Changing Rules Midway Vitiates Recruitment, Mere Participation Of Candidates Does Not Create Estoppel & Cure Illegality: J&K&L High Court

Reaffirming a fundamental principle of public employment law, the High Court of Jammu & Kashmir and Ladakh has held that a recruitment process stands vitiated ab initio if the selecting authority alters or expands eligibility criteria midstream or applies un-notified qualifications, and mere participation of candidates does not create estoppel nor cure such illegality. The Court ruled...

Land Acquisition Award Can Be Executed Through Multiple Petitions Till Full Realisation; S.38 CPC Not Applicable: Calcutta High Court

The Calcutta High Court has held that a land acquisition award, which is treated as a decree by legal fiction, can be executed through multiple execution petitions until the entire decretal amount is realised, and that such execution proceedings are not barred by Section 38 of the Code of Civil Procedure since the award is not a decree actually passed by a civil court.A Division Bench...

Mandatory Veg/ Non-Veg Labelling On Toothpastes Under Review: Delhi High Court Seeks Joint Decision By Regulatory Authorities

The Delhi High Court is examining whether the requirement of mandatory vegetarian/ non-vegetarian labelling through red, brown or green dots on toothpaste and other toiletry packaging can be enforced under existing law, amid conflicting positions taken by regulatory authorities.The issue has arisen in a writ petition filed by Reckitt Benckiser (India) Limited, which manufactures toothpaste,...

Chartered Accountants, Company Secretaries Can't Appear Before Tribunals: BCI, Tax Lawyers Association Tell Delhi High Court

The Delhi High Court is hearing a batch of writ petitions raising a significant question whether persons who are not enrolled advocates, including Chartered Accountants (CAs), Company Secretaries (CSs) and Cost Accountants, can appear and argue cases before tribunals.The issue has been raised in petitions filed by the Bar Council of India and the Association of Tax Lawyers, which contend that...

Rajasthan HC Acting CJ Orders Action Against 8 Judicial Officers After Finding Them Absent During Surprise Inspection At District Court

In a significant administrative action, the Acting Chief Justice of the Rajasthan High Court, Acting Chief Justice Sanjeev Prakash Sharma, conducted a surprise inspection of the District Court at Jodhpur today and found eight judicial officers—including the District & Sessions Judge—absent from the dais during court hours in the morning.During the inspection, several courtrooms were...

Right To Travel Not Absolute In Economic Offences: Calcutta High Court Declines Relief To Ex-Pharma Employee In ₹1300 Crore SFIO Probe

Refusing to interfere with a Look Out Circular (LOC) issued in connection with a large-scale corporate fraud investigation, the Calcutta High Court held that when an individual has permanently settled abroad, failed to respond to summons and there exists a real apprehension of evasion of prosecution, the investigating agency is justified in preventing departure from India. The Court observed...

Accusing Wife Of Extramarital Affair Is Mental Cruelty, Ground To Live Apart: Karnataka High Court Denies Divorce To Husband Claiming Desertion

The Karnataka High Court has upheld an order denying divorce to a husband claiming desertion, observing that mere accusation of the wife having an extra-marital affair amounts to mental cruelty and would be a cogent reason for her to live apart. The court was hearing the husband's appeal challenging a family court order dismissing his plea for divorce under Section 13(1(b) of Hindu Marriage...

ESZ Constructions & Quarrying: Kerala High Court Directs Centre, State To Disclose Action On Gadgil & Kasthurirangan Committee Recommendations

The Kerala High Court has recently (12 February) directed the Union and the State Government to disclose the steps taken by them pursuant to the recommendations of the Gadgil Committee Report and or the Kasthurirangan Committee Report.For context, the Gadgil Committee Report is the report submitted in 2011 by the Western Ghats Ecology Expert Panel (WGEEP) which was appointed by the Ministry...

Contractual Loan Dispute Over Alleged Excess Charges Not Cheating Or Breach Of Trust: Calcutta High Court Quashes Case

Observing that a dispute arising out of foreclosure charges and alleged excess recovery under a loan agreement is essentially contractual in nature and cannot be converted into a criminal prosecution for cheating or criminal breach of trust, the Calcutta High Court has quashed criminal proceedings initiated against Tata Capital Finance Ltd. and its officials. The Court held that even an...

Shocking That Ancient Temple Structures Are Let Out For Rent By HR&CE Unmindful Of Their Responsibility: Madras High Court

The Madras High Court has expressed shock over ancient temple properties being let out on rent by officials of the Hindu Religious and Charitable Department without taking steps to protect the structure. Noting that the Joint Commissioner of the HR & CE was involved in the exploiting of the temple property for financial gain, the bench of Justice G Jayachandran and...

Employer Can't Reject Resignation Citing Financial Constraint, Forcing Employee To Continue Amounts To Bonded Labour: Kerala High Court

The Kerala High Court has held that an employer cannot refuse to accept an employee's resignation citing financial constraint and that compelling an employee to continue in service against his will would amount to bonded labour prohibited under Article 23 of the Constitution.Justice N Nagareesh delivered the judgment in two writ petitions filed by the Company Secretary of Traco Cable...

Rahul Gandhi Had No Nexus With Alleged Defamatory Publication: Karnataka High Court While Quashing BJP's Defamation Case

The Karnataka High Court on Tuesday (February 17) quashed proceedings against Congress leader Rahul Gandhi in a criminal defamation case filed by State BJP over an alleged defamatory advertisement and related social media posts, holding that the party was not the aggrieved person. In doing so the court further held that except for the use of his photo, Gandhi had no nexus with the...