[Compassionate Appointment] Law Prevailing On Date Of Employee's Death Applicable Irrespective Of When Application For Appointment Was Submitted: Rajasthan HC

The Rajasthan High Court has granted relief of compassionate appointment, in a decade-old matter, to the petitioner, affirming that the policy governing such appointment had to be the one that was existing on the date of demise of the concerned person and not on the date of application filed for such appointment.The division bench of Justice Munnuri Laxman and Justice Pushpendra Singh Bhati...

Need To Drive Criminal Law Forward With Data And Evidence, Hope Young Lawyers Will Willingly Join The Field: CJI Sanjiv Khanna

Chief Justice of India Sanjiv Khanna on Thursday said that he hopes many youngsters and young lawyers would join the field of criminal law as their first career choice and not as a second choice or compulsion. CJI said that even though many new lawyers do not want to take up criminal practice, the fact of the matter is that most of the litigation in the district courts is criminal...

Survey Report On Existence Of 'Permanent Establishment' In Tax Year Not Relevant For Previous/Future AYs: Delhi HC Grants Relief To Swiss Co

The Delhi High Court has held that the existence of a foreign entity's Permanent Establishment (PE) in India is required to be determined in law for each year separately on the basis of the scope, extent, nature and duration of activities in each year.A division bench of Justices Yashwant Varma and Ravinder Dudeja made the observation while dealing with a Swiss company's case, which was...

'Ego Issue': Delhi HC Disapproves Of Tax Commissioner Seeking Declaration Against Appointments Committee Of Cabinet Over Delay In Promotion

The Delhi High Court rejected the petition filed by the Principal Commissioner of Income Tax, seeking a declaration against the Appointments Committee Of Cabinet (ACC) which promoted him to the post with purported delay.Calling the petition to have stemmed from the officer's “ego issue”, the division bench of Justices C. Hari Shankar and Ajay Digpaul fell one step short of imposing costs...

Allahabad High Court Dismisses Lawyer's Plea Seeking ₹1 Crore As Legal Fees For 'Saving' Ex-CJI From 'Humiliation'

The Allahabad High Court (Lucknow Bench) today dismissed a lawyers's plea seeking a direction to the Union Ministry of Law and Justice to pay him Rs. 1 crore as fees and expenses, claiming that he filed certain cases in the Supreme Court to save the then Chief Justice of India, Justice Dipak Misra, from "humiliation, insult, torture, and removal."A bench of Justice Rajan Roy and Justice...

EWS Certificate Cannot Be Rejected Based On Mutation Records But Only After Due Inquiry Into Eligibility Criteria: J&K High Court

The Jammu and Kashmir High Court held that the EWS certificate could not be rejected merely by relying on mutation records. The court stated that a due inquiry must be conducted as to the eligibility criteria, wherein the applicant is given the right to a hearing before deciding the said application.Justice Javed Iqbal Wani noted that the mutation records, stating that the ancestral property...

Power Of Attorney Holder Cannot Represent A Party In Court Without Obtaining Its Permission: Kerala High Court Reaffirms

The Kerala High Court has held that a private person cannot appear on behalf of another on the basis of a power of attorney, without prior permission of the Court. The Court observed that only enrolled advocates can appear on behalf of another party without permission. For a private person to do so, he has to get the permission of the Court under Section 32 of the Advocates Act, even if he is...

CESTAT Can't Reject Appeal Merely Because Pre-Deposit Was Made In Wrong Account, Especially When Rules Were Unclear: Delhi High Court

The Delhi High Court has held that merely because a pre-deposit prescribed under Section 35F of the Central Excise Act, 1944, for preferring an appeal is made in the wrong account, that too when the integrated portal might not have been fully functional, cannot result in rejection of appeal on the ground of defects.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta...

Making Two Applications For One Recruitment Examination, Concealing One, Delhi High Court Dismisses Writ Petition

A Division Bench of the Delhi High Court comprising Justices C.Hari Shankar and Anup Kumar Mendiratta dismissed a Petition whereby the Petitioner sought quashing of a notice by which her candidature was rejected. The Bench held that since the Petitioner had filed two application forms and had also concealed her educational qualifications before the Tribunal as well as the Court, she...

Cut Trees Only If So Dangerously Placed That Damage Becomes Imminent: Meghalaya HC Issues Directions For Felling Trees In A Shillong Colony

The Meghalaya High Court recently directed the State Authorities to instruct each and every applicant who has filed applications under Meghalaya Tree Preservation Rules, 1976, for felling of trees in the Lower New Colony area, Laitumkhrah, to explain the details how these trees 'have become dangerous to life and property'.The division bench comprising the Chief Justice I. P. Mukerji and...

Karnataka HC Debunks RTC's Contrary Actions In Defending Bus Driver Before Motor Claims Tribunal But Taking Disciplinary Action Against Him

The Karnataka High Court recently said that a Road Transport Corporation cannot take different stands in respect of a road accident involving its driver before the Motor Accidents Claim Tribunal and in the disciplinary proceedings initiated against the driver for the same incident.A single judge, Justice Suraj Govindaraj said “If any accident occurs, in pursuance of which the Corporation...

Subsequent Bail Pleas Arising Out Of Same FIR Should Be Listed Before Roster Judge: Madras Hight Court Clarifies

While answering a reference made by a single judge, a division bench of the Madras High Court has clarified that all successive bail applications/anticipatory bail applications arising out of the same FIR/Crime Number shall be listed before the judge holding the roster.On February 21, Justice Sunder Mohan had referred to a larger bench the issue on whether subsequent bail applications filed...