Madras High Court Forms Committee To Crackdown On Illegal Homestays, Cottages In Nilgiris And Kodaikanal Hills

The Madras High Court has ordered the formation of a committee comprising of District Revenue Officer, Municipal Commissioner and the District Tourism Officer to carry out inspection in Nilgiris and Kodaikanal districts to crack down on illegal home stay and cottage operators. The forest bench of Justice N Sathish Kumar and Justice Bharatha Chakravarthy asked the committee to ensure...

Candidate's Eligibility Is To Be Assessed Till Final Selection Is Made, Not Just On Last Application Submission Date: Himachal Pradesh HC

The Himachal Pradesh High Court (“Court”) bench of Chief Justice G.S. Sandhawalia and Justice Ranjan Sharma held that when a candidate applies for any post, the eligibility is assessed till the final selection date and not just on the last date of submission of application.Background of the case: The Court had invited applications for the post of translator under Level II on 04.08.2022,...

'Arbitrary': Allahabad HC Overturns Termination Of Standing Counsel's Contract Prompted By DM's 'Annoyance' With Court Summons

The Allahabad High Court recently set aside the Uttar Pradesh Government's order to terminate a Standing Counsel's empanelment/contract, terming it as 'illegal' and 'arbitrary'. The termination followed the petitioner's inability to connect to the Hardoi District Magistrate, whose phone was switched off during court hours, due to which theDM was summoned by the Court in October...

Defamation: Delhi High Court Seeks BJP Leader Tajinder Bagga's Response On Plea By Subramanian Swamy

The Delhi High Court on Wednesday sought response of BJP leader Tajinder Pal Singh Bagga in a plea filed by Subramanian Swamy who was summoned in a criminal defamation case filed by the former.Bagga had filed the defamation complaint over a tweet made by Swamy, claiming it to be false and defamatory in nature.Justice Ravinder Dudeja sought reply of Bagga within four weeks, including on the...

Compensation Can Be Granted When Aggrieved Party Continues Service Due To Suppression Of Fact Of Contract's Termination: Telangana HC

The Telangana High Court bench of Justices Moushumi Bhattacharya and B.R.Madhusudhan Rao has held that loss of profit incurred by a party due to the other party's suppression of material facts regarding the termination of the contract, where the former continued to render services under a mistaken belief, can be reasonably compensated by applying the Hudson formula. Brief...

Allottee Not Responsible If Delay In Construction Is Due To Procedural Requirements, Punjab & Haryana HC Quashes ₹94 Cr Extension Fees By HUDA

The Punjab & Haryana High Court has quashed the extension fees of Rs. 93.12 Crore imposed on a government organisation by the Haryana Urban Development Authority (HUDA) for delay in construction of flats for government employee on land allotted in 1996.The Court found that the delay in construction was due to procedural and administrative requirements, hence the delay period will...

Once Goods Are Verified And Found To Be Correct In MOV-04, Department Can't Be Permitted To Change Stand Later: Allahabad High Court

The Allahabad High Court has held that when the authority on verification has mentioned the details of the goods found and verified the correctness of the invoices and the goods in transit, it cannot be permitted to change the stand later and say that the goods were not in accordance with the invoice. Justice Piyush Agrawal held “Once on the verification report i.e. MOV-04, the...

POCSO Offence Is Committed Against Society, Accepting Defence Of Subsequent Marriage With Victim Will Defeat Purpose Of Act: Madras HC

While reversing the acquittal of a man charged under the Protection of Children from Sexual Offences Act, the Madras High Court recently held that the defence of subsequent marriage between the victim and the accused does not take away the offence committed by the accused while the victim was a child. Justice P Velmurugan observed that the offence under the POCSO Act was an offence...

Election Petition Presented By Advocate Without Specific Authorization Under Panchayat Rules Is Not Valid Representation: MP High Court

While hearing an appeal challenging the order of rejection of application for dismissal of election petition, the Madhya Pradesh High Court said that presentation of election petition by an Advocate under state Panchayat (Election Petition, Corrupt Practices and Disqualification for Membership) Rules, without specific authorization, is not valid.The division bench of Justice Vijay Kumar...

Gold Given To Bride Her Exclusive Property; Strict Documentary Proof Can't Be Insisted In Wife's Claim To Return Stridhan : Kerala High Court

The Kerala High Court recently held that in cases concerning the gold and cash given to a woman during her marriage, the courts have to apply the principle of preponderance of probabilities, as often documentary proof is not available for the transaction and misappropriation of the 'Stridhan'."Due to private and often informal nature of the transfers, it becomes merely impossible for women...

S.88 Of CGST Act Can't Be Used To Recover Dues Arising Under Central Excise Act From Directors Of Liquidated Company: Andhra Pradesh HC

The Andhra Pradesh High Court has held that Section 88 of the Central Goods and Services Tax Act 2017 cannot be used by the Excise Department to recover its dues from the directors of a liquidated company.Section 88(3) states that the tax, interest or penalty of a private company, which has been wondup can be recovered from the directors of the company, subject to certain conditions, when...

Karnataka High Court Quashes Case Against Ex-Chancellor Of Alliance University Over Alleged Misuse Of Domain Name

The Karnataka High Court has quashed a case registered under provisions of the Information Technology Act, against Dr Madhukar G Angur, Ex-Chancellor of Alliance University, accusing him of misusing the nomenclature, seals, intellectual property of the University and making false claims that he is the Chancellor of the University. A single judge, Justice M Nagaprasanna allowed the petition...