Model Code Of Conduct Amid Wayanad Bypoll Must Not Affect Rehabilitation Work, Election Campaigners Must Follow 'Green Protocol': Kerala HC

The Kerala High Court has ordered that implementing the Model Code of Conduct ahead of the 2024 Lok Sabha Bypoll in Wayanad should not affect the ongoing rehabilitation and relief efforts in the area affected by landslides.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. hearing the suo moto case initiated after landslides, has further directed...

If Dispute Is Arbitrable, Court Cannot Refuse To Refer Parties To Arbitration U/S 8 Of Arbitration Act: Gauhati High Court

The Gauhati High Court Bench of Justice Mr. Robin Phukan held that it is also well settled that reference of case to arbitral tribunal under section 8 of Arbitration Act can be declined by the court only if the dispute is non-arbitrable. Brief Facts This appeal, under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, is directed against the order dated 09.08.2024,...

Bail Plea Shouldn't Be Rejected To Give Accused A Taste Of Imprisonment As A Lesson: Allahabad High Court

The Allahabad High Court has observed that the bail application of an 'unconvicted' person should not be rejected for the purpose of giving him a taste of imprisonment as a lesson or as a mark of disapproval of his conduct. A bench of Justice Arun Kumar Singh Deshwal added that while considering the bail application, apart from the seriousness of the charges and severity of...

Defendant Can Seek Rejection Of Plaint Under Order 7 Rule 11-D CPC Without Filing Written Statement: Jharkhand High Court

While hearing a title dispute over a property, the Jharkhand High Court said that once a suit is instituted and notice is issued, the defendant has the right to file an application under Order 7 Rule 11-D of the CPC seeking rejection of the plaint, even if a written statement has not been filed.In doing so, the high court found that the trial court's order rejecting the petitioner's plea...

Five New Judges Of Bombay High Court Take Oath

The Bombay High Court got five new judges today after the Central government cleared their names for being appointed as additional judges of the High Court.Chief Justice Devendra Kumar Upadhyay administered the oath of office to Judge Designates - Nivedita Mehta, Prafulla Khubalkar, Ashwin Bhobe, Rohit Joshi and Advait Sethna.The oath ceremony was attended by all the sitting judges of the...

Father's Protest Petition Against Daughter-In-Law For Abetting Son's Suicide Not Ground To Deny Her Compassionate Appointment: Rajasthan HC

While rejecting petition filed by the father of a deceased government employee, the Rajasthan High Court ruled that pendency of a protest petition against a negative police report in a case of abetment to suicide filed against the wife of the deceased was not a sufficient ground to deny her compassionate appointment.The bench of Justice Mahendar Kumar Goyal was hearing two petitions. First...

Transfer Pricing | Entities Operating On Economic Upscale Can't Be Included As 'Comparables' Of Those Working On Cost-Plus Pricing: Delhi HC

The Delhi High Court has reiterated that entities commanding high profit margins cannot be included as comparables of those working on cost-plus markup basis, to determine Arm's Length Price for international transactions. A division bench of Justices Yashwant Varma and Ravinder Dudeja thus ordered the exclusion of TCS E-Serve International Ltd., TCS E-Serve and Infosys BPO Limited...

Environment Protection Inseparable Part Of Right To Life Under Article 21: Rajasthan HC Initiates Suo Moto PIL On Encroachment Of Water Bodies

The Rajasthan High Court has taken suo motu cognizance of the rampant encroachments and illegal constructions on the riverbeds and many other water bodies terming it as direct violation of the Water (Prevention and Control of Pollution) Act 1974, and inaction on part of the government administration.Justice Anoop Kumar Dhand highlighted that conservation and protection of environment is...

Usage Of Chemicals As Raw Materials Doesn't Detract From Categorisation As Chemicals; Must Be Taxed At 8%: Andhra Pradesh High Court

The Andhra Pradesh High Court stated that the use of chemicals as raw materials would not change their categorisation as chemicals. Therefore, they must be taxed at 8% only. The Division Bench of Justices R. Raghunandan Rao and Harinath N. was addressing a tax dispute in which the assessee challenged the Revisional Authority's imposition of a higher tax rate of 12% on goods, instead...

Teachers Above 50 Years Entitled To Test Exemption For Headmistress Promotion Under KER Rule 45B(4); Kerala HC

Kerala High Court: A Single Judge Bench of Justice Harisankar V. Menon ruled that teachers above 50 years of age are entitled to exemption from the Accounts Test (Lower) under Rule 45B(4) of Kerala Education Rules for promotion to Headmistress position. The Court held that Leave Without Allowance taken after probation cannot affect seniority calculations, and distinguished between...

“You Are Not A CM": High Court Denies Interim Bail To BJP Leader For Contesting Maharashtra Polls, Says Arvind Kejriwal Order Not Applicable

The Bombay High Court on Thursday while denying interim bail to a Bharatiya Janata Party (BJP) leader Digambar Agawane for contesting the upcoming Maharashtra Assembly Elections, said 'right to contest' was not a fundamental right and that the applicant can contest the ensuing polls from the jail itself.Single-judge Justice Manish Pitale, while refusing to accept the contention of Agawane...

High Court Seeks Response From Union Govt On Alleged Shortage Of Storage In FCI Godown For Storing Paddy In Punjab

The Punjab & Haryana High Court sought response of Union Government on plea filed seeking directions to lift paddy from FCI storage facility and create space for milled rice for Kharif Marketing Season 2024-2025 in Punjab.Reportedly, the lack of storage space in the FCI's godowns, and the arrival of the new paddy at mandis, has precipitated the crisis in the state. The farmers from October...