Pension Is Not Charity, Mentally Disabled Dependents Of Govt Servants Can Be Given Pension Without Income Certificate: Madras High Court

The Madras High Court has stressed that pension is a matter of right and not charity and the authorities should exhibit alacrity while disbursing pension for the benefit of mentally disabled persons. The bench of Justice GR Swaminathan and Justice K Rajasekar observed that pension should be seen as a facet of Article 21 of the Constitution, and effort must be taken to...

Karnataka High Court Grants Relief To BJP Leader Ananth Kumar Hegde Booked For Assault In Alleged Road Rage Case

The Karnataka High Court on Thursday (June 26) in an interim order directed the police not to take any coercive action against former BJP MP Ananth Kumar Hegde, who has been booked by the police in an alleged case of road rage. Justice S R Krishna Kumar passed the interim order on a petition filed by Hegde seeking to quash the FIR registered against him under sections 126(2), 117(2), 74,...

Revenue Authorities Can Decide Cases On Merits While Exercising Transfer Powers U/S 10 Of Land Revenue Act: J&K High Court

Reiterating the wide discretionary powers conferred upon senior revenue authorities under Section 10 of the Jammu and Kashmir Land Revenue Act, the High Court of Jammu and Kashmir and Ladakh has ruled that officers such as the Collector, Divisional Commissioner, and Financial Commissioner are legally empowered to decide matters on merits while exercising their authority to withdraw and...

Live-In Relationship Concept Goes Against Indian Middle-Class Values: Allahabad High Court

While granting bail to a man accused of sexually exploiting a woman on the false promise of marriage, the Allahabad High Court recently remarked that the concept of live-in relationships is against the “settled law in the Indian Middle Class Society”. A bench of Justice Siddharth also expressed displeasure at the growing number of such cases reaching the courts. The...

[SARFAESI Act] Incumbent Upon Borrower To Proactively Approach Lender To Avail Benefits Of Revival Or Restructuring: Bombay High Court

The Bombay High Court dismissed a writ petition filed by Manoj Lalwani, Director of Ritu Automobiles Pvt. Ltd., challenging HDFC Bank's recovery proceedings under the SARFAESI Act, terming the plea as an "attempt to stall the auction" of secured assets.The division bench of Justices M.S. Karnik and N.R. Borkar found that the petitioner had no locus to file the petition, as the company was...

Taxpayers Must Be Vigilant About Communications On GST Portal, Department Can't Be Blamed: Delhi High Court

The Delhi High Court has made it clear that if an assessee fails to respond to a show cause notice duly communicated to it on the GST portal, the Department cannot be blamed for passing an order raising demand, without hearing the assessee.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed,“Since the Petitioner has not been diligent in checking the portal, no...

Assessee Cannot Be Penalised U/S 271(1)(c) Of Income Tax Act For Merely Raising A Plausible Claim: Bombay High Court

The Bombay High Court stated that the assessee cannot be penalised under Section 271(1) (c) of income tax act for merely raising a plausible claim. The Division Bench consists of Chief Justice Alok Aradhe and Justice Sandeep V. Marne opined that “the claim raised by the Assessee for claiming deduction in respect of the crystalised liability towards additional bonus was a...

Three Bombay High Court Judges Recuse From Hearing HDFC CEO's Plea For Quashing FIR Lodged By Lilavati Hospital

In an interesting turn of events, at least 03 judges of the Bombay High Court have from last one week, have recused from hearing the petition filed by Sashidhar Jagdishan, the CEO of HDFC Bank, who has sought to quash an FIR lodged against him at the behest of Lilavati Kirtilal Mehta Medical Trust.Notably, the complainant Trust runs the famous Lilavati Hospital in Mumbai. In its FIR, the...

'Can't Curtail Free Speech': Madras High Court Rejects Plea To Ban Film Reviews For First 3 Days After Release

The Madras High Court has dismissed a plea filed by the Tamil Film Active Producers Association (TFAPA) seeking to prevent online reviews of movies within the first three days of release. Justice Anand Venkatesh dismissed the plea, stating that such a relief was unsustainable and could not be granted by the courts. The court observed that such a relief, if granted, would...

S.187(3) BNSS | Chargesheet Filed Without Obtaining Sanction To Prosecute Under Arms Act Not Incomplete, No Default Bail: Delhi High Court

The Delhi High Court has made it clear that an accused under the Arms Act, 1959 cannot seek default bail under Section 187(3) of the Bhartiya Nagarika Suraksha Sanhita, 2023 merely on the ground that the chargesheet filed against him in terms of Section 193(3) BNSS, lacks the sanction to prosecute.Sanction under Section 39 of the Arms Act is mandatory to prosecute a person for offences...

[Service Law] Ex-Parte Inquiry Does Not Justify Returning Findings Without Evidence: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that conducting an ex parte inquiry does not grant the Inquiry Officer the freedom to return findings against an employee without any evidence.Justice Vivek Singh Thakur & Justice Ranjan Sharma: “Ex Parte Inquiry does not mean that Inquiry Officer is free to return findings in favour of Department but against the employee without any evidence...

Restoration Of Cancelled GST Registration Permissible If Taxpayer Clears Dues And Files Returns: Gauhati High Court

The Gauhati High Court stated that the restoration of cancelled GST registration is permissible if the taxpayer clears dues and files returns. The Bench of Justice Sanjay Kumar Medhi observed that “proviso to sub-rule (4) of Rule 22 of the CGST Rules 2017 provides that if a person, who has been served with a show cause notice under Section 29(2)(c) of the CGST Act, 2017, is ready...