Composite Reference To Arbitration Can Be Made For Acceptance Of Offer At Consolidated Price Across Different Locations: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that the very acceptance of an offer at a consolidated price for works to be executed at different locations proves that the work orders issued were treated as part of a single transaction by the parties through their conduct therefore under such circumstances a composite reference of all work orders can be...

POCSO Act | Court Must Corroborate Victim's Testimony If Found To Be Unreliable: Gauhati High Court

The Gauhati High Court recently set aside a conviction under Section 10 of the POCSO Act passed by the Trial Court on the ground that the victim's evidence was not found to be of sterling quality and was utilised without corroboration. The single judge bench of Justice Mridul Kumar Kalita observed:“This Court is of considered opinion that once it is found that the prosecutrix has not...

CGST Act | Right To Cross-Examine Is Not An Unfettered Right At SCN Stage, Party Must Specify Reasons: Delhi High Court

While dealing with a case under the Central Goods & Services Tax Act 2017, the Delhi High Court has held that though cross-examination can be granted in certain proceedings if it is deemed appropriate, the right to cross-examine cannot be an unfettered right.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta observed,“The rationale behind setting aside an...

[MACT] Salary Of Son Appointed On Compassionate Grounds Can't Be Taken As Salary Of Deceased For Determining Compensation: Allahabad HC

The Allahabad High Court has held that the salary of a son who has been appointed on compassionate grounds after father's demise in a road accident cannot be taken as salary of the deceased for determining compensation under the Motor Vehicles Act, 1988.Claimants' husband/ father was getting off from a bus when his leg got stuck. The bus started without noticing that his leg was stuck and as...

Madras High Court Weekly Round-Up: April 21 - April 27, 2025

Citations: 2025 LiveLaw (Mad) 144 To 2025 LiveLaw (Mad) 155 NOMINAL INDEX Ganesan Prabhu v. M/s. Dhanabakkiam Enterprises and Others, 2025 LiveLaw (Mad) 144Jaffer Sadiq v. The Assistant Director, 2025 LiveLaw (Mad) 145J Vijayakumar v. State, 2025 LiveLaw (Mad) 146Tamil Nadu State Marketing Corporation Ltd TASMAC v. Directorate of Enforcement, 2025 LiveLaw (Mad) 147V Kanagaraj v....

'Ensures Meritorious Students Get Admission': MP High Court Upholds Vires Of CM's Public Welfare Education Encouragement Scheme

The Madhya Pradesh High Court has upheld the constitutional validity of Mukhya Mantri Jankalyan Shiksha Protsahan Yojana (Chief Minister's Public Welfare Education Encouragement Scheme) which provides financial assistance to meritorious students domiciled in Madhya Pradesh to take admission in Government or Private institutions in Madhya Pradesh.Referring to Supreme Court's decision in TMA...

Protection Of Judges' Tenure Part Of Independence Of Judiciary: Allahabad HC Rejects PIL Against Justice Yashwant Varma's Transfer

The Allahabad High Court has rejected a Public Interest Litigation (PIL) plea challenging the recent transfer of Justice Yashwant Varma from the Delhi High Court to the Allahabad High Court. A bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I observed that the transfer, administration of oath, and functioning of a judge are the concomitants of...

Income Alleged To Have Escaped Assessment In Different Years Can't Be Consolidated To Meet ₹50 Lakh Threshold U/S 149 Of Income Tax Act: Delhi HC

The Delhi High Court has held that an Assessing Officer cannot add income that allegedly escaped assessment in different previous years, to meet the threshold of ₹50 lakh prescribed under Section 149(1)(b) of the Income Tax Act 1961 for initiating reassessment action after lapse of three years.The provision bars issuance of reassessment notice under section 148 if three years have elapsed...

Police Uniform Not A License To Assault Innocent Citizens; No Protection U/S 197 CrPC For Acts Beyond Official Duty: Allahabad HC

Refusing relief to 4 Uttar Pradesh police officials accused of abusing, assaulting, and unlawfully confining a doctor and his companions at a police post, the Allahabad High Court recently observed that acts falling outside the scope of a public servant's official duties do not require prior sanction for prosecution under Section 197 of the CrPC. “Merely because the applicants...

No One Should Harbour Misconception That They Can Undermine Or Outrage Court's Dignity: Allahabad HC Slams Fatehpur DM

In a strongly worded order, the Allahabad High Court recently slammed the District Magistrate of Fatehpur for filing an affidavit which, in the Court's view, subtly implied that he held the power to 'uphold', 'undermine' or 'outrage' the 'dignity' of the judiciary. A Bench of Justice JJ Munir took exception to the DM's assurance in his affidavit that the "dignity of the Court will always...

No Work No Pay Principle Inapplicable When Employee Is Kept Away Due to Employer's Act: J&K High Court

Reiterating a significant principle of employment law, the High Court of Jammu and Kashmir and Ladakh held that the doctrine of "no work no pay" cannot be pressed into service when an employee is kept away from work by the act or omission of the employer.A Division Bench comprising Justice Rajnesh Oswal and Justice Mohammad Yousuf Wani observed that in such circumstances, employees cannot...

Delhi HC Expresses Concern Over “Harrowing Experience” Of Widow Seeking Refund Of Balance In Electronic Cash Ledger Of Deceased Husband's Firm

The Delhi High Court recently recorded the “harrowing experience” that a widow had to go through for obtaining a refund from the GST Department.The GST registration of the firm owned by her now deceased husband was cancelled in view of his death. However, his widow sought a refund of ₹10,45,793/- balance in the electronic cash ledger of the firm.The said application was rejected by...