J&K Land Revenue Act | Divisional & Financial Commissioners Hold Concurrent Revision Powers U/S 15 Provided Fair Hearing Is Granted To Parties: HC

The Jammu and Kashmir and Ladakh High Court recently set aside orders passed by the Divisional Commissioner and the Financial Commissioner in a land dispute case, emphasizing the necessity of granting a fair opportunity of hearing to parties affected by revisionary orders under the J&K Land Revenue Act, 1996.A bench of Justice Javed Iqbal Wani observed,"The power is exercisable...

Rectification Order Not Sustainable If It Fails To Provide Reasons Justifying Exercise Of Rectification Power: Kerala High Court

The Kerala High Court stated that rectification order is not sustainable if does not provide any reason justifying exercise of power of rectification. The Bench of Justice Gopinath P. observed that “….personal hearing notice does not indicate that any reason justifying the exercise of power of rectification was pointed out to the assessee. Therefore, the assessee is right...

Voluntary/Confessional Statement Made U/S 67 Of NDPS Act Cannot Be Used As Evidence Against Accused: Karnataka High Court

The Karnataka High Court recently allowed a petition filed by a 25-year-old and quashed the proceedings initiated against him under provisions of the Narcotics Drugs and Psychotropics Substances Act (NDPS), after a parcel containing ganja was seized from a courier company having his mobile number on it.A single judge bench of Justice M Nagaprasanna allowed the petition filed by...

Disciplinary Action Without Due Enquiry Is Illegal; Meghalaya High Court

Meghalaya High Court: Justice W. Diengdoh ruled that the termination of Shri Senora Johny Arengh from the Garo Hills Autonomous District Council (GHADC) without following proper disciplinary procedures was illegal. The court found that the termination violated principles of natural justice, particularly the failure to conduct an inquiry before dismissing the petitioner. The GHADC...

One Year's Service Completion Sufficient For Pension Benefits, Orders Arrears With Interest: Madhya Pradesh HC

Madhya Pradesh High Court: A bench comprising Chief Justice Suresh Kumar Kait and Justice Vivek Jain, addressed a series of writ petitions concerning retired employees who sought the grant of annual increments before superannuation. The Court ruled in favor of the petitioners, directing the State to provide annual increments due to employees retiring either on 30th June or 31st December...

Issuance Of Notice To Parties A Part Of Fair Hearing Rule, Must Be Adhered To In Property Mutation Proceedings: Madhya Pradesh HC Reaffirms

Stressing on the importance of issuing notice in property mutation proceedings, the Gwalior bench of the Madhya Pradesh High Court reaffirmed that issuance of notice–an essential component of fair hearing rule, ensures that adequate opportunity is given to the parties to appear in any proceeding–whether before court or a competent authority.In doing so the high court observed that...

Gujarat High Court Refuses To Add 'Rat Glue Trap' Manufacturers/ Sellers As Parties In PIL For Ban Of Such Methods

The Gujarat High Court on Friday (October 18) rejected two pleas moved by certain manufacturers and sellers of glue traps and glue boards for catching rodents seeking to be added as a necessary and proper parties in a public interest litigation (PIL) plea highlighting suffering caused to the animals due to the use of such methods.The court however said that it is open for the...

O.37 R.3 CPC | Courts Can Allow Conditional Leave To Defend Summary Suits, With Terms Tailored To Specific Facts Of Each Case: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently reiterated that under Order 37 Rule III of the Civil Procedure Code (CPC), courts retain the discretion to impose conditions on a defendant seeking leave to defend a summary suit.A bench of Justice Javed Iqbal Wani accentuated that this discretion is exercised based on the specific facts and circumstances of each case, and upon...

Wife Can't Be Denied Maintenance Merely Because She Is Qualified Unless It's Proved That She Quit Job Just For Seeking Allowance: Punjab & Haryana HC

The Punjab & Haryana High Court has said that maintenance cannot be denied merely because the wife is professionally qualified unless it is proved that she has given up a profession just for seeking the maintenance allowance.Justice Sumeet Goel said,"The wife merely by virtue of being educationally qualified cannot be held disentitled to seek maintenance, until and unless it is proved...

Rejecting Plaint Citing SARFAESI Act When Pleadings Claiming Fraud Are Under Specific Relief Act, Amounts To Miscarriage Of Justice: Bombay HC

While hearing a plea concerning the trial court's dismissal of a suit claiming fraud and collusion by a bank and the shareholders of a company, the Goa Bench of the Bombay High Court said that the rejection citing Section 34 SARFAESI Act amounted to miscarriage of justice, as the pleadings and reliefs were sought under the Specific Relief Act. For context, Section 34 of Securitisation...

Administrative Tribunal Cannot Alter Punishment Unless It Records That Dismissal Was Disproportionate To Charges Levelled: Karnataka HC

The Karnataka High Court has held that unless a finding is recorded that the punishment of dismissal from service imposed on a government employee is disproportionate to the gravity of the charges levelled, the Karnataka Administrative Tribunal will not get jurisdiction to substitute the punishment.A division bench of Justice S G Pandit and Justice C M Poonacha allowed the petition filed by...

Delhi High Court Dismisses Plea Challenging Recalculation Of Arbitral Fees, Upholds Separate Fee Calculation For Claims & Counterclaims

The Delhi High Court Bench of Justice Sachin Datta has held that the arbitral tribunal had correctly applied the IVth Schedule of the Arbitration and Conciliation Act, 1996, in recalculating the fees separately for the claims and counterclaims. Additionally, the court held that invoking Section 39(2) of the Arbitration and Conciliation Act, 1996 was premature since no award had...