Non-Use Of Mandatory Portal Can't Be Ground To Reject Appointment When Portal Was Non-Functional: Bombay HC

A Division bench of the Bombay High Court comprising Justice M. S. Karnik and Justice Sharmila U. Deshmukh held that rejection of a teacher's appointment approval was unsustainable because the mandatory 'Pavitra Portal' was non-functional at the time of recruitment, and the Education Officer failed to respond to the school's prior communications. Background Facts A vacancy...

Any Person In Control Of Company Is Liable To Face Penal Measures If Account Is Declared Fraud: Bombay High Court In Ambani's Case

While dismissing the plea filed by industrialist Anil Ambani, the Bombay High Court held that whenever a company's account is classified as "fraud" its Promoters, Directors or anyone having control over the said company, automatically become liable to penal actions as mandated under the Reserve Bank of India (RBI) Master Directions, 2024.Notably, Ambani and his company Reliance...

LIC's Cancer Cover Valid Only If 'First Diagnosis' Occurs After Waiting Period, Not Expert Confirmation: Kerala High Court

The Kerala High Court allowed Life Insurance Corporation's appeal against direction to pay insurance coverage claim of a cancer patient, holding that LIC's coverage for cancer care would apply only if the first diagnosis–which does not include confirmation by expert, occurred after waiting period of 180 days. The claimant, an LIC policy holder, had renewed her cancer cover on 16.03.2021. As...

Prolonged Disciplinary Proceedings Without Just Cause Amounts To Punishment, Delay Causes Mental Agony For Employee: P&H High Court

The Punjab & Haryana High Court said that every delinquent employee has a legitimate right to have such proceedings concluded expeditiously. The Court noted that undue and unexplained delays cause mental agony, financial hardship, and social stigma, amounting to punishment even before any guilt is established.Justice Harpreet Singh Brar said, "Every delinquent employee has a legitimate...

How Can You Demand Fee For Transferring Lawyer's Enrolment When Advocates Act Bars It? MP High Court To State Bar Council

The Madhya Pradesh High Court on Tuesday (October 7) orally questioned the State Bar Council for demanding fee from an advocate for transferring his enrolment to the state when the Advocates Act bars such fee demand. For context, Section 18(1) of the Act states that a person whose name is entered as an advocate on the roll of any State Bar Council may make an application in the prescribed form...

Gujarat High Court Slams Vadodara Municipal Corporation's "Attitude", Refuses To Condone Delay In Filing Arbitration Appeal

The Gujarat High Court on Tuesday (October 7) dismissed a Section 37 appeal under Arbitration and Conciliation Act filed by Vadodara Municipal Corporation concerning a construction contract dispute, noting that sufficient explanation for condoning delay of 137 days in filing appeal was not given. During the hearing, the court, on being informed that the appeal could not be filed because the...

“What Evidence You Have? No Information Even In Sealed Cover”: Kerala High Court Questions Customs' Seizure Of Dulquer Salmaan's Car

The Court noted that the actor was a subsequent purchaser of a vehicle registered in India and questioned the need for Customs seizure.

Execution Proceedings Need Not Be Initiated For Collector To Transfer Award Amount To Person Who Loses Land: Karnataka High Court

The Karnataka High Court has clarified that once an award under Section 30 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is passed, it is for the Collector to as expeditiously as possible, preferably within a period of 30 days to deposit the amount so awarded under a general award into the bank account of the land loser unless...

Delhi High Court Asks GST Appellate Tribunal To Examine 'Profiteering' Allegations Against Tata Play

The Delhi High Court recently asked the GST Appellate Tribunal to re-look into the profiteering allegations levelled against DTH services provider Tata Play.The direction was made by a division bench comprising Justices Prathiba M. Singh and Shail Jain while dealing with the company's appeal against the show cause notice and consequential order passed against it by the erstwhile...

[Arbitration Act] S.11 Application Is Maintainable Even Without Notice U/S 21 If Other Party Is Aware Of Dispute: Rajasthan High Court

The Rajasthan High Court Jaipur Bench has held that a Section 11 petition under the A&C Act without issuing the notice invoking arbitration (“NIA”) u/s 21 of the A&C Act would be maintainable if the Respondents were aware of the dispute being referred to arbitration. The bench noted that the Respondents were well-versed in the dispute raised by the Petitioner. They could...

Ill Treatment Of Children By Spouse Constitutes Cruelty Under Section 10(1) Divorce Act: Kerala High Court

The Kerala High Court has held that the ill-treatment of children by a spouse constitutes mental cruelty towards the other spouse and can be a valid ground for dissolution of marriage under Section 10(1)(x) of the Divorce Act, 1869.The Division Bench comprising Justice Sathish Ninan and Justice P Krishna Kumar, dismissed the wife's appeal against a Family Court judgment granting divorce to...

Madras High Court Asks State To Consider Plea Against ₹1 Crore Land Acquisition Compensation Paid To Boney Kapoor, Janhvi & Khushi Kapoor

The Madras High Court has directed the State Highways Department to consider a representation seeking an enquiry into the disbursal of Rs. 1,00,87,183 to film producer Boney Kapoor and his daughters Janhvi Kapoor and Kushi Kapoor as compensation for land acquisition. Justice Krishnan Ramasamy has directed the authority to consider the representation and dispose of the same within...