Will Can Be Proved By Establishing That Signatures Of Executant, Witness Are In Their Handwritings If Attesting Witness Is Dead: Kerala HC

The Kerala High Court has clarified the procedure to be followed for providing proof of execution of documents required by law to be attested, including wills. According to the Court, Section 68 of the Evidence Act lays down the mode to be followed. Section 69 provides an alternative procedure when Section 68 cannot be resorted to.The judgment was passed by a Division Bench comprising...

State Can't Take Over Assets Of Private Educational Institutions Without Compensation: HP High Court Awards ₹1.76 Crores to Sanatan Dharam Sabha

The Himachal Pradesh High Court has held that even if the State is allowed to take over privately managed educational institutions, it can't do so without compensating the management for the immovable and movable assets developed by the private management. Justice Satyen Vaidya Observed: “The Himachal Pradesh Government notification dated 25.8.1994 allowing the state to take over...

Guest Faculty Not Workman Under Industrial Disputes Act: Calcutta HC

Calcutta High Court: A single judge bench of the Calcutta High Court consisting of Justice Shampa Dutt (Paul) dismissed a challenge to an industrial tribunal's award. The court explained that a guest faculty who was paid honorariums for specific sessions, cannot claim the status of 'workman' under the Industrial Disputes Act, 1947. Background Hansraj Koley worked with UCO RSETI,...

Karnataka High Court Directs State To Frame Policy On Eligibility To Claim Remission For Good Behaviour, Participating In Prison Activities

The Karnataka High Court has directed the state government to frame necessary guidelines in order to bring clarity regarding eligibility for remission when claimed on the ground of good behaviour, discipline and participation in institutional activities, under Section 166 (1) (e) of the Prison Manual. Justice S Sunil Dutt Yadav said “In order to ensue consideration of remission under...

Delhi High Court Issues Notice To MCD On Contempt Plea Over Alleged 'Midnight' Demolitions Around Mangolpuri Masjid

The Delhi High Court on Wednesday (June 25) issued notice to the Municipal Corporation of Delhi on a contempt plea filed in wake of the body's recent demolition drive around a Masjid in city's Mangolpuri area.Justice Renu Bhatnagar asked the municipal authority to file its response within a week, after Petitioners— Mangolpuri Muhammadi Jama Masjid and Madarsa Anwarul Uloom...

Kerala High Court Initiates Suo Motu PIL To Inquire If Ex-CM VS Achuthanandan's Son Got IHRD's Directorship Due To Political Influence

The Kerala High Court on Friday (27th June) directed the Registry to register a suo motu case to look into whether Dr. V. A. Arun Kumar, who is the current Director of Institute of Human Resource Development (IHRD) got into the position due to his political connection. Dr. VA Arun Kumar is the son of former Chief Minister V. S. Achuthanandan. For context, Institute of Human Resources...

GST | Alleging Denial Of Hearing Insufficient If Assessee Itself Wasn't Diligent In Responding To SCN Or Attending Hearing: Delhi High Court

The Delhi High Court has refused to interfere with a demand order passed by the GST Department without hearing the assessee, after noting that the assessee itself was not diligent in responding to the show cause notice or attending the personal hearing despite notice.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed,“Considering the fact that (i) The...

Payment Of Gratuity Act; Controlling Authority Cannot Deny Interest On Delayed Gratuity: Calcutta HC

Calcutta High Court: A single judge bench of the Calcutta High Court consisting of Justice Shampa Dutt (Paul) directed the Food Corporation of India ('FCI') to pay the statutory interest on delayed gratuity to an employee. The court held that under Section 7(3A) of the Payment of Gratuity Act, 1972, the controlling authority has no discretion to deny interest on the delayed payment...

Assessment Based On DVO's Valuation Cannot Be Revised U/S 263 Of Income Tax Act In Absence Of Concrete Material: Kerala High Court

The Kerala High Court held that assessment based on DVO's (Department Valuation Officer) valuation cannot be revised under Section 263 of Income Tax Act in absence of concrete material. Justices A.K. Jayasankaran Nambiar and P.M. Manoj observed that “as on the date of invoking his power under Section 263 of the IT Act, the Commissioner could not have had a 'reason to believe' that...

High Court Asks Assam Govt To Inform On Status Of 2017 Guidelines Regulating Outdoor Advertising In Guwahati

The Gauhati High Court recently asked the Assam Government to file a status report with regard to the modified version of the 'Guwahati Outdoor Advertisement Policy Guidelines, 2017'.The division bench comprising the Chief Justice (Acting) Lanusungkum Jamir and Justice Manash Ranjan Pathak was hearing a PIL alleging that the State Government has not yet notified the final 'Guwahati...

Cross-Examination By Enquiry Officer For Clarifications From Witness Does Not Vitiate Enquiry Proceedings : Chhattisgarh HC

A Division bench of the Chhattisgarh High Court comprising of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru, held that an Enquiry Officer can do Cross-Examination and seek clarifications from witnesses during enquiry proceedings and it would not render the enquiry proceedings void. Background Facts The petitioner was working as Constable in the Chhattisgarh...

'Not In Best Interest Of Education': Kerala High Court Expresses Concern Over 12 Varsities Functioning Without Regular Vice-Chancellor

The Kerala High Court expressed concern over the fact that 12 out of 13 Universities in the State having the Governor as the Chancellor, are functioning without a regular Vice-Chancellor. The Court while saying that this might be due to the disagreement between the members of the Senate and the Chancellor, opined that this was not in the best interest of the higher education.A division bench...