Lakhimpur Kheri Violence | Their Case Stands On Better Footing Than That Of Ashish Mishra: Allahabad HC Grants Bail To 12 Accused

The Allahabad High Court on Monday granted bail to 12 accused in the Lakhimpur Kheri violence incident related to the killings of five persons in October 2021, noting that their case is on a better footing than the case of Ashish Mishra, who was granted bail by Top Court in July this year. The court also factored in that there is a cross-version to the present case, the Supreme Court...

Additional Collector's 'Quasi Judicial' Action Protected Under Judges (Protection) Act: Madhya Pradesh HC Nixes 'Malafide' Disciplinary Case

While quashing a charge sheet and setting aside 'malafide' disciplinary proceedings against an Additional Collector, the Jabalpur bench of the Madhya Pradesh High Court said that the petitioner falls under the definition of a judge while discharging functions as quasi-judicial officer and is protected under the Judges (Protection) Act. In doing so the high court also criticised the act of...

Delhi High Court Presumes Man Dead Who Went 'Missing' During COVID-19 From LNJP Hospital, Grants ₹5 Lakh Compensation To Wife

Presuming a man dead who purportedly went missing during the second wave of COVID-19 pandemic from Lok Nayak Jai Prakash (LNJP Hospital, the Delhi High Court has recently granted Rs. 5 lakh ex-gratia compensation to his wife.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma clarified that the payment shall not be in any manner construed as a liability or admission...

Nakabandi By Private Person Apprehending 'Illegal Transportation' Of Cows Not Permitted In Law: Haryana Police Directs, High Court Informed

The Punjab and Haryana High Court was informed of directions issued by Haryana Police to the heads of police units to publicise that no Nakabandi (blockade) by private persons is permitted under law in connection with alleged illegal transportation of cows and it must be ensured that appropriate legal action is taken against the persons indulging in such illegal activities.The haryana police...

Dispute Referral By State Government To Central Labour Tribunal Valid Only When Authorized By Central Government: Allahabad HC

Allahabad High Court: A single bench of Justice Subhash Vidyarthi declared that the canteen workers of Hindustan Aeronautics Ltd. (HAL) were direct employees of the company, despite the existence of a contract with a third-party canteen operator. However, the court ruled that the question of whether the contract between HAL and the canteen operator was a “sham” was beyond the...

Himachal Pradesh High Court Weekly Round-Up November 4 - November 10 2024

Nominal Index:Virender Singh and others. Versus State of H.P. and another 2024 LIveLaw (HP) 58Su-Kam Power System Ltd. & Another versus State of Himachal Pradesh & Others 2024 LiveLaw (HP) 59National Highway Authority of India v. Narayan Das 2024 LiveLaw (HP) 60NHPC Ltd. Vs. Principal Commissioner, CGST and Ors 2024 LiveLaw (HP) 61M/s A.M. Enterprises v. State of Himachal Pradesh...

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing...

Recovery Action Against Company Directors Cannot Be Initiated If Status Of Assessee Is Non-Existent: Madras High Court

The Madras High Court ruled that recovery actions against the directors of a company cannot be initiated if the status of the assessee is non-existent. The Division Bench of Justices Anita Sumanth and G. Arul Murugan observed that “while in the case of amalgamation, it is only the apparent and outer shell of the company which is destroyed…. However, in the case of...

[S.263 IT Act] Revisionary Power Can Be Invoked When Order Meets Twin Conditions Of Being Erroneous, Prejudicial To Interest Of Revenue: Delhi HC

The Delhi High Court has held that in order to invoke Section 263 of the Income Tax Act, 1961, the Principal Commissioner must satisfy “twin conditions”, i.e. form an opinion that the order passed by the Assessing Officer is “erroneous” and “prejudicial” to the interests of the Revenue. The provision confers power of revision upon the Principal Commissioner or Commissioner,...

Cross-Examination Requests In Show Cause Proceedings Cannot Be Allowed Without A Reply From Noticee: Madras High Court

The Madras High Court stated that a request for cross-examination of a witness in a Show Cause proceeding cannot be allowed if no reply on merits has been provided by the noticee. The Division Bench of Justices R. Suresh Kumar and C. Saravanan observed that “………the question of entertaining an application for cross-examination of the witnesses without any reply on merits by...

Multi-Clause Contracts Should Be Interpreted So That A View On Any Particular Clause Doesn't Violate Another Part Of The Contract: Delhi HC

The Delhi High Court bench of Justices Vibhhu Bakhru and Sachin Datta affirmed that the explicit terms of a contract are always the final word with regard to the intention of the parties. The multi-clause contract inter se the parties has, thus, to be understood and interpreted in a manner that any view, on a particular clause of the contract, should not do violence to another part of...

Madras HC Reserves Order On Actress Kasthuri's Anticipatory Bail Plea In Connection With Alleged Controversial Remarks On Telugu Community

The Madras High Court has reserved orders on an anticipatory bail petition filed by actress Kasthuri for her alleged controversial comments on the Telugu community in Tamil Nadu. Speaking at a Brahmin meet in Chennai on November 3rd, the South Indian actress had made comments against the Telugu community suggesting that the Telugu people, who had come to serve the courtesans of the...