Bahraich Violence | 'No Reason To Say UP Govt Won't Follow SC's Order On Demolitions': Allahabad HC Grants 15 Days To Accused To Respond To PwD Notices

In an extraordinary Sunday sitting, the Allahabad High Court today heard a Public Interest Litigation (PIL) plea moved by the Association For Protection of Civil Rights (through its Vice President, UP East, Sayed Mehfuzur Rehman) challenging the Uttar Pradesh Government's proposed action to demolish properties belonging to the accused in the Bahraich violence case. Hearing the matter...

Approval By DoE Mandatory For Order Of Dismissal Against Teachers In Private Schools, Ex Post Facto Approval Cannot Sustain In Law, Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Justices Sudhir Kumar Jain has recently set aside a teacher's Order of Dismissal from service observing that the ex post facto approval of the Directorate of education in dismissing a teacher from service granted cannot sustain in law as mandated under Section 8(2) of the DSE Act and Rule 120(2) of...

SCN Was 'Gloriously Silent' On Provisions Of GST Act Which Were Allegedly Infringed: Delhi High Court Quashes Order

Finding that the SCN as well as the final order fails to provide any clue with respect to the provision of the statute which was alleged to have been violated or infringed, the Delhi High Court quashes the SCN & the order of cancellation of GST registration. “The SCN is gloriously silent with respect to the provisions of the GST Act which are alleged to have been...

'Reasons' To Remit Matter For Fresh Inquiry Need To Be 'Meaningful And Self Speaking', Can't Be Left To Imagination, Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Hari Shankar and Sudhir Kumar Jain upheld a judgement of the Central Administrative Tribunal stating that the 'reasons' for remitting the matter as is required by Rule 9(1) of the AIS (D & A) Rules need to be meaningful and cannot be left for imagination. Background The Respondent before the Court is a 1990 batch...

Value Of Free Fuel Can't Be Added To Value Of Taxable Supply U/S 15 Of CGST Act: Uttarakhand HC

The Uttarakhand High Court held that when as per the agreement, the cost of fuel was to be borne by recipient, then such cost cannot be subjected to charge of GST by adding its value in the transaction value of GTA service.Pointing that the cost of fuel cannot be added in the account of the transporter, as was governed by the GST rules, the Division Bench comprising Justice Ritu Bahri and...

Rejection Of Application For Voluntary Cancellation Of GST Registration Didn't Contain Reasons: Bombay HC Quashes Rejection Order

The Bombay High Court ruled that since the revocation orders for registration cancellation on petitioner's application were passed contrary to principles of natural justice, all the subsequent proceedings initiated thereafter, which are consequential, shall be quashed.“Before the revocation of cancellation of registration, the Petitioner was not supplied with the documents on the basis of...

"Prima Facie BCI Cannot Assume Revisional Jurisdiction When Matter Is Pending Before State Bar Council": Punjab & Haryana High Court

The Punjab & Haryana High Court has stayed an order of the Bar Council of India (BCI) till the next hearing, wherein it had put the interim decision of Punjab & Haryana Bar Council against High Court Bar Association President Vikas Malik "under abeyance."In July, the Bar Council of Punjab and Haryana suspended the licence of Malik and barred him from practising before any court till...

Arbitral Award Based On Law Prevailing At Time Of Proceedings Cannot Be Held To Be Illegal Due To Subsequent Apex Court Ruling: Allahabad HC

The Allahabad High Court Bench of Justice Piyush Agrawal, held that if parties were allowed to reopen concluded arbitrations based on new judicial rulings, it would lead to a flood of claims seeking to modify or overturn arbitral awards. Moreover, the retroactive application of judicial decisions to arbitral awards would create legal and procedural chaos. Arbitrators make decisions based on...

'Misfortune' That Mother Of Young Daughters Was Denied Bail For Allegedly Possessing Heroine, Drug Money Without Prima Facie Evidence: P&H HC

The Punjab & Haryana High Court has granted bail to a mother of three young daughters arrested in August for allegedly possessing merely 12 grams of heroine, and drug money of Rs.10,000 without any prima facie evidence."A mother of three daughters, aged 4, 2, &1, incarcerated in the FIR..., since 4th August 2024 for possessing 12 grams of heroin, just 4.8% of the maximum...

Failure Of Accused To Produce His Mobile Phone During Custody Not 'Non-Cooperation': Andhra Pradesh High Court

The Andhra Pradesh High Court has observed that the accused's failure to submit their mobile phones to the police while in custody cannot be considered 'non-cooperation' as the accused is protected under Article 20(3) of the Constitution. A single judge bench of Jusitce Dr. V.R.K. Krupa Sagar was considering the bail pleas of N.Suresh Babu, a former Member of Parliament, and Avutu...

Judicial Interference In Departmental Promotion Committee Decisions Restricted; MP HC Clarifies Standards

Madhya Pradesh High Court at Gwalior: Justice Anil Verma dismissed the writ petition filed by M.H. Qureshi, a Junior Engineer (Electrical Safety), challenging his denial of promotion to the position of Assistant Engineer (Electrical Safety). The Court upheld the Departmental Promotion Committee's (DPC) decision, citing the petitioner's failure to meet the required benchmarks, and emphasized...

High Court Directs Punjab Election Commission, State To Initiate Process Of Conducting Municipal Elections In 15 Days Without Delimitation Exercise

The Punjab & Haryana High Court has issued a writ of mandamus to the Punjab's State Election Commission and Punjab Government to initiate the process of holding elections by notifying election programmes in all the Municipalities and Municipal Corporations within 15 days from the without conducting the fresh exercise of delimitationChief Justice Sheel Nagu and Justice Anil Kshetarpal...