High Courts
Himachal Pradesh High Court Rejects Plea For Extra UPSC Attempt Due To COVID-19 Impact
The Himachal Pradesh High Court dismissed a writ petition seeking an additional attempt in the UPSC Civil Services Examination on the grounds that the petitioner's final attempt was adversely affected by the COVID-19 pandemic.Justice Ajay Mohan Goel held: “it is no excuse that because he could not prepare efficiently on account of COVID-19 pandemic, he deserves one more chance.”...
Ridiculous To Expect Bodily Injuries On Rape Survivor Who Was Subjugated & Overpowered Physically: Allahabad HC
Overturning an order of acquittal concerning an accused who raped a 18-year-old girl on 2016, the Allahabad High Court recently observed that even if a woman is accustomed to sexual intercourse, even then she cannot be raped. The bench also observed that it would be 'ridiculous' to accept the submission that a rape survivor, who had been subjugated and 'overpowered'...
Plea In Chhattisgarh HC Challenges Vires Of Public Safety Act, Notification Declaring 'Moolvasi Bachao Manch' Unlawful Organization
A plea has moved before the Chhattisgarh High Court challenging a state government notification under the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (CVJSA) 2005 (Special Public Safety Act) declaring an Adivasi organisation–Moolvasi Bachao Manch (MBM) as an unlawful organization in October 2024. The plea also challenges the constitutionality of the CVJSA as being ultra vires Articles...
Dissenting Judge Must Express Dissent In Open Court If Main Order Is Dictated In Court: Orissa High Court
The Orissa High Court has crystalised that when order is dictated in the open Court by a Bench consisting of two or more Judges, the Judge(s) who intends to differ from the opinion of the Bench or put up a dissenting judgment must dictate his dissenting order or at least, indicate his intention about recording the dissent in the open Court.The Division Bench of Justice Sangam Kumar Sahoo...
“No Work, No Pay” Doesn't Apply If Appointment Delay Is Due To Authorities' Fault : Calcutta HC
A division bench of the Calcutta High Court comprising of Harish Tandon, J and Prasenjit Biswas, J held that the principle of “No Work, No Pay” does not apply when the delay in appointment is due to the fault of the authorities, thus entitling the affected person to monetary benefits. Background Facts The appellant appeared for 12th Regional Level Selection Test (RLST) for...
Delhi High Court Sets Aside IPAB Order Removing Swiss Luxury Brand 'Davidoff' From Trademark Register
The Delhi High Court has come to the rescue of the Swiss company which owns luxury coffee brand Davidoff, whose trademark was removed from the register over alleged delay in seeking renewal of the mark.Justice Amit Bansal noted that the Trade Marks Registry had admitted to not having any records indicating that form O3 notice was issued to the petitioner prior to the removal of the...
Delhi HC Upholds Dismissal Of CAPF Constable Who Remained Absent From Duty On Health Grounds, Says He Had Duty To Seek Leave After Surgery
The Delhi High Court has upheld the dismissal of a CAPF personnel for failing to intimate the force about his absence from duty due to his health condition.A division bench of Justices Navin Chawla and Shalinder Kaur was of the view that being in a disciplinary force, a high level of accountability was expected from the personnel and “it was incumbent upon him, post-surgery, to apprise...
Omission By Officers Leads To 'Let Court Decide Syndrome': Punjab & Haryana HC Directs Union To Ensure Admin Law Classes For IAS Trainees
Highlighting the need for stronger administrative accountability, the Punjab and Haryana High Court has emphasized the role of legal education and training in curbing the increasing tendency of administrative authorities to shift responsibility to the judiciary.Justice Jasgurpreet Singh Puri noted that when the administrative authorities by their acts and omissions evade their...
GST Inspection Not Legally Sustainable Without Compliance With S.67 Of CGST Act & S.100 CrPC: Patna HC Quashes ₹88.64 Lakh Tax Demand
The Patna High Court, while allowing a petition challenging a tax demand of ₹88,64,550.50, has observed that an inspection conducted under the BGST/CGST regime is legally unsustainable if not carried out in compliance with Section 67 of the BGST/CGST Act, 2017 read with Section 100 of the Code of Criminal Procedure, 1973. According to Section 67 of BGST/CGST Act, 2017, an inspection to...
Kerala Bar Council Decides To Send Show Cause Notice To Adv Yeshwant Shenoy For Facebook Post Against Judge
The Kerala Bar Council in today's meeting decided to send a notice to Advocate Yeshwanth Shenoy to show cause as to why disciplinary action should not be initiated against him for his Facebook post against Justice T. R. Ravi. Adv. Yeshwanth Shenoy, who is also the President of the Kerala High Court Advocates Association, made the Facebook post responding to Justice Ravi dismissing his...
NI Act | Demand Notice Must Be Read As A Whole, Cannot Be Dismissed Over A Solitary Error: J&K High Court
Reinforcing the statutory mandate under the Negotiable Instruments Act, the High Court of Jammu & Kashmir and Ladakh has ruled that a solitary typographical error in a statutory notice under the Negotiable Instruments Act, 1881, cannot override the overall content and intent of the notice, thus refusing to quash cheque dishonour proceedings involving Rs. 21 lakhs.Dismissing a plea...
Punjab & Haryana HC Orders Removal Of Gurudwara And Mandir Encroaching On Road; Gives Time To Remove Holy Scriptures, Idols
The Punjab & Haryana High Court has ordered the removal of unauthorised Mandir and Gurudwara constructed on a road meant for public ingress and outgress to a commerical market, and gave six weeks time to remove holy scriptures/books/idols from the structures after due observance of all religious ceremonies.Justice Harsh Bunger perusing the documents found that there is, "no manner of...