High Courts
Settlement With Concessionaire Doesn't Erase NHAI's Role In Dispute: Delhi High Court Dismisses Substitution Petition
The Delhi High Court refused to interfere with an arbitral tribunal's order rejecting the plea of National Highways Authority of India's (NHAI) to substitute itself with a special purpose vehicle (SPV) in an ongoing arbitration initiated by CFM Asset Reconstruction Pvt. Ltd. (CFM ARC). The court held that the substitution could prejudice claimants' rights and that court's...
No Authority Under GST Act To Reserve Judgement & Deliver It Later Without Issuing Notice To Assessee: Allahabad High Court
The Allahabad High Court has held that nothing under the Goods and Service Tax Act, 2017 the relevant rules, and notifications, allows the authorities to reserve judgements on the fixed date and pass them later, especially without informing the assessee. The petitioner was issued a show cause notice on 17.02.2022. The petitioner submitted a reply but the respondent passed an order...
“Rights Are Meaningful Only When Citizens Know How To Exercise Them”: Mizoram Governor In Constitution Day Programme At Gauhati High Court
“Rights are meaningful only when citizens know how to exercise them. Duties are effective only when people are aware of their importance,” Mizoram Governor General (Dr) Vijay Kumar Singh (Retd) said on Wednesday (November 26) during the Constitution Day programme at the Aizawl bench of Gauhati High Court.As per the press release by the Mizoram Raj Bhavan, speaking at the gathering,...
Recruitment Advertised For Tribal Areas Creates Legitimate Expectation; State Can't Post Candidate Elsewhere Sans Reasons: Rajasthan High Court
The Rajasthan High Court has held that the State cannot extend an attractive promise at the stage of recruitment and later altogether depart from it without any rational justification.The bench of Justice Farjand Ali held that a legitimate expectation could undoubtedly arise in the candidates' mind at the time of entering service that their posting would be in or around the regions for which...
Promotion After Retirement Can't Extend Service, But Notional Monetary Benefits Allowed Till Superannuation: Gauhati High Court
The Gauhati High Court has held that extension of service on the basis of a promotion recommended after superannuation is not permissible in law and that such recommendation cannot be given effect to once the employee has already retired. A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury, said, “Thus, giving the appellant an extension of his service...
Madras High Court Quashes Order Allowing Pfizer To Seek Documents From Indian Drug Manufacturer For US Suit
The Madras High Court has overturned a Single Judge's order that had permitted pharmaceutical giant Pfizer to enforce Letters Rogatory issued by a United States court to obtain documents and testimony from Chennai-based Softgel Healthcare Pvt. Ltd. Letters Rogatory are formal requests sent by a court in one country to a court in another country seeking assistance in gathering evidence for a...
Standard Of Family's Indigence For Compassionate Appointment Can't Be Interpreted As 'Beggary': Rajasthan High Court
The Rajasthan High Court has held that the technical definition of “indigent” under Order XXXIII, Rule 1 of CPC, could not be transposed mechanically into the domain of compassionate appointment as that would reduce the scheme illusory,by imposing a threshold that no eligible family could practically meet.“Indigent Person” under CPC meant that a person who did not possess sufficient...
'If True, A Shocking Testimony Of Society': Allahabad High Court Flags 51-Yr Delay In Allotting Land Due To 1971 War Martyr's Widow
The Allahabad High Court on Wednesday expressed strong concern over the plight of a widow of a 1971 war martyr who moved the HC claiming that she had been allotted only 2.5 bighas of land against her entitlement of 5 bighas and has been struggling since 1974 to receive what is due to her. A Bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta remarked that if the claims...
Differently Abled Child Entitled To Care Of Both Parents: Gauhati High Court Orders Reconsideration Of Army Major's Joint Posting Request
In a matter where an Indian Army officer sought reconsideration of his transfer on account of his minor son having autism, the Gauhati High Court held that a differently abled child is entitled, as a matter of legal right, to have caregiving parents near him, and directed the authorities to reconsider the request for joint posting of the parents.The ruling was delivered by Justice Kardak Ete,...
Kerala High Court Directs Calicut University To Convene Senate Within 30 Days To Replace Recused Member In VC Search Committee
The Kerala High Court on Wednesday (November 26) directed the University of Calicut to convene a Senate meeting within 30 days to find a replacement for Prof. Sabu A., who has expressed his unwillingness to be a member of the Search-Cum-Selection committee that has the duty to select a vice-chancellor for the varsity.Justice V.G. Arun was considering the State's plea that had challenged...
Compelling Wife To Undergo Trial For Inevitable Acquittal Is 'Instrument Of Harassment': Allahabad High Court Quashes POCSO Case Against Husband
The Allahabad High Court recently quashed criminal proceedings under the POCSO Act against a man who married the alleged victim, who also favoured quashing. as it observed that forcing a happily married couple to face trial merely to record a hostile testimony would be an "irony of fate" and an "instrument of harassment”. A bench of Justice Kshitij Shailendra thus allowed the plea...
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...