High Courts
Partnership Deed Without Proof Of Accounts Cannot Be Used As Camouflage To Conceal Subletting By Tenants: HP High Court
The Himachal Pradesh High Court held that a partnership deed without proof of books of accounts cannot be used as a camouflage to conceal subletting by the tenants. Justice Satyen Vaidya remarked that: “Evidently, the partnership deed was executed for dual purpose, firstly to camouflage the relationship and secondly to secure the interest of the tenants to get monthly...
Bombay High Court Takes Note Of Inconvenience To Citizens Due To Bachchu Kadu-Led Farmers' Protest, Asks To Clear Site Immediately
The Bombay High Court on Wednesday took suo motu cognisance of the "suffering and disturbance" caused to the citizens due to the ongoing protests at the National Highway 44 (Wardha Road) by farmers under the leadership of former MLA Omprakash alias Bachchu Kadu.Sitting at the Nagpur seat, single-judge Justice Rajnish Vyas presiding over a vacation court, also ordered Bachchu Kadu to...
GST Levy On Group Health Insurance Policies Challenged; Kerala High Court Grants Interim Relief To Union Bank Pensioners
The Kerala High Court has granted interim relief to retired employees of the Union Bank by allowing them to renew their group health insurance policies without paying the 18% Goods and Services Tax (GST) on the premium.The Court passed the interim order in a writ petition filed by Vinod Mukundan and others, including the All India Union Bank Pensioners & Retirees Federation, challenging...
Delhi High Court Quashes Jamia Millia Islamia's Order Dissolving Jamia Teachers Association, Calls It Abrogation Of Fundamental Rights
The Delhi High Court has quashed two office orders and an advisory issued by Jamia Millia Islamia, dissolving the Jamia Teachers Association (JTA), an autonomous body of varsity teachers constituted in the year 1967 and administered through an Executive Committee elected by its members.Justice Sachin Datta found the varsity's action violative of JTA's fundamental right to self-governance...
MP High Court Imposes ₹2 Lakh Cost On Tobacco Company For Stalling GST Proceedings
The Madhya Pradesh High Court has imposed ₹2 lakh costs on an Indore-based tobacco company for attempting to stall the proceedings initiated against it by the GST authorities.The company came came under the scanner of the Director General of GST Intelligence back in May 2020, following an investigation into large-scale tax evasion in the pan masala and tobacco industry in Indore.The...
Compassionate Appointment, Acceptance Of Lower Post Under Financial Distress Doesn't Bar claim For Higher : J&K HC
A Division bench of the J&K HC comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that the principle of estoppel does not apply when a compassionate appointment to a lower post is accepted under financial duress and immediately challenged by the applicant who possessed the requisite qualifications. Background Facts The applicant's father was working as an...
Balco Disinvestment: Delhi High Court Upholds Arbitral Award Voiding Centre & Vedanta Shareholder's Pact
After over a decade of legal tussle, the Delhi High Court recently upheld an arbitral award declaring the Shareholders' Agreement (SHA) between Vedanta Limited (then Sterlite Industries) and the Union of India void, which had given Vedanta the exclusive right to buy the government's remaining 49% stake in Bharat Aluminium Company Limited (BALCO) after a three-year lock-in period. The...
Proceedings U/S 138 NI Act Are Not Sustainable For Dishonour Of Cheques Presented On Behalf Of Dissolved Company: Delhi High Court
The Delhi High Court has made it clear that a party cannot be sued under Section 138 of the Negotiable Instruments Act, 1881 for dishonor of cheques issued by it, if presented by a dissolved company.Justice Arun Monga observed,“Once a company is struck off and stands dissolved, it loses its juristic personality, rendering any act done on its behalf void ab initio unless the company is...
'National Security Policy Can't Be Stalled On Technicalities': Madras High Court Upholds Conversion Of Ordnance Factories Into Defence PSUs
The Madras High Court recently dismissed a petition filed against the decision of the Union Government's decision to convert production units of Ordnance Factory Board into seven Defence Public Sector Units. The bench of Justice R Suresh Kumar and Justice Hemant Chandanagoudar rejected the argument put forward by the employees' association that the decision was made even before...
Delhi High Court Grants Bail To Law Graduate Accused In Mother's Murder, Cites Welfare Of Minor Child
The Delhi High Court has granted bail to a young law graduate booked for the murder of her mother, citing the welfare of her minor child.Justice Sanjeev Narula observed, “The Applicant is a young woman aged 28 years and a single mother to a minor child, who has reportedly been left in the care of her husband's relatives, as the husband is not attending to the child. Prolonged incarceration,...
Delhi High Court Sets Out Key Principles To Determine Maintenance, Calls For Reasoned Orders By Family Courts
The Delhi High Court on Wednesday set out the key principles to be followed while determining maintenance to the wife and child, while also calling for reasoned orders by Family and Mahila Courts in the national capital. Justice Swarana Kanta Sharma emphasised that orders granting interim maintenance in matrimonial cases must be based on a clear and reasoned assessment of income...
Auction Purchaser Must Verify Dues In “As Is Where Is” Sale; Bank Not Liable for Undisclosed Liabilities: Allahabad High Court
Recently, the Allahabad High Court has held that it is the duty of the auction purchaser to check the dues and liabilities on the property being auctioned on "as is where is", "as is what is and "whatever there is" basis.The bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi held:“once a person participates in any auction while having knowledge that the property is being...