[Disability Pension] Soldier Is Presumed To Be In Sound Health When There's No Record Of Disease At Stage Of Enrolment: Punjab & Haryana HC

The Punjab & Haryana High Court set aside the order of Armed Forces Tribunal and directed to process the disability pension of the disabled armed forces officer, observing that a soldier is presumed to be of sound health in absence of specific medical finding.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "a presumption is assigned vis-à-vis the sound physical and mental...

Application For Revocation Of Cancellation Of GST Registration Rejected Just Because Taxpayer Did Not Respond To SCN: Delhi HC Revives Application

The Delhi High Court held that the application for revocation of cancellation of GST registration could not have been dismissed, when apart from using the phrase “any supporting documents” and “others”, no further reason was assigned as to why the said application was dismissed.The High Court held so, while observing that the solitary reason which has weighed upon the respondent to...

Kerala HC Permits 'Pappanji' Burning During New Year Celebrations In Kochi, Suggests Increasing Breadth Of Barricade Around Effigy

The Kerala High Court on Friday (December 27) permitted 'Pappani' burning at Veli Ground in Fort Kochi for the New Year Celebrations this yearThe Mattancherrry police had earlier issued a notice directing the organisers to remove the erected effigy of 'Pappanji'. Permitting the burning of the effigy the court also suggested to the authorities to increase the breadth of barricade around...

Mere Eligibility Does Not Confer Any Right Of Promotion: Punjab & Haryana High Court Reiterates

The Punjab and Haryana High Court has reiterated that promotion is not a fundamental right, and it cannot be claimed from the date that the vacancy to a post arises nor does mere eligibility confer any right for promotion. In the present case, the petitioner sought promotion from the date when she became eligible for the post.Referring to the Supreme Court's decision on this subject,...

Madras High Court Takes Suo Motu Cognizance Of Alleged Sexual Assault Of Student At Anna University

The Madras High Court on Friday (December 27) took suo motu cognizance of the alleged sexual assault of a 2nd-year Engineering Student inside the Anna University campus in Chennai. A division bench bench of Justice SM Subramaniam and Justice V Lakshminarayanan took suo motu cognizance of the incident based on a letter by Advocate R Varalakshmi. The bench however refrained from passing any...

Rajasthan HC Sets Aside Rule Imposing Rs. 50 Fee For Each Day's Delay In Applying For Vehicle Fitness Certificate Renewal

The Rajasthan High Court has set aside a provision in the Central Motor Vehicle Rules as ultra vires which sought to levy additional fee of Rs. 50 for each day of delay in making an application for renewal of the certificate of fitness required by the transport operators for their vehicles to operate on roads.A division bench of Chief Justice Manindra Mohan Shrivastava and Justice Ashutosh...

Pension Calculation Is Governed By Rules In Force When Employee Joined Service; Can't Retrospectively Apply New Rules: Rajasthan HC

Rajasthan High Court, Jaipur Bench: A Division Bench of Justices Manindra Mohan Shrivastava and Ashutosh Kumar upheld a single-judge decision that allowed a government employee to include his territorial army service in pension calculations. The Court ruled that pension rules introduced in 1996 could not retrospectively be applied to those who joined under the Rajasthan Service...

'Limited Power Of Judicial Review In Suspension Cases': Rajasthan HC Dismisses Plea By Govt Employee Suspended For Allegedly Fabricating Documents

Dismissing a petition against suspension of a government employee in contemplation of the departmental enquiry against him, the Jaipur bench of the Rajasthan High Court observed that while exercising power under Article 226 of the Constitution, the scope of interference in matters of suspension was very limited.Justice Anoop Kumar Dhand in his order said, “In matters of suspension, the...

Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court

The Delhi High Court has recently ruled that it is not essential to arrest a person who voluntarily appears before the Court or Magistrate, pursuant to the application filed by the Investigating Officer, for giving specimen signature or handwriting. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma upheld the constitutional validity of proviso to Section 311A...

Allahabad High Court Directs UP Police To Deploy Force To Protect 17th Century Agra 'Hammam'

On Thursday, the Allahabad High Court directed the Archaeological Survey of India (ASI) and the Commissioner of Police, Agra, to ensure that no damage iss caused to a 17th-century Hammam (public bath) in Agra. A bench of Justice Salil Kumar Rai and Justice Samit Gopal passed this order while dealing with the PIL plea filed by one Chandrapal Singh Rana seeking protection of...

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers

On Thursday, the Allahabad High Court issued a stay on coercive action against a man and his three family members who are accused of assaulting lawyers inside Lucknow District Court Complex earlier this month. A bench of Justice Jaspreet Singh and Justice Rajeev Singh also directed that the Additional Commissioner of Police of the area concerned conduct the investigation into the...

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings.Holding that revision is to be treated as an appeal where remedy of appeal is not specifically...