High Courts
Adverse Police Report Calling Applicant 'Foreigner' Can't Override Statutory Citizenship By Birth, Passport Must Be Issued: Madras High Court
The Madras High Court recently observed that an adverse police report could not override the statutory right conferred under the Citizenship Act, when a person's citizenship by birth is proved by way of genuine documents. Justice PT Asha thus came to the rescue of a man, born to Sri Lankan parents, whose passport application was rejected by the authorities. The court noted that the...
BNSS | Police Report In Non-Cognizable Offence Is Deemed A 'Complaint'; Accused Must Be Heard Before Summons In Such Cases : Allahabad HC
The Allahabad High Court has recently observed that a police report (charge-sheet) filed for a non-cognizable offence must be treated as a 'complaint' by the Magistrate and not as a police case/state case. This is in conformity with the Explanation to Section 2(1)(h) of the Bharatiya Nagarik Surksha Sanhita, 2023 (BNSS). The Court further noted that in such cases, a Judicial...
Gujarat High Court Seeks Response Of State, Central Govts On PIL For Extending ESI Act Benefits To Industrial Workers In District Kutch
The Gujarat High Court sought response of the ESI Corporation, State and Central governments on a PIL for extending benefits under ESI Act to district Kutch so as to provide adequate medical facilities and benefits to the workers in various factories/industries especially those working in hazardous industries in the district. The division bench of Chief Justice Sunita Agarwal and Justice DN...
'Hospitals Must Display Rates, Mustn't Deny Emergency Care For Not Paying Advance' : Kerala High Court Upholds Clinical Establishments Act
The Kerala High Court on Wednesday (November 26) dismissed the appeals preferred by the Indian Medical Association (IMA) and the Kerala Private Hospitals Association against a Single Bench's order upholding the provisions of the Kerala Clinical Establishment Act and Rules.The Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. upheld the law, which...
Delhi High Court Grants Relief To Tesla Inc, Extends Bar on Indian Company's Use of 'Tesla' Marks In EV Market
The Delhi High Court on Monday granted relief to the U.S.-based electric vehicle company Tesla Inc. by directing that the undertaking earlier given by the India-based Tesla Power India Pvt. Ltd., stating that it will not manufacture or market electric vehicles or use any mark deceptively similar to 'Tesla' for EVs, shall continue until the trademark infringement suit is finally decided.In...
Crime Remaining Undetected Due To Police Lapse Violates Victim's Right Under Article 21, State Obligated To Compensate: Madras High Court
The Madras High Court recently observed that when a crime remains undetected due to the inaction of the investigating agency, it violates the victim's right under Article 21 of the Constitution. The court added that the State, as the guardian of fundamental rights, must step in and provide monetary relief to the victims in such cases. “When a crime remains “undetected” due to...
Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Misusing Writ Jurisdiction To Stall DRT, NCLT Proceedings
The Delhi High Court recently imposed costs of Rs 1 lakh on a litigant while dismissing his writ petition that sought to halt proceedings pending before two Debts Recovery Tribunals and the National Company Law Tribunal. The Court held that the petitioner, Sanjeev Krishan Sharma, had failed to show any violation of fundamental rights, statutory mandate or natural justice that could...
Employee Cannot Claim Wages Of Higher Post Merely Because He Is Qualified To Perform Such Tasks: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that an employee cannot claim wages of a higher category merely because he is qualified or capable of performing duties associated with that post.The Court clarified that wages are attached to the post held and not to the qualifications possessed by the employee.The Court was hearing a petition challenging the rejection of a claim for...
Delhi High Court Slams GST Authorities For 'Mechanically' Cancelling Registration Of BoAt's Parent Company
The Delhi High Court has slammed the GST authorities for cancelling the registration of Imagine Marketing Ltd., the parent company of smart wearables brand boAt, without considering the company's replies.A division bench of Justices Prathiba M. Singh and Shail Jain further criticised the GST Appellate Authority, which upheld the cancellation in a 'cavalier' manner. The judges...
GST Migration Not Taxpayer's Burden: Delhi HC Directs CESTAT To Hear Appeal After Pre-Deposit Was Made Under Excise Head Due To Portal Failure
The Delhi High Court has held that where the Service Tax portal had become non-functional after the migration to the GST regime, the taxpayer cannot be compelled to make the mandatory pre-deposit strictly under the Service Tax ledger for maintainability of an appeal. The Court observed that once the deposit has already gone to the Government exchequer under the Excise Head. A...
Power To Extend Arbitrator's Mandate Lies With Civil Court Of Original Jurisdiction, Not Appointing Court: Telangana High Court
The Telangana High Court dismissed a Civil Revision Petition filed by Employees State Insurance (ESI) Corporation. ESI had challenged an order passed by the Civil Court allowing the application seeking extension of the arbitrator's mandate. Justice P. Sam Koshy held that the mandate of the arbitrator under section 29A(4) of the Arbitration and Conciliation Act, 1996 (Arbitration Act)...
Delhi High Court Imposes ₹50K Costs On Customs For “Harassing” Companies Importing Body Massagers
The Delhi High Court has slammed the Customs Department for “unnecessarily harassing” two entities involved in import of body massagers.Petitioners' import goods were confiscated for alleged mis-declaration of sex toys as body massagers. While ordering their provisional release, the Court had previously asked the Department to come up with a uniform policy permitting or prohibiting the...