High Courts
CCS Pension Rules | Pension Can't Be Arbitrarily Denied To Employees Under Old Scheme Who Were Transferred Without Break In Service: HP High Court
The Himachal Pradesh High Court has held that an employee can't be arbitrarily denied pension under old scheme when he was transferred through the proper channels and without any break in service.Justice Satyen Vaidya: “In the facts of the case in hand, petitioner also qualified other condition as he had been transferred to the borrowing employer through proper channel w.e.f. 15.11.2002...
HC Cannot Order Re-Investigation Until Trial Court Decides On Whether Probe Is Tainted Or Not, Causes Prejudice To Accused: J&K High Court
The Jammu & Kashmir High Court has refused to entertain a writ petition seeking reinvestigation or alteration of charges in an alleged assault and disrobing case, directing the petitioner to pursue remedies before the trial court.A bench of Justice Sanjay Parihar observed that the petitioner had an adequate opportunity before the trial court to raise her grievances, and that writ...
Jammu & Kashmir And Ladakh High Court Monthly Digest: June 2025
Nominal Index:Iftikhar Ashraf Trumboo vs Furqaan Ah. Rather 2025 LiveLaw (JKL) 217Thakur Ashwani Singh vs State of Punjab 2025 LiveLaw (JKL) 218Attiqa Bano Vs National Insurance Company Ltd 2025 LiveLaw (JKL) 219Tahir Riyaz Dar vs UT of J&K 2025 LiveLaw (JKL) 220Sajad Ahmad Khan Vs Union of India & Ors 2025 LiveLaw (JKL) 221Bhole Bhandari Charitable Trust Vs Shri Amarnathji Shrine...
Occupancy Certificate Not Final For Plinth Area Determination: Kerala High Court Upholds Luxury Tax U/S 5A Of Kerala Building Tax Act
The Kerala High Court stated that occupancy certificate not final for plinth area determination under Section 6 of the Kerala Building Tax Act. Justice Ziyad Rahman A.A. was addressing the issue where challenge raised by the assessee was against the assessment of building tax and luxury tax, by mainly placing reliance upon Occupancy Certificate. Section 5A Of Kerala Building Tax...
Proceedings U/S 148A Of Income Tax Act Unsustainable If Escaped Income Is Below ₹50 Lakhs & Notice Is Issued After 3 Years: Kerala High Court
The Kerala High Court held that proceedings under Section 148A of Income Tax Act not sustainable if escaped income is below Rs. 50 lakhs and notice issued after 3-years. Justice Ziyad Rahman A.A. stated that “when the order of the assessing authority is found to be without jurisdiction and hit by the period of limitation, it is not necessary to relegate the party concerned to...
Bonafide Requirement Must Be Seen On Date Of Initiation Of Eviction Process, Not During Pendency Of Proceedings: HP High Court
The Himachal Pradesh High Court held that the death of a landlord's son during the pendency of eviction proceedings does not affect the landlord's bona fide requirement for eviction, as the date for assessing such requirement is the date of filing the eviction petition and not during the pendency of the proceedings.The Court observed that eviction proceedings take time, and the landlord...
CJI Gavai Launches Live Streaming Facility In Bombay High Court
Chief Justice of India (CJI) Bhushan Gavai on Saturday launched the "live streaming" of the Bombay High Court proceedings.As of now only the proceedings of the first five benches of the HC will be live streamed, which are:Chief Justice Alok Aradhe & Justice Sandeep MarneJustice Revati Mohite-Dere & Justice Dr Neela Gokhale Justice Mahesh Sonak & Justice Jitendra JainJustice...
Delhi High Court Flags Trend Of Rich Tenants Occupying Landlord's Property On 'Paltry' Rate In Dispute Over ₹40 Rent In Sadar Bazar Area
The Delhi High Court recently raised concerns over the trend of financially well-off tenants continuing to occupy the landlord's property for decades altogether, while parting with a very meagre rent.Irked by mere ₹40 rent paid by the Respondent-tenants in Delhi's Sadar Bazar area, Justice Anup Jairam Bhambhani ordered their eviction.Allowing the Petitioner-landlord's plea, the...
Arbitration Can Be Initiated Over Termination Of Employee Contract Containing Both Dispute Resolution & Termination Clause : Calcutta High Court
The Calcutta High Court Bench of Justice Shampa Sarkar while allowing an application for appointment of arbitrator has observed that where an employee has been terminated in terms of an employment contract which contains both Dispute Resolution clause and Termination clause, if it is not a case of termination simpliciter, then the dispute shall be referred to arbitration in terms of...
When Parties Cannot Agree Upon Rules Governing Arbitration, Independent Clause Conferring Exclusive Jurisdiction Prevails: Calcutta High Court
The Calcutta High Court bench of Justice Shampa Sarkar, while hearing a section 11 petition, observed that Courts at Durgapur would have the exclusive jurisdiction over the arbitral proceeding vide Clause 46.2.4 of the GCC, as the parties could not agree upon the rules of arbitration governing the proceedings as provided under Clause 46.2.5. Factual Matrix: The Respondent No....
J&K HC Acquits Man Accused Of Killing Wife By Setting Bed Ablaze, Says It Was Unexplained Why He Didn't Save His Son If He Was Present At Scene
The Jammu & Kashmir High Court acquitted a man convicted for murder, pointing to multiple shortcomings in the prosecution's case, including variations and contradictions in the initial report and testimony of key witnesses and conflicting accounts of the type of weapons used, the manner of assault, and nature of injuries.The court also expressed concern over the prosecution's failure...
MP High Court Directs State To Ensure Adequate Doctors Are Employed At Primary Health Centre Catering To Over 50K Rural Residents
The Madhya Pradesh High Court on Thursday (July 3) directed the State Government to ensure that adequate number of doctors and paramedical staff are deployed at the Primary Health Centre at Rajnagar in Anuppur, which is stated to be catering to over 50,000 rural and tribal residents. During the hearing Advocate Siddharth Gontia appearing for the petitioner submitted before a division bench...