Punjab Civil Service Rules | Specially Abled Daughter Can't Be Denied Family Pension Because She Got Married: High Court Imposes Cost

The Punjab & Haryana High Court has imposed a cost of Rs.25,000 on Union Territory of Chandigarh for mechanically rejecting a specially-abled daughter's claim for family pension.Justice Sanjeev Prakash Sharma and Justice H.S Grewal said, “We find that the approach adopted by the petitioners in denying family pension to a specially-abled daughter, who was unmarried at the time of...

BREAKING | Madras High Court Stays TN Amendment Taking Away Governor's Power To Appoint Vice Chancellors To State-Run Universities

The Madras High Court on Wednesday stayed the amendments brought in by the Tamil Nadu government, taking away the Governor's power to appoint Vice Chancellors to State-run Universities. The State amendments were made pursuant to the recent Supreme Court judgment defining the powers of the Governor. The vacation bench of Justice GR Swaminathan and Justice V Lakshminarayan passed the interim...

S.14 SARFAESI Act | Magistrate Can't Exercise Adjudicatory Powers In Proceedings To Take Possession Of Secured Asset: Kerala High Court

The Kerala High Court has reiterated that the Chief Judicial Magistrate (CJM) cannot exercise adjudicatory powers in the proceedings for securing assets under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) 2002. Section 14 of SARFAESI Act states that Chief Metropolitan Magistrate or District Magistrate is to...

Delhi High Court Closes PIL Seeking Special Benches To Adjudicate Quashing Pleas, Asks Lawyer To Give Suggestions On Administrative Side

The Delhi High Court on Wednesday closed a public interest litigation to constitute special designated benches to adjudicate quashing petitions on the basis of a settlement.A division bench comprising Chief Justice dk Upadhyaya and Justice Tushar Rao Gedela asked the lawyer Aditya Singh Deshwal to give the suggestions on the administrative side. “Let's discuss the basic principles of seeking...

Relief For Litigants As Allahabad High Court Suspends ₹500 Charge For Photo Identification, Permits Affidavits Sworn Before Any Public Notary

The Allahabad High Court has, as an interim measure, directed that the charge of Rs. 500/- towards photo identification by the Bar Associations is not to be realized from the litigants. Justice Pankaj Bhatia in his order said that it is high time that in the era where efforts are being made to "promote digital India, continuing with a regressive practice of the litigants traveling from far...

Common Names Like 'NEHA' Can Constitute Protected Trademark If It Acquires Inherent Distinctiveness Or Secondary Meaning: Delhi High Court

The Delhi High Court has made it clear that common Indian forenames like “NEHA” can constitute protected trademark, provided it acquires an 'inherent distinctiveness' by establishing a secondary meaning in trade.Justice Sanjeev Narula observed that marks comprising everyday/ common names or generic expressions do not, by themselves, command the highest level of legal protection. The...

Turkish Company Çelebi Opposes Centre's Move Furnishing Reasons For Revocation Of Its Security Clearance To Delhi High Court In 'Sealed Cover'

Turkey based company Celebi Airport Services Private Limited on Wednesday told the Delhi High Court that it was neither given any notice nor an opportunity of being heard regarding the Bureau of Civil Aviation Security (BCAS) decision to revoke its security clearance in the "interest of national security".Senior Advocate Mukul Rohatgi told Justice Sachin Datta that the Central Government...

Mandate Of MSME Council Not Automatically Terminated For Failure To Refer Dispute To Arbitration Within 90 Days: Delhi High Court

The Delhi High Court bench of Justice Manoj Kumar Ohri has held that the mandate of the MSME Facilitation Council to refer a dispute to arbitration under Section 18(3) of the Micro, Small and Medium Enterprises Development (MSMED) Act, following the failure of conciliation under Section 18(2), is not automatically terminated if the referral is not made within 90 days as prescribed...

'Very Disturbing': Allahabad HC On 'Minor' Spending A Year In Regular Jail As Trial Court Failed To Decide Juvenility Plea

The Allahabad High Court recently expressed its concern over a 16-year-old minor languishing in a regular jail alongside undertrial accused persons and convicts, due to the trial court's failure to decide his application claiming juvenility. A bench of Justice Subhash Vidyarthi observed that if the trial court ultimately concludes that the applicant is a juvenile in conflict with law,...

Rights Already Accrued Cannot Be Taken Away Through Subsequent Amendments Having No Retrospective Effect: MP HC

Madhya Pradesh High Court: A single judge bench of Justice Sanjay Dwivedi held that the Academic Grade Pay (AGP) benefits once granted, cannot be taken away by subsequent amendments that only have prospective effect. The court explained that the new AICTE (All India Council for Technical Education) Regulation, 2016, cannot be used to withdraw AGP benefits granted under the AICTE...

Karnataka High Court Acquits Newspaper's Editor In Defamation Case, Says Onus Was On Complainant To Show Before Whom His Image Was Lowered

The Karnataka High Court recently set aside the conviction order passed by the trial court against Addanada Kariappa, Editor of Kannada Weekly Newspaper Veeranadu, in a criminal defamation case.A single judge, Justice Rajesh Rai K by his order dated (April 8), acquitted the accused who was convicted by the trial court for offences punishable under Section 499, 500 of Indian Penal Code...

Govt Has Moral Responsibility To Ensure That Cheated Victims Get Back Their Money Under Protection Of Depositor's Act: Madras High Court

The Madras High Court recently highlighted the shortcomings of the Tamil Nadu Protection of Interests of Depositors (TNPID) Act and emphasised that the government has to take steps to evolve mechanisms to ensure that victims get their money back and that the object of the Act is achieved. Justice B Pugalendhi of the Madurai bench noted that even though the object of the Act was to...