High Courts
Bombay High Court Denies Anticipatory Bail To Bank Employee Who Was Booked For Fraud Of ₹46.58 Lakhs Even After She Returned Amount
The Bombay High Court last week denied anticipatory bail application of a woman employee of cooperative bank, who was booked for siphoning off Rs 46.58 lakhs money off the bank's customers, even after she returned the defrauded amount to the bank.Single-judge Justice Rajesh Patil refused to consider the fact that the applicant before him was a. woman and had already returned the Rs 46.58 lakhs...
Daughter-In-Law Integral Part Of Family, Entitled To Compassionate Appointment: Andhra Pradesh High Court
The Andhra Pradesh High Court has ruled that a daughter-in-law is an integral part of the family and is entitled to appointment on compassionate grounds. The Court further noted that while the government recognises a son or daughter of the deceased government employee for compassionate appointment, the daughter-in-law, despite not being traditionally classified as family, should also be...
Attempt By Mighty State To Curtail Personal Freedom: MP High Court Quashes Collector's 'Cryptic' Externment Order Against Woman, Fines ₹25K
Quashing a Collector's externment order prohibiting a woman from entering the boundaries of district Umariya and other neighbouring districts for a year, the Madhya Pradesh High Court termed it as "cryptic" observing that it appeared to have been passed due to "other compulsions" rather than the requirements of law. In doing so the court quashed the order observing that it appeared to be...
Giving Notice To Tenant To Vacate Lease Premises Not Defamation: Karnataka High Court Quashes Case Against Senior Advocate Practising At SC
The Karnataka High Court has quashed defamation proceedings against a Senior Advocate of the Supreme Court and his wife, over a complaint filed by their tenant after they sent a notice asking him to vacate their property.Noting that defamation requires an intention to harm the reputation of a person, Justice M Nagaprasanna observed that initiating legal proceedings against a party would...
Delhi High Court Slams Directorate General Of Foreign Trade For Cancelling Trader's DEPB License 15 Yrs After SCN Was Issued
The Delhi High Court recently quashed a Directorate General of Foreign Trade (DGFT) communication cancelling the license issued to a trader involved in import and export of goods, citing almost fifteen years delay in culminating the show cause notice.Justice Sachin Datta cited Vos Technologies India Pvt. Ltd. v. The Principal Additional Director General & Anr. (2024) where the Delhi...
Delhi High Court To Examine Scope Of Customs Jurisdiction Under E-Cigarettes Act After Seizure Of "De-Addiction" Devices
The Delhi High Court is set to examine the extent of jurisdiction which can be exercised by the Customs Department under the Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Transport, Sale, Distribution, Storage and Advertisement) Act, 2019.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta have sought the authority's response on a private...
Removing Hospital From Residential Area Because It Increased Traffic Violates Fundamental Right To Trade: P&H High Court
The Punjab & Haryana High Court has said that the construction of the hospital cannot be challenged on the grounds that it has increased traffic influx in the area, especially when multi-level parking is planned by the State authority. Removing the hospital in this case would be violation of the fundamental right to trade and practice profession under Article 19(1)(g) of the Constitution...
"Farmers Cannot Be Made Debt-Ridden": Bombay High Court Quashes State Resolution Providing 'Delayed & Less' Fair Price To Sugarcane Farmers
In a major relief for sugarcane farmers in Maharashtra, the Bombay High Court on Monday (March 17) quashed and set aside a Government Resolution (GR) which provided for a 'delayed and less' Fair and Remunerative Price (FRP) to the farmers as it would affect them adversely. A division bench of Justices Girish Kulkarni and Advait Sethna held that the GR issued by the Maharashtra government...
Section 141 NI Act | Executive Director Can't Be Prosecuted For Cheque Dishonour If Company Isn't Made An Accused: Orissa HC Reaffirms
The Orissa High Court has reiterated that the Executive Director of a company is not vicariously liable and cannot be prosecuted under Section 138 of the Negotiable Instruments Act ('NI Act') for dishonour of cheque, issued by him in his official capacity on behalf of the company, if the company itself is not arraigned as an accused.Highlighting the non-compliance of the statutory mandate...
Punjab & Haryana HC Sets Aside Conviction In Corruption Case, Says Sanction Order Was Copied From Draft Provided By Vigilance Bureau
The Punjab & Haryana High Court set aside the conviction under Prevention of Corruption Act observing that the sanction order was invalid, rendering the entire prosecution as "void ab initio." Kamalpreet Singh Dhariwal, who was then posted as the District Manager, Market federation (Markfed), was convicted under Sections 7 and 13(1)(d) read with Section 13(2) of the Prevention of...
UP Stamp Act | 2021 Amendment Imposing Limitation On Refund Not Applicable To Agreement Entered Prior To Amendment: Allahabad HC
The Allahabad High Court has quashed an order rejecting refund of stamp duty, holding that a retrospective amendment in 2021 to the state stamp act imposing a limitation period cannot extinguish a right based on the agreement entered into prior to the amendment.Petitioners had purchased stamp papers worth ₹4,37,000 in 2015 for executing a tripartite sale and sublease agreement with the...
"Would Change Rules Of Game": Madras HC Rejects Plea By Disabled Candidate Who Failed To Sign Answer Sheet Of Civil Services Exam
The Madras High Court recently refused to grant relief to a candidate with 60% locomotive disability who had failed to sign his answer sheet while attending the Combined Civil Services Examination-IV (Group-IV Services) examination conducted by the Tamil Nadu Public Service Commission. Justice CV Karthikeyan observed that the commission had provided clear instructions to...