Delhi High Court Imposes ₹25K Costs On Litigant For Delay Tactics In 21 Year Old Property Dispute

The Delhi High Court has imposed costs of Rs. 25,000 on a litigant for filing a revision petition seeking to delay adjudication in a 21 year old property dispute which is at final stage of hearing before the trial court. Justice Tara Vitasta Ganju dismissed the plea filed by one Krishna Devi, respondent in the suit, challenging the dismissal of her application filed under Order VII Rule 11(d)...

State Denying Salary To Employee In Coma Since 2023 Is Inhuman, Violates Article 21: Rajasthan High Court Directs Review Of Dues

Rajasthan High Court expressed its pain with the State government for not paying salary to a government employee in coma for over two years after suffering brain hemorrhage, calling it inhumane, unreasonable and violative of Article 21 of the Constitution of India.Considering the “inhumane and arbitrary approach” and fairly settled law around the situation, Justice Ravi Chirania, instead...

Customary Practice Of Divorce Can Be Proven In Evidence Even If Hearsay, Upon Satisfying Conditions U/S 32 Evidence Act: Kerala High Court

The Kerala High Court has recently held that a customary practice of divorce can be proven in evidence if the same is hearsay, if the statement satisfies the conditions under Sections 32(4) and 48 of the Indian Evidence Act.The Division Bench of Justice Sathish Ninan and P. Krishna Kumar was considering a matrimonial appeal challenging the decision of the Family Court declaring the respondents...

S. 49 CGST Act | Once Penalty Deposited In Electronic Cash Ledger Is Credited To Govt, Tax Liability Gets Discharged: Gujarat High Court

The Gujarat High Court has reiterated that once a penalty, interest, fee etc., deposited by a registered person in his electronic ledger is credited to the government's account, the tax liability is discharged to the extent of the deposit made to the Government. Referring to Section 49 (Payment of tax, interest, penalty and other amounts) of the CGST Act and a decision of the division...

Delhi High Court Sets Aside 'Single Line Order' Of Trademark Registry, Says Any Decision Without Hearing Violates Natural Justice

The Delhi High Court has set aside an order of the Trademark Registry, observing that it was passed in a haste, contained only a single sentence without giving the affected party an opportunity to be heard. Justice Tejas Karia said that any decision without affording an effective hearing opportunity, without giving reasons is contrary to the fundamental tenets of natural justice. “It...

Delhi High Court Refers To Arbitration Dispute Over Rights In Parabhas-Starrer 'The Raja Saab'

The Delhi High Court has referred to arbitration the dispute between People Media Factory Private Limited and IVY Entertainment Private Limited over rights in the Telugu film “The Raja Saab” starring actor Prabhas.Justice Tejas Karia noted that both the companies, by mutual consent, agreed to refer their suits concerning copyright and IPR in the film to arbitration after entering into...

Declaration Of Marital-Status Strikes At Core Of Society, Can Be Done Only By Competent Court: Allahabad High Court

Recently, the Allahabad High Court observed that the declaration of marital-status strikes at the very core of society and can only be made by competent Court under Section 11 of the Hindu Marriage Act, 1955.The bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi observed,“It goes without saying that the declaration of the parties' marital-status, strikes at the very...

Kerala High Court Grants Anticipatory Bail To Bigg Boss Malayalam Winner Booked In Alleged Gym Theft Case

The Kerala High Court recently granted pre-arrest bail to bodybuilder and the winner of 'Bigg Boss Malayalam 6' Jinto P.D., booked in an alleged case of theft after trespassing into a gym “Jinto Body Craft”.The prosecution allegation was that the petitioner entered into the establishment run by the de facto complainant and stole ₹10,000/- and certain important documents and...

Prior IBC Proceedings Don't Bar Criminal Prosecution Of Directors Under S. 138 Negotiable Instruments Act: Bombay High Court

The High Court of Bombay, Nagpur Bench, comprising Justice M.M. Nerlikar, has held that the prior initiation of IBC proceedings does not bar criminal prosecution of directors under section 138 of the Negotiable Instruments Act. Background of the Case The petitioner extended a short-term loan of Rs. 15 lakhs to the respondent through its directors. A post-dated cheque was issued as...

Delhi High Court Asks AFT To Decide Expeditiously Plea By JAG Women Army Officers For Permanent Commission

The Delhi High Court has asked the Armed Forces Tribunal (AFT) to decide a plea filed by various women officers of Judge Advocate General (JAG) Branch of the Indian Army, seeking Permanent Commission.The women officers are presently on Short Service Commission Officers. A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said that since the officers are in...

Disciplinary Proceedings Post-Retirement Invalid; Pension Recovery Permissible Only If Charge Of Loss By Fraud Is Proved During Service: J&K HC

A Division bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that disciplinary proceedings cannot be initiated against a government servant after retirement, and recovery from pension is permissible only when a specific charge of financial loss to the Government due to negligence or fraud is duly framed...

MP High Court Issues Notice On NEET-UG Students' Plea For Refund Of ₹10 Lakh Each Forfeited After Seat Cancellation

The Madhya Pradesh High Court on Monday (October 6) issued notice on a petition by certain 2024 NEET-UG medical aspirants seeking refund of ₹10 Lakh each deposited by them during counselling, after applying for cancellation of seats allotted by private college. The plea also challenges the vires of Rule 12(7)(ga) of the Madhya Pradesh Private Professional Educational Institutions (Regulation...