High Courts
'Preventive Detention Is A Double-Edged Sword': J&K High Court Quashes PSA Detention Against Advocate Muhammad Ashraf Bhat
The High Court of Jammu & Kashmir and Ladakh has quashed the Public Safety Act (PSA) detention of Advocate Muhammad Ashraf Bhat, who previously served as secretary of the erstwhile Kashmir Bar Association.A bench of Justice Rahul Bharti quashed the detention order after pointing to the serious nature of preventive detention laws being a double-edged sword that can deeply impact both those...
Winding Up Petitions Under Companies Act Not At Irreversible Stage, Should Be Transferred To NCLT For Revival Under IBC: Himachal Pradesh HC
The Himachal Pradesh High Court bench of Justices Tarlok Singh Chauhan and Sushil Kukreja has held that unless the corporate debtor's demise is inevitable or the winding-up proceedings under the Companies Act have reached an irreversible stage making revival impossible, every effort must be made to revive the company. Accordingly, all such winding-up petitions should be transferred...
Relief To Lok Sabha Speaker Om Birla's Daughter: Delhi HC Directs Google, X To Remove 'Defamatory' Posts Doubting Her UPSC Qualification
The Delhi High Court on Tuesday closed the defamation suit filed by IRPS Officer and Lok Sabha Speaker Om Birla's daughter, Anjali Birla, against social media posts alleging that she cleared UPSC exam in her first attempt by indulging in corrupt practices and misusing her father's position.Justice Jyoti Singh decreed Birla's suit filed against X, formerly Twitter, Google and John Doe...
Family Pension Rules Must Be Interpreted Liberally For Disabled Dependents: J&K High Court
Underscoring the importance of social welfare and inclusive interpretation of pension rules, the Jammu and Kashmir and Ladakh High Court has ruled that provisions governing family pension for disabled persons must be interpreted liberally to ensure genuine claimants are not excluded.“The provisions governing the grant of family pension to a disabled person cannot be interpreted in a...
CIC Appointed Prior To 2019 RTI Amendment Act Entitled To Pensionary Benefits Equivalent To Retired Supreme Court Judge: Kerala High Court
The Kerala High Court quashed State Government's letter to the former State Chief Information Commissioner (SCIC) informing him that he cannot be given pensionary benefits equivalent to a retired Supreme Court Judge.The Principal Secretary had informed the former SCIC that the State was not in a position to consider the Chief Information Commissioner at par with the retired Supreme Court...
GST | Delhi HC Rebukes Trend Of Persons Who Wrongfully Avail ITC By Invoking Writ Jurisdiction; Imposes ₹1 Lakh Cost
The Delhi High Court has criticized the “pattern” of persons, who either availed fraudulent Input Tax Credit or enabled the availment of fraudulent ITC, invoking Court's writ jurisdiction to challenge orders imposing penalty under Section 74 of the Central Goods and Services Act 2017, on technical grounds.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta...
Gujarat High Court Permits Termination Of Minor Rape Survivor's 33-Week Pregnancy, Says She Has A Long Life Before Her
The Gujarat High Court on Monday (May 12) directed the medical termination of a minor rape survivor's 33-week pregnancy, ordering the authorities to carry out the procedure at the earliest after obtaining "express consent" of the parents and explaining the risks to them in the language they understand. Justice Nirzar S Desai passed the order after examining a report submitted by senior...
Guardian & Wards Act | Child's 'Ordinary Residence' For Court's Jurisdiction Need Not Be Permanent Residence, It's A Question Of Fact: P&H HC
The Punjab & Haryana High Court has made it clear that for determining Court's jurisdiction "ordinarily resident" of child need not be permanent or or uninterrupted residence.According to Section 9 of the Guardians And Wards Act, if the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court having jurisdiction in the place where...
Patna High Court Weekly Roundup: May 05 - 11, 2025
Citations: 2025 LiveLaw (Pat) 46 To 2025 LiveLaw (Pat) 51NOMINAL INDEXAvanish Kumar Singh v. The State of Bihar & Ors. 2025 LiveLaw (Pat) 46 CTS Industries Limited vs. Directorate General of GST Intelligence 2025 LiveLaw (Pat) 47 Dr. Mamta Sinha vs. The State of Bihar & Anr. 2025 LiveLaw (Pat) 48 Siddartha Travels v. Principal Commissioner of CGST and Central Excise & Ors....
Right To Education Act | Diploma Or Bachelor's In Elementary Education Essential For Junior Teacher Post: Punjab & Haryana HC
The Punjab & Haryana High Court has said that the essential qualification for the post of Junior Basic Teacher (JBT) should be in conformity with the Right To Education Act (RTE) and the National Council for Teacher Education (NCTE) which is either Diploma in Elementary Education or Bachelor in Elementary Education. The Court was hearing a plea filed by the Chandigarh...
[NDPS Act] Default Bail Can't Be Granted Upon Timely Filing Of Chargesheet, Even If Not Accompanied With Chemical Report: Calcutta High Court
The Calcutta High Court bench of Justices Debangsu Basak and Md. Shabbar Rashidi has held that the right to default bail is defeated once a chargesheet is filed within the statutory time period. Even if the chargesheet is not accompanied by a Chemical Examination Report, it cannot be deemed incomplete provided the evidence collected during the investigation is sufficient to proceed against the accused. A charge sheet without the Chemical Examination Report filed within time is nonetheless a...
When Assessee-Company Can Prove Genuineness Of Transaction, Delhi HC's 'NR Portfolio' Judgment Not Applicable: Calcutta HC
The Calcutta High Court has made it clear that the Delhi High Court decisions in NR Portfolio and Navodaya Castles will hold no value where an assessee-company establishes the identity of its shares subscribers, creditworthiness of the share subscribers and genuineness of the transactions.In CIT v. NR Portfolio Private Limited (2014) and in CITA v. Navodaya Castles Private Limited (2014),...