High Courts
Coop. Bank Officers Are 'Public Servants' Under PC Act; Dept Exoneration Without Finding On Merits No Bar To FIR: Allahabad High Court
The Allahabad High Court has clarified that the employees of Co-operative Banks controlled or aided by the government fall squarely within the definition of a 'Public Servant' under the Prevention of Corruption Act, 1988. The Court further said that a 'technical' exoneration in a departmental inquiry, where the Inquiry Officer merely states a lack of competence to investigate the...
Delhi HC Allows Time-Barred Appeal Against Customs' Confiscation Of Gold, Says Traveller Cannot Be Left Remediless Due To Wrong Legal Advice
The Delhi High Court recently allowed an air traveller to prefer a time-barred appeal against confiscation of gold by the Customs Department, upon his arrival from Thailand.In doing so, a division bench of Justices Prathiba M. Singh and Shail Jain said, “the Petitioner cannot be rendered completely remediless in this matter as he may have proceeded on the legal advice.”The Petitioner...
Ad Hoc Or Temporary Service Counts Toward Pension Only For Employees Governed By Pre-NPS Rules: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has clarified that temporary or ad hoc service can be counted as qualifying service for pension only in cases where the employee is governed by the pension regime that existed before the New Pension Scheme (“NPS”) came into force.The ruling came while examining whether ad hoc service rendered before regularisation could be used to...
Bar U/S 60 Bihar Prohibition Act Doesn't Oust High Court's Writ Jurisdiction To Release Seized Vehicles: Patna High Court
The Patna High Court held that while section 60 of the Bihar Prohibition and Excise Act bars jurisdiction of the Special Exercise Court to release seized vehicles used to commit the offence, the bar doesn't oust the writ jurisdiction of the High Court under Article 226 of the Constitution.The order was passed by Justice Arun Kumar Jha.The case arose when the petitioner Karnal Kumar's...
Civil Rights Enforcement Cell Can't Take Up Suo Motu Investigation Over Validity Of Caste Certificates: Karnataka High Court
The Karnataka High Court has observed that the Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into cases related to validity of caste certificates."....the Civil Rights Enforcement Cell does not have the power to take up suo motu investigation into the caste certificate of the petitioner," Justice M Nagaprasanna said while allowing a petition filed by...
Orissa High Court Asks Why Life Convict's Appeal Filed With 12 Yrs Delay Despite Regular Jail Inspections By District Judge, DLSA
The Orissa High Court has expressed disappointment over the working of Jail and Legal Aid authorities after finding 12 years delay in filing a Jail Criminal Appeal (JCRLA) against a murder conviction recorded by a Sessions Court in the year 2013.A Division Bench of Justice Sangam Kumar Sahoo and Justice Sibo Sankar Mishra was taken aback by such delay which occurred despite regular...
Andhra Pradesh High Court Sets Annual Schedule For LLB Admissions To Curb Delays
The Andhra Pradesh High Court has directed the State authorities to streamline the admission for law courses from 2026, noting that delay in the process has an adverse effect on academic curriculum of candidates.A division bench comprising Chief Justice Dhiraj Singh Thakur and Justice Challa Gunaranjan passed the order in a PIL filed by Thandava Yogesh.It was the petitioner's case that there...
Chhattisgarh High Court Refuses To Direct Politician's Arrest In Hate Speech FIR; Says Courts Can't Micromanage Investigations
The Chhattisgarh High Court dismissed a plea seeking a direction to the authorities to take time-bound coercive action against Johar Chhattisgarh Party leader Amit Baghel, including his arrest, a thorough investigation and filing of a charge sheet in all pending FIRs registered against him for hate speech.In doing so the court said that mere assertion of “State apathy” claiming that...
Motor Accident Victim Seeking Compensation Must Lodge Complaint In Time: Karnataka High Court
The Karnataka High Court recently upheld an order of the Motor Accidents Claim Tribunal which refused compensation to a claimant, observing that the possibility of planting or involving the offending vehicle in the alleged accident cannot be ruled out.A single judge, Justice P Sree Sudha dismissed the appeal stating, "the delay is not at all explained and injured not filed any certified copies...
Delhi High Court Imposes ₹1 Lakh Cost On Senior Citizen Who Failed To Attend Personal Hearing Over ₹1.95 Crore GST Demand
The Delhi High Court has directed the Customs Department to grant one more opportunity to a septuagenarian woman, who failed to appear for personal hearing in connection with ₹1,95,11,160 demand raised against her firm.The Petitioner is the sole proprietor of the firm, who has a dealership agreement with M/s. Hindustan Petroleum Corporation Limited in respect of domestic &...
UPGST Act | Confiscation Notice U/S 130 Cannot Be Issued For Mere Violation Of Record-Maintenance Requirements U/S 35: Allahabad HC
Recently, the Allahabad High Court reiterated that notices under Section 130 of the Uttar Pradesh Goods and Service Tax Act 2017 for confiscation and levy of penalty, could not be issued for alleged violation of maintenance of accounts and records as required under Section 35 of the Act. It was held that such notices under Section 130 could only be issued once the...
HAMA | Father Obliged To Provide Maintenance & Marriage Expenses To Unmarried Major Daughter: Chhattisgarh High Court
The Chhattisgarh High Court has held that a father is legally as well as morally duty bound to provide maintenance and marriage expenses to his daughter, even after she attains the age of majority.While dismissing an appeal against maintenance order passed by Family Court, the Division Bench of Justice Sanjay K. Agrawal and Justice Sanjay Kumar Jaiswal held -"The appellant/defendant, being...