High Courts
Statutory Limitations U/S 37 Of NDPS Act Limited To Merits, Not Humanitarian Grounds: J&K HC Permits Interim Bail To Elderly Man With Critical Medical Issues
Underlining the balance between the rigours of the NDPS Act and humanitarian concerns, the High Court of Jammu & Kashmir and Ladakh, Srinagar Wing, has granted temporary bail to a 71-year-old man suffering from serious health ailments. The Court held,“Provisions of Section 37 of the NDPS Act come into play only when bail of a person accused of an offence involving commercial quantity...
Calcutta High Court Upholds Quashing Of ₹7.29 Crore Penalty Imposed On Dissolved HUF
The Calcutta High Court has upheld the quashing of penalty proceedings initiated against a dissolved Hindu Joint Family.A division bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) upheld the ITAT order which had relied on a Supreme Court ruling to declare the penalty action void-ab-initio.The Top Court had in CIT vs. Maruti Suzuki India Limited held that notice...
MV Act | House Wife's Contribution Invaluable, Her Service Can't Be Taken As Minimum Tier Earning Of Unskilled Worker: Punjab & Haryana HC
The Punjab and Haryana High Court has said that house wife's value of service while calculating the compensation for Motor Vehicle Accident claim cannot be taken as minimum tier of earnings as that of unskilled worker.The Court highlighted that a housewife performs "numerous duties" while nurturing her home and taking care of husband and children, the value of her services, in any case, cannot...
PIL Flags 40% Judicial Vacancies In Delhi High Court, Seeks Expeditious Filling Of Posts
A public interest litigation has been filed before the Delhi High Court seeking expeditious filling of the judicial vacancies in the Court by elevating eligible District Judges and Advocates from the Bar.The PIL has been filed by lawyer Amit Sahni as petitioner in person. The Delhi High Court has a sanctioned strength of 60 judges. As per the plea, the Court is currently functioning with only...
Info Which Though Not In Possession But Can Be Accessed By Co-Operative Society Registrar Can Be Sought Under RTI: Kerala High Court
The Kerala High Court has said that information which can be accessed by the Registrar of the Co-operative Society is also an information which can be sought through a Right To Information (RTI) Application.The RTI applicant had sought from the Registrar of the Co-operative Society, details of the agreement entered into by the Co-operative Society and a Labour Contract Society and the copies...
Pay Cash Awards To Physically Challenged Athletes Who Participated, Won Medals At 2017 World Dwarf Games: Karnataka HC Directs State
The Karnataka High Court has directed the State Government to grant cash awards to physically challenged athletes who participated and won medals at the 7th World Dwarf Games conducted in August 2017. Justice M Nagaprasanna allowed the petition filed by C V Rajanna and others and directed, “Respondents to grant cash awards to the petitioners as claimed by them in terms of Government Order...
Court Must Intervene When Party Tries To Undervalue Substantive Relief Sought In Plaint For The Purpose Of Paying Court Fees: MP High Court
The Gwalior Bench of Madhya Pradesh High Court held that the valuation of suits must be based on the relief sought and the substance of the plaint and not merely on the words used in the plaint.In doing so, the Court said that where a plaintiff attempts to under-value a suit, the Court has to intervene to ascertain whether the relief sought has real money value.Referring to Subhash Chand Jain...
X Agrees To Provide Information Of Users Who Posted BJP Leader Shazia Ilmi's Video Withdrawing From India Today Debate
X Corp, formerly Twitter, on Thursday informed the Delhi High Court that it will provide basic subscriber information (BSI) of its users who uploaded the video of BJP leader Shazia Ilmi in which she is seen withdrawing herself from a live debate of India Today and moving out of the shooting frame.This was after the Court had ruled that the said portion of the video violated Ilmi's right...
Rajasthan HC Expresses Dissatisfaction With Police Reply On Curbing Online Sale Of E-Cigarettes, Orders DGP To Inform On Preventive Steps
While hearing a plea on the "menace" of online sale of e-cigarettes, the Rajasthan High Court expressed its dissatisfaction with the reply filed by the police and further directed the state's Director General of Police to inform through a detailed affidavit on the development and implementation of a preventive mechanism to curb such sale. The court also directed the officer-in-charge of PHQ...
Absolute Bar On Withdrawal Of Voluntary Retirement Once Accepted 'Unfair': Rajasthan HC Reads Down Provision In Civil Service Pension Rules
Reading down the proviso to Rule 50(4) of State Civil Services (Pension) Rules barring withdrawal from voluntary retirement once the application is accepted by the employer, the Rajasthan High Court said putting a complete embargo on an employee's choice to withdraw retirement plea even before it becomes effective renders the scheme suffering from manifest arbitrariness. It further held...
Once Input Tax Credit Is Wrongfully Availed Due To Fraud Or Suppression, State Officer Can Issue Notice Even Without Central Action: Patna HC
The Patna High Court has upheld a tax assessment order passed by the State GST Authority, clarifying that once a Proper Officer determines that input tax credit has been wrongfully availed or utilized due to fraud or suppression of facts, they are empowered to issue a notice under Section 74(1) of the CGST/BGST Act, 2017. A Division Bench comprising Justice Rajeev Ranjan Prasad and...
Mahua Moitra Moves Delhi High Court Against 'Defamatory' Social Media Posts By BJP MP Nishikant Dubey, Lawyer Jai Anant Dehadrai
Trinamool Congress leader Mahua Moitra on Thursday filed a fresh application before the Delhi High Court against allegedly defamatory social media posts made against her by BJP MP Nishikant Dubey and lawyer Jai Anant Dehadrai. Justice Manmeet Pritam Singh Arora heard the application today briefly.The application has been filed in the context of a quote tweet made by Dehadrai on X platform...