High Courts
'Bike Taxis Are Safer For Women, More Affordable': Women Commuters Oppose Bike Taxi Ban Before Karnataka High Court
Opposing the ban on bike taxis in Karnataka, Women commuters told the High Court on Wednesday (July 02) that bike taxis are a safe, convenient and affordable mode of commuting. A division bench of Acting Chief Justice V Kameswar Rao and Justice C M Joshi was hearing appeals filed by bike taxi aggregators Ola, Uber and Rapido against the single judge's order.For context, the single judge had...
Reconstituted GSTAT Selection Committee Has Power To Restart Process Afresh: Orissa High Court
The Orissa High Court held that the reconstituted GSTAT (Central Goods and Services Tax Appellate Tribunal) selection committee has the authority to restart the entire appointment process. “…….Mere offering the candidature in a public employment does not create indefeasible or inchoate right into the appointment. Even a person, whose name is included in the select list,...
Trial Court Can Grant Specific Performance Even Without Separate Prayer For Declaration Of Termination Of Contract: Kerala High Court
The Kerala High Court has recently answered the question of whether a trial court can grant a decree of specific performance when it has not made a declaration that termination of agreement was not binding on the defendant in the suit.The Court has held that in suits for specific performance, if the defendant did not specifically terminate a sale agreement but went on to extend the time...
Customs Department Bound By DGFT's Classification Of Capital Goods Under EPCG Scheme: Madras High Court
The Madras High Court stated that customs department bound by DGFT's classification of capital goods under EPCG scheme (export promotion capital goods scheme). The Division Bench consists of Justices Anita Sumanth and N. Senthilkumar observed that “there is no justification in the Department having made the assessee litigate the issue needlessly despite the CBEC having...
Ad Tax Cannot Be Imposed On Educational Institutions For Putting Up Non-Commercial Signages On Their Property: Karnataka High Court
The Karnataka High Court has set aside an advertisement tax demand notice issued by the Bruhat Bengaluru Mahanagara Palike (BBMP) to an educational institution for displaying non-commercial signage and boards on its own property.Justice Sachin Shankar Magadum held thus while allowing the petition filed by BS Gupta, Secretary of Gupta Education Trust, who had challenged the legality/validity...
Gazette Notification Is Mandatory Under CCS Rules For Recognition Of Name Change To Claim Family Pension : Calcutta HC
A single judge bench of the Calcutta High Court comprising Justice Shampa Dutt (Paul) held that a Gazette notification is mandatory for recognition of a name change of a government employee or their family member for pensionary benefits. Further affidavits and newspaper publications alone are insufficient to meet this procedural requirement. Background Facts The petitioner's...
Husband Has 'Duty To Earn More' To Pay Maintenance To Wife, Children If He Is Unable To Afford: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that if the husband is not able to earn the maintenance amount, it is his duty to earn more to pay the maintenance amount to wife and children.The Court dismissed the husband's plea challenging the Family Court's maintenance order of ₹24,700 for his wife and two minor children, on the ground that he had other liabilities which made him unable...
Advocate-Client Relationship Is Contractual, Writ Petition For Recovery Of Fees Not Maintainable: Madhya Pradesh High Court
The Madhya Pradesh High Court, recently, dismissed a writ petition filed by an advocate under Article 226 of the Constitution, seeking directions for the clearance of his professional bills pending since 2017. The petitioner had appeared as counsel in various petitions on behalf of the State Agricultural Marketing Board and Mandi Samiti and claimed that despite repeated reminders, the respondents failed to release his payments, especially during the pandemic period. The bench of...
Dealer Importing & Selling Trademarked Goods Cannot Sue Authorised Distributor For Infringement: Delhi High Court
The Delhi High Court has made it clear that when a trader imports and sells goods bearing the trademark of another company, such trader cannot sue another authorized dealer of the trademark holder for infringement.Justice Amit Bansal observed, “Any person in India has the right to legally import goods from abroad bearing the trademarks of an entity and sell the same in India. Such sale...
Gujarat High Court Directs No Coercive Steps Against Congress Leader Booked For Alleged Objectionable Facebook Post On 'Operation Sindoor'
The Gujarat High Court directed the State not to take any coercive steps against Congress leader Rajesh Soni booked in an FIR for allegedly making a Facebook post which is stated to have questioned the "credibility of the Indian Army" during “Operation Sindoor”.The court however said that the investigation shall continue and directed Soni to co-operate with the same. The prosecution...