Annual Performance Appraisal Report Determining Career Progression Must Be Written By Superior Officers With Impartiality: Delhi High Court

A division bench of the Delhi High Court comprising of Justice Navin Chawla & Justice Shalinder Kaur, held that annual performance appraisal report determining career progression and promotions must be written by superior officers with objectivity, impartiality, fairness and free from any prejudice. Background Facts The employee joined the Indo-Tibetan Border Police (ITBP) in...

S.81 CGST Act Can't Be Invoked To Declare Transfer Of Property Void Without Determining 'Nature Of Transaction' As Being Sham: Andhra Pradesh HC

The Andhra Pradesh High Court has prima facie held that Section 81 of the Central Goods and Services Tax Act, 2017 cannot be invoked to declare transfer of property void, unless there is a specific finding regarding sham nature of transaction.Section 81 provides that where a person parts with his/her property after any amount has become due from him under the Act, with the intention of...

Madras High Court Declines To Set Aside Show Cause Notice Issued To Musician Harris Jayaraj By GST Department

The Madras High Court has disposed of a petition filed by musician Harris Jayaraj challenging a show cause notice issued by the Directorate General of GST Intelligence (DCGI). Justice R Suresh Kumar and Justice C Saravanan observed that a co-ordinate bench of the High Court had already ruled that show cause notices could not be challenged and the aggrieved persons could...

Kerala High Court Orders Crime Branch Investigation Into Theft At Residence Of Former Kollam Bar Association President

The Kerala High Court has ordered a crime branch investigation into the theft conducted at the residence of the former President of the Bar Association of Kollam.The petitioner approached the Court alleging that inaction on the part of the police in investigating the theft that allegedly took place at his residence in April 2023. Justice Bechu Kurian Thomas ordered thus: “Petitioner is a...

Physical Contact During Resistance Is Not 'Unwelcome, Explicit Sexual Overture': Kerala HC Quashes FIR Against Teacher U/S 354, 354A(1) IPC

While quashing an FIR against a man booked under IPC Sections 354 and 354A(1) who allegedly had an altercation with a woman, the Kerala High Court observed that physical contact as part of resistance cannot be termed as an unwelcome and explicit sexual overtures. The order was passed in a plea moved by the Director of Youth Welfare and Member of the Syndicate Board of Cochin University of...

Customs Can't Claim Priority Over Bank For Recovery Of Dues From Assessee's Property: Madhya Pradesh High Court

The Madhya Pradesh High Court has dismissed a petition moved by the Customs and Central Excise Department seeking priority over other secured creditors, for recovery of dues from an assessee's property. Justices Vivek Rusia and Binod Kumar Dwivedi relied on Punjab National Bank V/s Union of India and others (2022) where the Top Court had held that SARFAESI Act will have an...

Bombay High Court Commutes Death Sentence Of Man Who Burnt Alive Woman, 2-Yr-Old; Awards Life Sentence

The Bombay High Court on Thursday commuted the death sentence to life imprisonment of a 46-year-old man, who set ablaze two women and a two-year-old girl.A division bench of Justices Revati Mohite-Dere and Shyam Chandak said the instant case, wherein the convict - Deepak Jath, set ablaze two women and a two-year-old girl, which led to the death of one of the women and the minor girl, does...

Article 227 Cannot Be Invoked When Interrogatories & Discoveries Allowed By Tribunal Are Not In Nature Of Fishing Inquiry: Delhi HC

The Delhi High Court has held that the scope of review under Article 227 is extremely narrow; the same cannot be invoked when the interrogatories and discoveries allowed by the tribunal have a co-relation and nexus with the subject matter of the dispute.The bench of Justice Manoj Jain, while hearing two claim petitions, held that where the seller offered alternate plots in similar projects...

Rajasthan High Court Lifts Stay On Release Of Alia Bhatt Starrer 'Jigra' Over Trademark Dispute

The Jodhpur bench of the Rajasthan High Court in an interim order on Thursday (October 10) lifted a stay imposed by a commercial court, temporarily restraining the release of Alia Bhatt's starer “Jigra”, scheduled for Friday (October 11). A division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its interim order said, "As an ad interim measure, the effect and...

High Court Stays Panchayat Polls In Parts Of Punjab; Slams State For 'Blatant Abuse Of Power', Says Attempt Made To Destroy Fair Election

The Punjab & Haryana High Court yesterday slammed the Punjab Government for "blatant abuse of power" of the state machineries in the upcoming Panchayat Elections, at the stage of filing of nomination papers. It has put an interim stay on further election proceedings in relation to villages involved in the petition.The polls were set to be held on October 15.A vacation bench of Justice...

Delhi High Court Stays Decision Of Apex Council Which Altered Result Of 'Legends League' Cricket Match After Being Declared

The Delhi High Court bench of Justice Sachin Datta, while hearing a Section 9 petition under the A&C Act, has granted interim relief to the petitioner by staying the communication of Event Technical Committee (ETC) and the Apex Council which allowed the result of a cricket match to be altered after the result has been announced.Factual Overview:The petitioner is a Konark Surya...

Ayodhya Minor Gangrape Case | 'He May Adversely Affect Trial': Allahabad High Court Denies Bail To SP Leader

The Allahabad High Court last week rejected the bail plea of Samajwadi Party leader Moid Ahmad in connection with the case of an alleged gang-rape of a minor girl in UP's Ayodhya in which Ahmad and his helper, Raju Khan, have been named as accused. A bench of Justice Pankaj Bhatia noted that although the FSL report on record confirms the paternity of the fetus with the co-accused and...