surprise and alarm, the Jodhpur bench of the Rajasthan High Court directed the District Collector and Sri Ganganagar's Superintendent of Police to take stern action against a loan defaulter who took unlawful forcible possession of his mortgaged property that was taken over by a bank under the SARFAESI Act.Justice Vinit Kumar Mathur highlighted that despite the petitioner– AU...

Marriage Between Indian & Foreigner Solemnised Outside India Cannot Be Registered Under Special Marriage Act : Kerala High Court

The Court allowed the registration of the marriage under Foreign Marriage Act through virtual mode.

Madras High Court Dismisses Plea By Flipkart Owners Sachin And Binny Bansal Challenging ED's Show Cause Notice For Alleged FEMA Violation

The Madras High Court has dismissed the writ petitions filed by Flipkart owners Sachin and Binny Bansal challenging the complaint made by the Deputy Director, ED, and the subsequent show cause notice issued by the Adjudicating Authority for violating provisions of the Foreign Exchange Management Act (FEMA) and the Transfer or Issue of Security by a Person Resident Outside India,...

State To Consider 'Exceptional Personal Hardships' Faced By Employees: Rajasthan HC Sets Aside Transfer Of Nurse Who Looks After Aged Mother

Rajasthan High Court set aside the transfer of a Nurse, 300 Kms away from her current posting, considering that she is the sole earner of her family comprising her mother who was a senior citizen widow, suffering from Alzheimer's and thus requiring medical treatment at current place.The bench of Justice Arun Monga held that the transfer would not only cause logistical difficulties to her but...

Seniority For Promotion Is Determined By Date Of Promotion To Feeder Category, Not From Date Of Initial Appointment: Andhra Pradesh HC

A single judge bench of the Andhra Pradesh High Court comprising of Justice Subba Reddy Satti held that seniority for promotion to the post of Sub Inspector is determined by the date of promotion to the feeder category (Head Constable/ASI), not from the date of initial appointment as a Police Constable. Background Facts of the case The petitioners were working as Head Constable...

Landlord's Need To Settle His Son Independently In Business Constitutes Bonafide Use: Allahabad High Court

The Allahabad High Court has held that a son has every right to be in business independent of his father and the father's request for release of the rented shop so his son can start an independent business is a bona fide need, justifying the tenant's eviction.Justice Ajit Kumar held that “if the son has been doing business with his father, he has every right to get settled independently in...