Recovery Of Excess Amount Can't Be Permitted If Officer Is Not At Fault: Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed that if an Officer was granted training allowance for the period he was not working as an Instructor, recovery for an excess amount at a later stage could not be permitted as it was undeniably not his fault. The Bench held that any amount recovered from the Petitioner should be refunded...

'Only Conversant With Urdu': Bombay HC Quashes Detention Order Over Non-Supply Of Translated Documents To Detenue

The Bombay High Court recently quashed a detention order of a man after noting the fact that the detaining authority did not serve all the documents pertaining to his detention in 'Urdu' - the language he was only conversant with.A division bench of Justices Sarang Kotwal and Shriram Modak noted that the detenue - Shahabaz Ahmed Mohammad Yusuf @ Commando was only conversant with Urdu...

Delhi High Court Grants Relief To BharatPe, Restrains Use Of 'Bharatpay' Mark And Website

The Delhi High Court has recently granted relief to fintech company “BharatPe” and restrained the use of “Bharatpay” mark as well as the domain name used for payment of utility bills, data recharge services, insurance and financial services. Justice Amit Bansal observed that Bharatpay mark was phonetically identical with, and visually, structurally and conceptually similar to,...

Delhi High Court Upholds Rule Prohibiting Retired Judges Of Other States From Applying For Senior Advocate Designation

The Delhi High Court has upheld the constitutional validity of the rule prohibiting retired judges of other States to apply for senior advocate designation in Delhi. A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela upheld the validity of Rule 9B of the High Court of Delhi Designation of Senior Advocate Rules, 2024.As per the Rule, Retired...

SC Collegium Recommends Transfer Of Justice Dinesh Kumar Sharma From Delhi HC To Calcutta HC

The Supreme Court Collegium today recommended the transfer of Justice Dinesh Kumar Sharma, from Delhi High Court to Calcutta High Court.Justice Sharma was elevated from the Delhi Higher Judicial Service to the Delhi High Court in February...

“Can Number Of Autos, Taxis Be Limited?”: Bombay HC Asks State's Transport Commissioner To Decide Challenge Against Open Licensing Policy

The Bombay High Court recently ordered Maharashtra's Transport Commissioner to decide whether the 'open licensing policy' for autorickshaws and taxis–which has been questioned by an autorickshaw union–can be stopped so as to limit the number of autos and taxis in the State. The bench was hearing a petition filed by Pune-based Sawkash Authorickshaw Union, which contended that because of...

Addl Commissioner Of Police Not Subordinate To Addl DM, Can't Possess Or Delegate Power To Possess Assets U/S 14(1-A) Of SARFAESI Act: Allahabad HC

The Allahabad High Court has held that Additional Commissioner of Police is not subordinate to Additional District Magistrate and cannot be delegated the authority to possess or further delegate power to possess assets under Section 14(1-A) of the Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002.Perusing Sections 14(1) and 14(1-A),...

Statutory Obligation To Pay Transit Rent To Displaced Slum Dwellers Even If Developer Undergoes Insolvency Proceedings: Bombay High Court

In a significant ruling, particularly for slum dwellers and also developers, the Bombay High Court recently held that it is the 'statutory obligation' of the developer to pay the transit rent to slum dwellers, who await rehabilitation of their homes.Single-judge Justice Amit Borkar upheld the termination of a developer, who was initially engaged for a rehabilitation scheme of a slum in...

Relief Can't Be Denied Because Authorities Filled Post Despite Pendency Of Plea: P&H HC Directs Appointment Of Constable Wrongly Disqualified In Medical

The Punjab and Haryana High Court has said that relief cannot be denied to a candidate who was unjustly disqualified for Constable post on medical grounds merely because the State authorities filled the position during the pendency of the plea.Justice Sanjeev Prakash Sharma and Justice Meenakshi I. Mehta said, "relief cannot be denied to the appellant merely because the respondents have chosen...

Jurisdictional Assessing Officer Lacks Jurisdiction To Issue Reassessment Notices U/S 148 Of Income Tax Act: Rajasthan High Court

The Rajasthan High Court stated that the Jurisdictional Assessing Officer (JAO) lacks jurisdiction to issue income tax reassessment notices under section 148 of the Income Tax Act, 1961. The Bench of Justice Pushpendra Singh Bhati and Munnuri Laxman observed that “the JAO shall not have the jurisdiction to issue notices under Section 148 of the Act of 1961, as it would not only...

State Cannot Retain Deposits When At Fault: Jharkhand High Court Permits Bidders To Seek Refunds Over Delayed Environmental Clearance

The Jharkhand High Court has held that where cancellation of a government auction is caused by the State's own delay in issuing mandatory environmental clearance, the bidder is entitled to seek refund of the earnest money and security deposit. The ruling affirms that no financial burden can be imposed on a party when the fault lies with administrative authorities and not the bidder.The...

Assessing Police's Performance Based On Targets Achieved In Anti-Drug Drive Will Create Barbaric Situation, Innocents Can Be Made Scapegoats: P&H HC

The Punjab & Haryana High Court has raised concern on the possible misuse of Punjab Police power in anti-drugs drive started off late in Punjab, wherein all SSPs and SHOs will be given quantified targets and based on that, their performance will be assessed.Justice Sandeep Moudgil observed, "As far as the present scenario of Punjab is concerned, the Anti-drug drive is a welcoming step...