Reinstatement Is Not Automatic; Madhya Pradesh High Court reiterates

A Single Bench of Madhya Pradesh High Court, comprising Justice G.S. Ahluwalia heard a petition filed under Article 227 of the Constitution of India, against an order passed by the Labour Court. The judgement dealt with a case pertaining to procedural defects in termination of a short-term employee and held it violative of Section 25-F of the Industrial Disputes Act,...

Karnataka HC Upholds Power Of Bangalore Development Authority To Reject Auction Bid Without Giving Reasons Under Commercial Site Rules

The Karnataka High Court has upheld the power of the Bangalore Development Authority (BDA) to accept or reject the bid made by a successful bidder for sites auctioned by it, without assigning any reasons.A division bench of Justice Anu Sivaraman and Justice G Basavaraja said, “The act and conduct of the BDA appears to be bona fide and in the interest of public and also to the benefit of...

Political Interference In Media? High Court Asks CBI To Probe Cross-FIRs On Punjab Media Houses, Cable Operators Involving MLAs

The Punjab & Haryana High Court has directed the Central Bureau of Investigation to probe various FIRs and cross-FIRs filed by and against various cable operators and local media houses in Punjab.The Court noted that certain media houses are "run and controlled" by sitting MLAs of the political parties including ruling party AAP and the opposition parties. This has led to...

Bombay High Court Holds Redevelopment Rights of Society Not Part Of Moratorium Process; Issues Writ Of Mandamus For Redevelopment, Upholding Right to Shelter

The Bombay High Court division bench of Justices Kamal Khata and M.S. Sonak has held that if the developer fails to meet its obligations under the Development Agreement, such as paying transit rent and completing construction within the specified time frame, there is a complete failure of consideration, and no rights accrue to it. The court awarded a writ of mandamus for...

Bombay High Court Grants Bail To Accused In ₹6606 Crore Bitcoin Fraud Case, Cites Her Being A Woman, Mother Of Six-Yr-Old

Observing that she is the mother of a six year old, the Bombay High Court last week granted bail to Simpy Bhardwaj, booked under the stringent Prevention of Money Laundering Act (PMLA) by the Enforcement Directorate (ED) in 2023 for her alleged role in India's largest Bitcoin-based Ponzi scheme worth Rs 6,606 crore, related to a Delhi-based firm - Variable Tech Pvt Ltd. Single-judge...

POCSO | Ejaculation Of Semen Not Required To Prove Penetrative Sexual Assault: Punjab & Haryana High Court

The Punjab & Haryana High Court upheld the conviction of rape and penetrative sexual assault against a minor under the Protection of Children from Sexual Offences Act, 2012 (POCSO), observing that the presence of semen is not required to be proved for penetrative sexual assault.Justice Sureshwar Thakur and Justice Kuldeep Tiwari said, "When in the event of penetrative sexual assault...

Tenant Cannot Dictate Landlord About 'Bonafide Necessity', Landlord's Need Must Be Presumed Bonafide: Punjab & Haryana High Court

The Punjab & Haryana High Court has upheld eviction of tenants on the ground of "bonafide need" of the landlady observing that, the tenant cannot dictate what should be her bonafide need.Justice Deepak Gupta said, "It is not for the tenant to dictate to the landlord about her/ his bonafide necessity. If a landlord asserts that he requires the tenanted premises to expand the business, his...

'Hema Committee Report Reveals Commission Of Cognizable Offences': Kerala High Court Directs SIT Probe As Per Section 173(3) BNSS

The Kerala High Court has directed the Special Investigating Team (SIT), constituted by the Government to inquire into the allegations made in the Justice Hema Committee Report, to take necessary action as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Section 173 of the BNSS deals with the registration of FIR when information is received regarding the commission of...

Issuance Of Summons U/S 70 Of CGST Act Doesn't Initiate Proceedings U/S 6(2)(B) Of CGST Act: Kerala High Court

The Kerala High Court held that the initiation of an enquiry or the issuance of summons under Section 70 of the CGST Act cannot be deemed to be initiation of proceedings for the purpose of Section 6(2)(b) of the CGST Act. The Bench of Justice Gopinath P. observed that “The term 'initiation of any proceedings' is no doubt a reference to the issuance of a notice under the provisions...

Delhi High Court Grants Compassionate Allowance To Widow Of Dismissed Employee

A Division Bench Delhi High Court consisting of Justices C. Hari Shankar and Dr. Sudhir Kumar Jain ruled in favour of Usha Devi, directing the Union of India to grant her compassionate allowance under Rule 41 of the Central Civil Services (Pension) Rules, 1972. This decision overturned the rejection of her plea by the Central Administrative Tribunal (CAT), which had previously denied...

Second FIR Permissible For Same Incident With Different Version Of Evidence: Allahabad High Court

The Allahabad High Court has observed that a second FIR for the same incident is permissible where there is a different version of evidence and discovery is made on the factual foundation. A bench of Justice Manju Rani Chauhan observed this while relying upon the Top Court's judgment in Nirmal Singh Kahlon v. State of Punjab 2008. In the Nirmal Singh case (supra), referring to...

Power To Issue Notice For Scrutiny Assessment U/S 143(2) Not Limited To Assessing Officer Or Officers Of NaFAC: Delhi HC

The Delhi High Court has held that the power to issue notice for scrutiny assessment under Section 143(2) of the Income Tax Act, 1961 is not restricted to the Assessing Officer or the officers of National Faceless Assessment Centre (NaFAC) alone. As per the statute, a notice for scrutiny assessment under Section 143(2) of the Act can be issued by the “Assessing Officer or...