Karnataka High Court Weekly Round-Up: 25 September To October 1, 2023

Nominal Index: Dr Mohan Bhatta M R And State of Karnataka & Others. 2023 LiveLaw (Kar) 366Babu s/o Shankarappa Mukkannvar And Union of India & Others. 2023 LiveLaw (Kar) 367Kum Sowmya R AND Registrar General & Others. 2023 LiveLaw (Kar) 368Vikram & Others AND Union of India & Others. 2023 LiveLaw (Kar) 369The Divisional Manager The New India Insurance Company Ltd AND...

Telangana High Court Set To Launch Pilot E-Filing Portal 3.0

The Telangana High Court has announced the launch of the e-Filing 3.0 portal for the filing of cases and petitions by Government Pleaders, Standing Counsel, and Income Tax cases by Advocates, Standing Counsel, and parties-in-person. This initiative comes in response to the directions of the Chief Justice and a letter from the Registrar dated 29th September 2023.The E filing pilot portal is scheduled to go live on 3rd October 2023, and will stay active till 31st December 2023. During this period,...

UP Cooperative Societies Act And Not Industrial Disputes Act Applies To Disputes Between Employer-Employee In Cooperative Society: Allahabad HC

The Allahabad High Court has held that any dispute between an employer and employees of a cooperative society are to be adjudicated under the U.P Cooperative Societies Act, 1965 and not the under the provisions of U.P. Industrial Disputes Act, 1947.Relying on the decision of the Supreme Court in Ghaziabad Zila Sahkari Bank Limited Vs. Additional Labour Commissioner and others and the division bench of the High Court in Ramji Lal Tewari Vs. U.P. Co-operative Sugar Federation Ltd. Lko, bench...

Delhi High Court Monthly Digest: September 2023 [Citations 785 - 916]

Citations 2023 LiveLaw (Del) 785 to 2023 LiveLaw (Del) 916NOMINAL INDEXCASA2 STAYS PVT LTD v. BBH COMMUNICATIONS INDIA PVT LTD 2023 LiveLaw (Del) 785MOHD. IRSHAD & ANR. v. NADEEM 2023 LiveLaw (Del) 786RAVI BHUSHAN UPADHYAY v. THE STATE 2023 LiveLaw (Del) 787THE SURGICAL MANUFACTURERS & TRADERS ASSOCIATION THROUGH ITS AUTHORISED REPRESENTATIVE v. UNION OF INDIA and other connected...

Delhi High Court Weekly Round-Up: September 25 To October 01, 2023

Citations 2023 LiveLaw (Del) 887 to 2023 LiveLaw (Del) 916NOMINAL INDEXROHAN PANDEY v. STATE THROUGH SHO PS PALAM VILLAGE AND ANR 2023 LiveLaw (Del) 887MISS TANISHKA v. ANR v. GNCTD & ORS. 2023 LiveLaw (Del) 888THE BHAKTIVEDANTA BOOK TRUST, INDIA v. HTTPS://BHAGAVATAM.IN/#GSC.TAB=0 & ORS. 2023 LiveLaw (Del) 889P v. THE STATE OF NCT OF DELHI & ANR 2023 LiveLaw (Del) 890JOSEPH...

Madras High Court Weekly Round-Up: September 25 to October 1, 2023

Citations: 2023 LiveLaw (Mad) 278 To 2023 LiveLaw (Mad) 295 NOMINAL INDEX S Zahir Hussain v The State and Others, 2023 LiveLaw (Mad) 278 C Raja v State and Others, 2023 LiveLaw (Mad) 279 Arulmigu Kalasalingam College of Education v The Appeal Committee, 2023 LiveLaw (Mad) 280 H Kalyan Singh vs. Dr Nirmalkathri and others, 2023 LiveLaw (Mad) 281 M/s. Hotel Saravana...

Uttarakhand High Court Set Aside Reassessment Proceedings Initiated against Amalgamated Company As It Became Non-Existent

The Uttarakhand High Court has held that PAN activation by a transferor company does not entitle revenue to issue a reassessment notice after the appointed date of amalgamation.The bench of Justice Ravindra Maithani has observed that the reassessment notice was given to the transferor company, which is a non-existent entity, after the appointed date, i.e., April 1, 2018. The order under...

'Court Not An Expert In Chemistry Or Environment': Allahabad HC Relegates Person Seeking Exemption Under Insecticide Act To Statutory Authority

The Allahabad High Court recently held that Court is not an expert body to decide whether Ethephon (an insecticide) falls within the exemption claimed by the petitioner under Section 38(1)(b) of the Insecticide Act, 1968. Though the Court noted that petitioner had failed to discharge its burden to prove that exemption was rightly claimed, it directed the petitioner to appear before the...

Person Acquires Vested Right To Post Upon Appointment; Orders Having Civil Consequences Must Satisfy Principles Of Natural Justice: Allahabad HC

The Allahabad High Court has recently held that once a person has been granted appointment, he acquires a vested right to continue on the said post and any order bearing civil consequences should be passed after affording him opportunity of hearing. Petitioner’s appointment on the post of Sub Inspector, Civil Police was cancelled on the ground of concealment of criminal proceedings against...

Village Panchayat Has Exclusive Power To Administer Anganwadi Matters: Kerala HC Quashes Appointments Made By Child Development Officer

The Kerala High Court recently quashed the appointment of two Anganwadi workers to the permanent post with the Kadapra Panchayat as illegal, since the appointments had been made by the Child Development Project Officer and not the Village Panchayat. Single Judge Bench of Justice Raja Vijayaraghavan V. perused Section 166 (2) Kerala Panchayat Raj Act, 1994, which provides that...

Order VII Rule 11 | Waiting For Conclusion Of Trial To Reject Plaint Defeats Purpose Of Law: Kerala High Court

The Kerala High Court recently held that a trial judge cannot wait until conclusion of trial to decide if the plaint has to be rejected, and added that such decision should be made solely on an assessment of the plaint under Order VII Rule 11 CPC.Justice Devan Ramachandran observed that Trial judge waiting for rejecting the plaint until trial was completed defeats the purpose of law laid...

Pre-Bid Forfeiture | Auction Authority Can't Claim Damages On "Guesstimates", Amount Must Be Established With Reasonable Certainty: Calcutta HC

The Calcutta High Court has recently held that damages being claimed by a party, must satisfy the threshold of credibility, and not be mere “guesstimates” made without legal basis. Petitioner was aggrieved by the decision of National Jute Manufactures Corporation Limited (“NJMC/respondent no 1”) to forfeit the pre-bid earnest money deposited by the petitioner in response to a call...