Ought To Have Ensured Timely Filing Of Petition: Telangana HC Declines To Condone Over 5-Yr Delay By Judicial Officer In Challenging Dismissal

The Telangana High Court has dismissed a writ petition filed by a judicial officer (Junior Civil Judge) challenging her dismissal order that was issued in 2019. The petitioner had approached the court contending that although her dismissal order was passed in 2019, she could not approach the court at an earlier date due to her non-cooperative counsel. She also contended that...

How Are Individuals Being Declared 'Bhu Mafia' Sans Any Law Authorizing Such Action? Allahabad HC Asks UP Govt

In a significant order, the Allahabad High Court has directed the State government to justify declaring an individual as a 'Bhu Mafia' (land grabber) without there being any law authorizing such action. A bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh passed this order as it prima facie opined that the declaration of a person as a land grabber is likely to infringe...

Delhi High Court Quashes LOC Against Two Individuals Issued Over 2021 Toolkit Case

The Delhi High Court has quashed a look out circular issued against two individuals over the toolkit case registered by the Delhi Police in relation to the 2021 farmers' protest.Justice Sanjeev Narula quashed the LOC against Thilakasri Krupanand and Shantunu Muluk, noting that the investigation has been ongoing for nearly four years and yet no chargesheet was filed against them. “There is...

Corporation Is An Independent Entity, Internal Service Rules Will Prevail Over Govt Office Memoranda: J&K High Court

The Jammu and Kashmir High Court dismissed the writ Petition holding that Government office Memoranda will not prevail over the internal service rules relating to promotion unless these rules are specifically challenged before the court. It was held that an employee facing criminal charges would be barred from being considered for promotion until completely exonerated as per the said...

Trial Courts Must Dispatch All Physical Case Records Within 30 Days Of Receiving HC Communication: Calcutta High Court Frames Guidelines

The Calcutta High Court has laid down guidelines for trial courts to transmit case records after receiving orders from the High Court.A division bench of Justices Joymalya Bagchi and Subhendu Samanta stated that they had noticed a trend of trial courts delaying transmission of case records after receiving HC communication and that the same had led to a delay in the preparation of paper...

Govt Employee Not Disentitled From Claiming Compensation Due To Disablement: J&K High Court Upholds ₹10 Lakh Compensation For Man Who Lost Arm

The Jammu & Kashmir High Court has held that a government employee cannot be disentitled from his right to receive compensation accruing to him due to permanent disablement in the course of employment. It also held that pain, agony and the nature of disablement could be taken account of in order to determine the amount of the compensation falling due to the victim.The court observed that...

Close Proximity At Workplace Often Results In Sexual Relationships Which Get Reported As Crimes After Turning Sour: Delhi High Court

The Delhi High Court has said that close proximity at the workplace, many times, results in consensual sexual relationships which later get reported as crimes such as rape after they turn sour. “In the present times, many a times close proximity at workplace results in consensual relationships which on turning sour, get reported as crimes, making it pertinent to be conscious of the...

S.107 CGST Act Prescribes Independent Regime Of Limitation For Filing Appeals, Application Of S.5 Limitation Act Stands Excluded: Delhi HC

The Delhi High Court has held that since Section 107 of the Central Goods and Services Tax Act, 2017 prescribes an “independent regime” to determine the limitation period for filing statutory appeals, the provision for condonation of delay under Section 5 of the Limitation Act stands excluded.A division bench of Justices Yashwant Varma and Dharmesh Sharma observed, “The facility to...

MUDA Case: Karnataka High Court Extends Stay On ED Summons Issued To CM Siddaramaiah's Wife Parvathy, Minister Suresha

The Karnataka High Court on Monday extended its interim order staying the summons issued by Enforcement Directorate to Chief Minister Siddaramaiah's wife Parvathy and Minister B S Suresha, for their alleged involvement in the MUDA case, till February 20.A single judge Justice M Nagaprasanna directed the ED to file its objection in a week's time and posted the matter for further hearing...

No Unfettered Right To Cross-Examine Person Making Statements U/S 138(B) Customs Act: Delhi High Court

The Delhi High Court has made it clear that a person facing charges under the Customs Act, 1962 does not have an unfettered right under Section 138B, to cross-examine the informant or person making incriminatory statements.Section 138(B) of the Customs Act of 1962 deals with the admissibility of statements made during customs proceedings.A division bench of Justices Prathiba M. Singh and...

Consensual Nature Of Relationship Irrelevant For Prosecution Under POCSO Act: Delhi High Court

The Delhi High Court has observed that prima facie, the consensual nature of relationship between the accused and prosecutrix is irrelevant for prosecution under the POCSO Act. Rejecting the accused's plea that the relationship between him and the prosecutrix was consensual in nature, Justice Sanjeev Narula said:“This plea of consensual relationship is legally immaterial. Under the POCSO...

Gauhati High Court Directs PWD To Stop Construction Activities, Earth Filling In Fresh Water Lake Deepor Beel

The Gauhati High Court recently directed the Public Works Department (PWD) to file an affidavit to the effect that the earth filling and the other construction activities in the Deepor Beel area will be removed by the next date of hearing of a PIL on the issue.The division bench of the Chief Justice Vijay Bishnoi and Justice Suman Shyam was hearing a PIL regarding the protection of the...