High Courts
Absolute Bar On Withdrawal Of Voluntary Retirement Once Accepted 'Unfair': Rajasthan HC Reads Down Provision In Civil Service Pension Rules
Reading down the proviso to Rule 50(4) of State Civil Services (Pension) Rules barring withdrawal from voluntary retirement once the application is accepted by the employer, the Rajasthan High Court said putting a complete embargo on an employee's choice to withdraw retirement plea even before it becomes effective renders the scheme suffering from manifest arbitrariness. It further held...
Once Input Tax Credit Is Wrongfully Availed Due To Fraud Or Suppression, State Officer Can Issue Notice Even Without Central Action: Patna HC
The Patna High Court has upheld a tax assessment order passed by the State GST Authority, clarifying that once a Proper Officer determines that input tax credit has been wrongfully availed or utilized due to fraud or suppression of facts, they are empowered to issue a notice under Section 74(1) of the CGST/BGST Act, 2017. A Division Bench comprising Justice Rajeev Ranjan Prasad and...
Mahua Moitra Moves Delhi High Court Against 'Defamatory' Social Media Posts By BJP MP Nishikant Dubey, Lawyer Jai Anant Dehadrai
Trinamool Congress leader Mahua Moitra on Thursday filed a fresh application before the Delhi High Court against allegedly defamatory social media posts made against her by BJP MP Nishikant Dubey and lawyer Jai Anant Dehadrai. Justice Manmeet Pritam Singh Arora heard the application today briefly.The application has been filed in the context of a quote tweet made by Dehadrai on X platform...
Bombay High Court Asks State To Retrospectively Apply GO Allowing Dependent Parents To Avail Family Pension Upon Unmarried Child's Death
In a significant ruling, the Bombay High Court held that the Maharashtra Government Resolution (GR) issued on January 22, 2015, which allows the parents of a 'single' or 'unmarried' son or daughter to receive family pension post the child's death, should be made applicable retrospectively to the extent that 'dependent' parents surviving on the date when the GR was issued, are granted...
'Error Of Judgment, Not Major Misconduct': MP High Court Grants Relief To Judge Dismissed From Service After Granting Bail To Murder Accused
While granting relief to a District and Sessions Judge, the Madhya Pradesh High Court replaced the punishment of dismissal from service imposed on the judicial officer with punishment of withholding two increments.The Court opined that the dismissal of the judge was based on an error of judgement and not major misconduct. Thus, the Court termed the punishment of dismissal from service...
Appointing Authority Can Decide Not To Fill Up Existing Vacancies On Reasonable And Genuine Grounds: Kerala High Court
The Kerala High Court held that an appointing authority has power to decide not to fill up particular number of vacancies on genuine and reasonable grounds.The Division Bench of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar observed:“It is well-settled law that an appointing authority may for good and sufficient reasons take a decision not to fill up the existing vacancies even if...
Recording Of Court Proceedings Prohibited In Punjab & Haryana High Court, District Courts: Registrar General Warns Of Contempt Action
In a notice issued on May 7, the Registrar General of the Punjab and Haryana High Court stated that recording of court proceedings is prohibited in the High Court as well as in the District Courts of both states, and any violation of the order will result in appropriate action and contempt proceedings."All the parties/litigants and public at large are hereby informed that recording of...
Abu Salem Committed Many Offences In India, Yet To Complete 25 Years Of Jail Term: Maharashtra Govt Tells Bombay High Court
The Maharashtra Government on Wednesday (May 7) told the Bombay High Court that terrorist Abu Salem has not yet completed 25 years of imprisonment and thus he cannot be granted a 'premature' release.A division bench of Justices Girish Kulkarni and Advait Sethna is seized with a plea filed by Salem seeking premature release arguing that he has already completed 25 years of imprisonment...
Wikipedia Withdraws From Delhi High Court Its Appeal Against ANI In Defamation Case
Wikimedia Foundation, which hosts Wikipedia platform, on Thursday withdrew from the Delhi High Court its appeal against a single judge order directing it to remove allegedly defamatory statements published against news agency ANI on its Wikipedia page titled “Asian News International.”A division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta dismissed the appeal...
Delhi High Court Postpones Conduct Of Shahdara Bar Association Elections To May 24
The Delhi High Court on Thursday postponed the conduct of Shahdara Bar Association elections to May 24. The polls were scheduled to be held on May 09.The order was passed by a full bench comprising Justice Prathiba M Singh, Justice Navin Chawla and Justice C Hari Shankar.Justice Talwant Singh (Retd.), Chairperson of the Shahdara Bar Association Election Committee, had submitted a report...
Personality Rights | Madras High Court Asks Meta And Telegram To Take Down Accounts Unauthorisedly Using Dancer Anita Ratnam's Photos, Audio
The Madras High Court has asked Meta and Telegram to take down social media accounts that have been unauthorisedly using photos and audio of dancer Anita Ratnam. Justice Senthilkumar Ramamoorthy, on prima facie assessment, opined that the social media accounts had misused Ratnam's celebrity status for their commercial purpose. Noting that the usage did not fall within fair use,...
'Child Adoption Leave' A Fundamental Right Of Adoptive Mothers Under Article 21: Chhattisgarh High Court
In a landmark judgment, the Chhattisgarh High Court has held that women employees who adopt children are also entitled to childcare/child adoption/maternity leave since it is a fundamental right of every mother under Article 21 of the Constitution, irrespective of the mode of attainment of motherhood, to give motherly care and attention to their new-born children.Justice Bibhu Datta Guru...