Single Appeal Maintainable Against Common Judgment Rendered In Suit And Counter-Claim: Madras High Court

The Madras High Court recently observed that a single appeal is maintainable against a common order involving a claim and counter claim. Justice AD Maria Clete added that though a counterclaim is treated as a cross-suit under Order VII Rule A of CPC, a single judgment in the suit would not require multiplicity of appeal. “There could be no quarrel that a single appeal...

25% RTE Quota Applies To Pre-Primary Classes, Limiting It To Class I Disadvantageous To Children From Weaker Sections: Rajasthan High Court

Rajasthan High Court held that that the obligation to reserve 25% seats under the Right to Education Act, 2009 (“the Act”) was applicable not only to the Class I but also to all pre-primary levels wherever such education was offered.The division bench of Acting Chief Justice Sanjeev Prakash Sharma and Justice Baljinder Singh Sandhu opined that by restricting the applicability to Class I,...

Gujarat High Court Permits Ahmedabad Municipal Corporation To Reduce Bed Capacity In 95-Yr-Old Hospital To Complete Renovation

The Gujarat High Court on Friday (January 16) permitted Ahmedabad Municipal Corporation to reduce the bed capacity at the corporation run Sheth Vadilal Sarabhai Hospital and Chinai Hospital–stated to be in dilapidated condition–in order to complete the renovation works, as a temporary arrangement. The court was hearing an application filed by Ahmedabad Municipal Corporation in a 2020 PIL...

'Caste Bias Must Be Uprooted': Madras High Court Observes In Kavin Honour Killing Case, Flags Selective Non-Arrest Of Accused Cop

"Caste passions and bigotry must be uprooted to realise the constitutional vision of Dr. B.R. Ambedkar," the Madras High Court recently remarked while dealing with a case relating to honour killing of a Scheduled Caste man— Kavin, a techie in Tirunelveli district of Tamil Nadu.Stressing on the rights of victims and witnesses under the Scheduled Castes and Scheduled Tribes...

Promotion Can Be Deferred If Disciplinary Appeal Is Pending: Calcutta High Court

The Calcutta High Court has held that an employee does not acquire an indefeasible right to promotion merely by securing a high position in the merit list, and that promotion can be legitimately deferred if a statutory disciplinary appeal is pending consideration. Dismissing a writ petition filed by a senior employee of the West Bengal Small Industries Development Corporation Ltd....

Breaking | Jharkhand High Court Orders Paramilitary Force At ED Ranchi Office Following Police Raid, Stays FIR Against Officials

The Jharkhand High Court has stayed further investigation and proceedings in an FIR registered by the State Police against Enforcement Directorate (ED) officials. The Court also directed the Home Secretary, Government of India, to depute CISF or BSF, or any other suitable paramilitary force, at the Directorate of Enforcement office in Ranchi. The order comes in the backdrop of the...

Once An Issue Has Attained Finality, Trial Court Cannot Reopen Or Refer It To HC For Clarification: J&K&L High Court

The Jammu & Kashmir High Court held that once a trial court has finally decided an issue, it lacks jurisdiction to reopen, revisit, or refer the same issue to the High Court, particularly when the order has attained finality and has not been challenged through appropriate legal remedies.A bench of Chief Justice Arun Palli, Justice Rajnesh Oswal observed that permitting re-agitation of...

No Fresh Notification Required To Apply Rent Control Act In Panchayat Area Converted To Municipality: Kerala High Court Full Bench

The Kerala High Court has held that no fresh notification under Section 1(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 is required to apply the Act, when a Panchayat Area is converted to Municipality.A Full Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Gopinath P and Justice G Girish was answering a reference which arose from conflicting Division...

Why State Preferred Appeal In Private Dispute Despite Govt Counsel Advising Against It? Gujarat High Court Seeks Explanation

The Gujarat High Court on Friday (January 16) directed the Additional Chief Secretary of the revenue department to conduct an inquiry into why despite a negative opinion given by the government pleader's office against filing of State appeal in a private dispute, the department insisted on filing the same. For context, the court had last month dismissed the State's appeal against a single...

Reference To Arbitration Requires Independent Application, Cannot Be Inferred From Plea To Reject Plaint: Calcutta High Court

The Calcutta High Court recently rejected a Master's summons application filed by M/s Samman Capital Limited, that sought stay of a commercial suit on the grounds of an existing arbitration clause.Master's summons under the Code of Civil Procedure (CPC) refers to a court order (summons) compelling a party to appear, often to provide documents or information relevant to an insolvency proceeding...

Compassionate Appointment Can't Be Denied Because Deceased Had Less Than 3 Yrs Of Service Left: Gauhati High Court

The Gauhati High Court has held that a policy condition restricting compassionate appointment on the basis of the remaining length of service of a deceased government employee is arbitrary and violative of Article 14 of the Constitution.A Division Bench comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury observed, “We find that the classification made on the basis of...

Gujarat High Court Issues Modified SOP To Streamline Case Listing And Registry Scrutiny

The Gujarat High Court has issued a modified Standard Operating Procedure which will come into effect from February 02, to streamline case listing procedure, ensure speedier verification of matters and timely disposal. The notification states:"The number of cases being filed in the High Court of Gujarat has been constantly on the rise and listing of the cases is becoming acutely unwieldy....