Appointment To Government Post Cannot Be Denied Due To Mere Implication In Dowry Case: Allahabad High Court

While considering a case of an appointment to a government post, the Allahabad High Court has held that merely being implicated in a criminal case does not de facto form a basis for rejecting the candidate.In the case where the person seeking appointment was the brother of the main accused and had been implicated in case for dowry, Justice J.J. Munir observed that“Given the social...

Children's Court Meant To Try Not Just Cases Where Child Rights Are Violated But Also Juveniles To Be Tried As Adults: MP High Court

In a recent judgement, the MP High Court clarified the Children's Court is not only for trying the cases where child rights have been violated and victims are children but also for juveniles aged 16-18 who are accused of committing heinous offences.The single-judge bench of Justice Vishal Dhagat observed, “At first glance, Children's Court appears to be Court which are trying the cases...

Are Government Pleaders Gazetted Officers? Kerala High Court Asks Govt To Clarify

The Kerala High Court has asked the government to issue a notification or instruction clarifying whether Government Pleaders, Senior Government Pleaders, and Special Government Pleaders are Gazetted Officers within one month.Justice Gopinath P. was considering a writ petition filed by an Indian woman who wanted to marry an American citizen and her application submitted under the Special...

Calcutta High Court Stays Proposed Demolition Of Unauthorised Constructions On Mandarmani Beach

The Calcutta High Court has ordered a stay on the demolition of unauthorised constructions on Mandarmani beach till 11th December. Justice Amrita Sinha was hearing a plea by the Mandarmani Hoteliers Association, representing the hundreds of hotels that would be impacted by the Coastal Authority's orders for the demolition of illegal constructions, following an earlier order by the National...

Calcutta High Court Allows Infertile Couple To Avail Assisted Reproductive Technique Although Husband's Age Exceeded Statutory Limit

The Calcutta High Court has allowed an infertile couple to avail of the facility of Assistive Reproductive Techniques (ART) to aid them in conceiving a child, even though the husband's age at 58 years, was above the statutory limit prescribed under the Assisted Reproductive Technology (Regulation) Rules, 2022.Justice Amrita Sinha held: In the instant case, the woman falls within the...

Adversely Impacts Economy: Bombay High Court Denies Anticipatory Bail To Man Booked For Stealing 13K Litres Of Petrol

Observing that stealing petroleum-based fuels adversely affects the country's economy, the Bombay High Court recently refused to grant pre-arrest bail to a man, booked for stealing 13,000 litres of petrol worth Rs 13.90 lakhs.Single-judge Justice Rajesh Laddha noted that the applicant Mohd. Ahmed Shafique Khan, a businessman, was the linchpin of the crime in question."Stealing...

Lawyer Cannot Be Booked For Asking On-Duty CBI Officers For Their Identity Cards: Bombay High Court

An advocate cannot be booked for 'obstructing' a government servant (CBI Officers) from discharging his duty, just because he asks a team of CBI officers, conducting raid/search operations, to show their Identity Cards (ID), the Bombay High Court held on Thursday (November 21).Single-judge Justice Milind Jadhav discharged two advocates and a law intern (then), who were booked in 2007...

Telangana High Court Asks Assembly Speaker To Decide Disqualification Pleas Against MLAs Who Defected From BRS 'Within Reasonable Time'

The Telangana High Court on Friday (November 22) set aside a September order of the single judge which had directed the Secretary of the legislative Assembly to place the disqualification pleas pending against MLAs–who defected from Bharat Rashtra Samithi (BRS)–before the Assembly Speaker to fix a schedule of hearing within four weeks.In doing so the high court said that Speaker of...

Assessee's Medical Condition Not Sufficient To Excuse Four-Year Delay In Filing Appeal: Kerala High Court Declines Condonation Of Delay

The Kerala High Court stated that the medical condition cited by the assessee is not sufficient grounds to justify condoning a four-year delay in filing the appeal.The Bench of Justice Gopinath P. observed that “the assessee has not made out any ground for grant of relief in the writ petition. Admittedly, the assessee filed appeals against the orders only in the month of February 2024...

Award In Which Damages Are Awarded In Absence Of Proven Loss Or Injury Can Be Set Aside U/S 34 On Grounds Of Patent Illegality: Delhi HC

The Delhi High Court bench of Justices Vibhu Bakhru and Sachin Datta has held that awarding damages by Arbitrator in the absence of proven injury or loss qualifies to be a patent illegality under section 34 of the Arbitration Act. Such an award is liable to be set aside under section 34..Brief FactsIndian Oil Corporation Ltd. (hereafter IOCL) has filed the present intra court appeal under...

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that the provision of Section 12(5) of the Arbitration Act would applicable to arbitral proceedings which were initiated prior to 2015 Amendment came into force and continued thereafter.Brief FactsThis petition has been filed under Section 11 of the Arbitration and Conciliation Act, 1996 (for short 'the Arbitration Act')...

Assessing Officer Not Required To Examine Commercial Expediency Of Transaction When Evaluating Assessee's Explanation U/S 68 Of IT Act: Delhi HC

The Delhi High Court has made it clear that once an assessee offers explanation about nature and source of a credit transaction standing in its books, the burden of proof to show that such explanation is unsatisfactory shifts on the Assessing Officer.A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma further held that in evaluating the transaction so explained by the assessee,...