Authorities Should Not Insist On Strict Evidence For Issuing Birth Certificate, Must Adopt Lenient Approach: Kerala High Court

The Kerala High Court recently observed that authorities should take a lenient approach while issuing birth certificate and not insist on strict evidence. In doing so the court quashed a letter issued by the Secretary Mayyanad Grama Panchayat to the parents of a child, rejecting their application for issuance of birth certificate on the ground that an inquiry revealed that no evidence was...

Recovery Of Excess Pension Due To Administrative Error Cannot Be Enforced Against Elderly Pensioners Or Widows: J&KHigh Court

Giving relief to an elderly woman pensioner in whose account an excess amount of pension was credited, the Jammu and Kashmir High Court held that if, due to an administrative error, an excess amount is credited to the accounts of elderly pensioners or widows which is withdrawn, the same cannot be recovered.The court noted that the appellant is an elderly lady, 77 years of age, and a...

Assessees Claim For ITC Cannot Be Denied For Being Disadvantageous To State Exchequer: Karnataka HC Clarifies Principles On Input Tax Credit Claims

The Karnataka High Court while laying down vital guidelines on Input Tax Credit stated that if the Assessee during the course of reassessment proceedings makes a claim for Input Tax Credit, the same cannot be disallowed only on the ground that the claim of the Assessee is disadvantageous to the State Exchequer. The Division Bench of Justices Krishna S Dixit and G....

Delhi HC Flags CBI's Contradictory Approach, Highlights Difference Between Notice To Witness U/S 160 CrPC And Notice To Accused U/S 41A CrPC

While granting anticipatory bail to an individual accused of cheating and cyber fraud, the Delhi High Court observed that if the arrest of a person accused of a cognisable offence punishable for less than seven years is not required, the investigating agency has to issue a notice under Section 41A CrPC before the proceedings with the arrest.Justice Vikas Mahajan observed “The law is clear...

Orissa HC Grants Bail To Couple Accused Of Impersonating PM Modi's Principal Secretary's Relatives To Exert Undue Influence

The Orissa High Court on Monday granted bail to a couple accused of impersonating the daughter and son-in-law of Pramod Kumar Mishra, Principal Secretary to Narendra Modi, Prime Minister of India, for creating undue influence and exerting pressure on senior officials for different fraudulent purposes.While granting the conditional bail to the duo, the Single Bench of Justice Radha...

Illegal Termination, Daily Wage Workers Entitled To Reinstatement With 50% Back Wages : MP HC

Madhya Pradesh High Court: A single judge bench of Justice Vishal Mishra upheld a Labour Court's award that reinstated a daily wage worker with 50% back wages, after finding his termination violated the Industrial Disputes Act (ID Act). The court rejected the State's contention that reinstatement should not be granted as a routine remedy. It affirmed that when services are...

Madras High Court Rejects NTK Chief Seeman's Plea To Club All FIRs Over His Alleged Comments On Periyar, Says Plea Seeks Omnibus Relief

The Madras High Court has dismissed a plea seeking to club all FIRs registered against Naam Tamilar Katchi party chief Seeman for his alleged comments against Periyar. Justice GK Ilanthiraiyan dismissed the plea after observing that the plea sought an omnibus relief without mentioning the details of the FIRs registered against Seeman, without impleading the police stations where the...

Tendering Authority Is Best Judge To Decide T&C Of Tender, Judicial Interference Permissible Only When Terms Are Arbitrary: Calcutta HC

The Calcutta High Court bench of Chief Justice T.S. Sivagnanam and Justice Chaitali Chatterjee (Das) has held that tender issuing authority is the best judge to decide terms and conditions of a tender. Such terms and conditions cannot be tinkered with by the Judicial Authority unless they are found to be arbitrary or whimsical. Brief Facts: A writ petition was filed by...

Rajasthan HC Suggests Constitution Of Expert Panel To Examine Retired Govt Employees Grievance On Restoration Of Full Pension Under Rules

The Rajasthan High Court has suggested to the State to set up an expert committee to examine grievances raised by retired government employees claiming that the 14-year period after which full pension is to be restored under the Rajasthan Civil Services (Commutation of Pension) Rules was leading to financial loss and needs reworking.The petitioners claimed that full pension is restored after...

Karnataka HC Reprieve To Teacher Booked For Beating 6th Grader With Stick, Says No Proof Punishment Exceeded Child's Capacity To Endure

The Karnataka High Court has quashed the criminal proceedings launched against a Physical Education teacher accused of beating a 6th grade school student with a stick, over alleged disobedience.While doing so Justice Hemant Chandangoudar cited Kerala High Court's decision in Rajan @ Raju v. Sub-Inspector of Police (Crl. MC. No. 237/2018), where it was held that parents are presumed to have...

Delhi High Court Refuses To Stay Trial Of BJP Leader Kapil Mishra In 2020 FIR For Alleged Communal Tweets

The Delhi High Court on Tuesday refused to stay trial court proceedings against BJP Minister Kapil Mishra in relation to an FIR filed against him in 2020 over his tweets that the AAP and Congress parties had created a “mini Pakistan” at Shaheen Bagh and that the then Assembly polls would be a contest between “India and Pakistan”.Justice Ravinder Dudeja refused to stay trial...

Kasargod Teen's Death: Kerala HC Asks If Murder Angle Was Probed, Proposes To Issue Guidelines For Investigating Missing Minor Girls Cases

The Kerala High Court on Tuesday (March 18) orally enquired whether the possibility of murder has been considered in the disappearance and death of the 15-year old girl child from Kasargod.While dealing with the mother's habeas corpus plea alleging police inaction in the matter, a Division Bench of Justice Devan Ramachandran and Justice M. B. Snehalatha orally observed: “This is not a...