Calcutta High Court Monthly Digest: February 2025

NOMINAL INDEXChaitali Roy (Mandal) v. State of West Bengal & Ors. Citation: 2025 LiveLaw (Cal) 21ASSOCITATION FOR PROTECTION OF DEMOCRATIC RIGHTS(APDR) AND ANR VS STATE OF WEST BENGAL AND ORS Citation: 2025 LiveLaw (Cal) 22Dilip Kumar Choudhury & Ors. v. The Regional Provident Fund Commissioner, Durgapur, EPFO & Ors. Citation: 2025 LiveLaw (Cal) 23THE DIRECTOR GENERAL,...

Jammu & Kashmir And Ladakh High Court Weekly Round-Up March 3 - March 9, 2025

Nominal Index:XXXX Vs UT of J&K 2025 Livelaw (JKL) 66Abdul Hamid Bhat Vs UT Of J&K 2025 LiveLaw (JKL) 67ARSHID AHMAD GANIE Vs UNION TERRITORY OF JAMMU AND KASHMIR (HOME) 2025 Livelaw (JKL) 68Peer Rattan Nath Mahant Sh. Shiv ji Maharaj Peer kho Vs Wazir Onkar Singh 2025 LiveLaw (JKL) 69Meena Kumari vs Sainik Cooperative House Society Ltd 2025 Livelaw (JKL) 70Bilal Hassan Anim vs...

Omission By Trial Court In Framing Issue On Maintainability Of Suit Does Not Limit Power Of Appellate Court To Decide If Suit Is Maintainable: J&K HC

The Jammu and Kashmir High Court held that if there is an omission on the part of the trial court to frame an issue on the maintainability of the suit under law, that does not limit the powers of the appellate court to decide the issue of maintainability.The court added that the only requirement is that there should be no new facts that need to be pleaded and no new evidence to be led by...

Income Tax | Whether There Was Proper Notice Or Not Is Disputed Question Of Fact, Can't Be Challenged Under Article 226: Kerala High Court

The Kerala High Court stated that the issue as to whether there was a proper notice or not is a disputed question of fact and cannot be challenged under Article 226 of the Constitution of India. “…….As rightly observed by the learned Single Judge, the question as to whether there was a proper notice or not is certainly a disputed question of fact, which cannot be gone into in...

'Make Your House In Order': Madhya Pradesh HC Deprecates BCI For Granting Retrospective Recognition To Certain Colleges After 20 Yrs

The Madhya Pradesh High Court has deprecated the practice of Bar Council of India in granting recognition to certain colleges even after 20 years, with retrospective effect.In doing so the court directed Bar Council of India to "make its house in order" so that the Institutions do not play with the careers of students. The court was hearing a plea concerning State Bar Council's refusal to...

Threshold To Prove Fraud & Corruption In Arbitral Award Is Much Higher Than Merely Criticising Findings Of Arbitrator: Calcutta High Court

The Calcutta High Court bench of Justice Shampa Sarkar has observed that in order to prove that the making of the award was vitiated by fraud, the petitioner would have to demonstrate that the unethical behaviour of the arbitrator surpassed all moral standards. The Court reiterated that an honest mistake or incorrect appreciation of the terms of the contract cannot be either fraud...

Jammu & Kashmir And Ladakh High Court Monthly Digest: February 2025

Nominal Index:Rajinder Singh Vs Abdul Aziz 2025 LiveLaw (JKL) 16Abdul Gani Akhnoor vs State of J&K 2025 LiveLaw (JKL) 17Union Territory of Jammu and Kashmir vs Farman Ali 2025 LiveLaw (JKL) 18Rathika Pruthi vs Contonment Board (Badami bagh) thr. Chief Executive Officer 2025 LiveLaw (JKL) 19Tarun Bahl vs UT of J&K 2025 LiveLaw (JKL) 20Mohammad Amin Sheikh & Khalida Begum vs....

'Covid-19 Has Subsided And Vaccines Have Become Unnecessary Today': Karnataka High Court Disposes Man's Plea For Second Dose

The Karnataka High Court on Monday (March 10) disposed of a 2022 petition filed by one Vinod Kumar M N seeking a direction to the authorities to give him a second dose of Covid vaccine.A single judge, Justice M Nagaprasanna said “The petitioner is before this court seeking a direction for a second dose of covid vaccine, the covid-19 has subsided and vaccines have become unnecessary...

Suit For Damages For Wrongful Dismissal Not Maintainable Until Termination Is Challenged And Declared Wrongful: J&K High Court

The Jammu and Kashmir High Court held that a suit for damages due to wrongful dismissal is not maintainable unless the termination is first challenged and declared wrongful. The court observed that the plaintiff has neither pleaded nor made any attempt to demonstrate that the impugned order of dismissal was in violation of any terms of his employment.A bench of Justice Vinod Chatterji Koul...

Reservation In Local Bodies: High Court Seeks State's Stand On PIL Challenging Vires Of Gujarat Local Authorities Laws (Amendment) Act 2023

The Gujarat High Court on Monday (March 10) sought the state government's stand on a PIL challenging the constitutional validity of the Gujarat Local Authorities Laws (Amendment) Act 2023 and subsequent amendment made to the relevant rules, claiming it is contrary to the Supreme Court's decisions on the manner in which reservation is to be implemented. The plea claims that as per the decision...

Proton Mail Not Blocked Under IT Act, Blocking Can't Happen 'At The Drop Of A Hat': Union Govt Tells Karnataka High Court

The Union Government informed the Karnataka High Court on Monday (March 10) that 'Proton Mail' has not been blocked under section 69A of the Information Technology Act in India. Proton Mail is a Swiss email service that offers end to end encrypted messaging for users.Additional Solicitor General Aravin Kamath filed a memo stating that Proton Mail has not been blocked and blocking cannot happen...

Gauhati High Court Directs State To Enrol Public Information Officers, Other Departments On RTI Portal

The Gauhati High Court recently directed the State Authorities to complete the process of enrolling the Public Information Officers (PIOs) and the other Departments on the online RTI Portal, who have not enrolled to date, and also to make a provision expeditiously for uploading the supporting documents as directory instead of mandatory. The division bench comprising Chief Justice Vijay...