Writ Petition Not Maintainable Against Refusal Of Interim Injunction If Decided After Hearing All Parties: Karnataka High Court

The Karnataka High Court has said that only an appeal can be filed against an order refusing interim injunction if the order is passed after hearing all the parties to the proceedings and a writ petition challenging the same is not maintainable.A single judge bench of Justice Suraj Govindaraj held thus while dismissing a petition filed by one Vishwanath Baati. The petitioner had sought...

S. 156 (3) CrPC | Magistrate Can't Refuse Direction To Lodge FIR Merely Because Facts Are In Applicant's Knowledge: Allahabad HC

The Allahabad High Court has observed that merely because the facts of an alleged crime are in the knowledge of the applicant, who moves an application under Section 156 (3) CrPC, a magistrate can't refuse a direction to the Police to lodge an FIR. A bench of Justice Manju Rani Chauhan added that the gravity/seriousness of the offence, the requirement of the evidence to launch...

Weekly, National Holidays Not Excluded From Length Of Work Experience: Rajasthan HC Reiterates In Lab Technician's Case Seeking Bonus Marks

Dismissing a plea against an order asking the State to consider awarding a female lab technician "bonus marks" as per her actual work experience without excluding Sundays/National Holidays, the Jodhpur bench of the Rajasthan High Court reiterated that as long as a Laboratory Technician/Assistant works in the lab, the "experience" obtained by them must be counted. In doing so, the division...

Three New Judges Of Gujarat High Court Take Oath

Justices Sanjeev Jayendra Thaker, Deeptendra Narayan Ray and Maulik Jitendra Shelat were sworn in as the judges of the Gujarat High Court on Thursday (October 10), following the Central Government's notification regarding their appointment.The oath was administered to the three judges by Chief Justice Sunita Agarwal, in the presence of the judges of the high court and other dignitaries...

'Media Too Has Right To Free Speech': Kerala HC Refuses To Gag Reporting On Wayanad Rehabilitation But Calls For "Responsible Journalistic Conduct"

After reports purportedly criticizing the Kerala government and State Disaster Management Authority (KSDMA) over quantum of funds put towards rehabilitation process in landslide hit Wayanad, the Kerala High Court has called for responsible journalistic conduct from the media personnel.Though the Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. refused to...

AO Can't Refer Assessee's File To Joint Commissioner For Levying Penalty U/S 271D Of IT Act Without Recording “Satisfaction”: Delhi HC

The Andhra Pradesh High Court has held that an Assessing Officer cannot refer an assessee's file to the Joint Commissioner of Income Tax for levying penalty under Section 271D of the Income Tax Act, 1961 without recording its “satisfaction”.Section 271D of the Income Tax Act prescribes the penalty to be imposed on a taxpayer for taking loan or deposits in contravention of Section 269SS....

"We Need To Get Wayanad Back": Kerala High Court Seeks Centre's Response Over Non-Disbursal Of Relief Funds After Landslides

The Kerala High Court today sought response from the Central government regarding disbursal of funds for disaster relief in Wayanad.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam Kumar V.M. had previously noted that the National Disaster Management Response Fund and the Prime Minister's Relief Fund have not released any amounts for Disaster Relief to the State...

Motor Accident: Jharkhand High Court Upholds ₹50.90 Lakh Compensation To Kin Of Deceased Lawyer

The Jharkhand High Court recently dismissed an appeal filed by Bajaj Allianz General Insurance, challenging an award of ₹50,90,176 in compensation to the family of a deceased lawyer who was killed in a road accident, while reaffirming that non-compliance with permit regulations does not constitute a fundamental breach of an insurance policy.Justice Subhash Chand presiding over the...

Rajasthan High Court Quashes Recovery Case Against Govt Employee Receiving 'Excess' Salary For 30 Years, Says Mistake Made By Department

The Jodhpur bench of the Rajasthan High Court quashed a recovery order issued by the state's finance department against a government employee who was receiving excess salary on account of an error on the department's part for almost 30 years.In doing so, high court observed that the employee did not mislead the department to get a higher pay and in fact the mistake was made by the...

Gujarat High Court Stays GNLU's Suspension Of Law Student From Hostel Over Alleged Misconduct

The Gujarat High Court on Wednesday (October 9) stayed till further orders a September notice issued by Gujarat National Law University (GNLU) suspending a student from the halls of residence "with immediate effect", in connection with an incident of alleged "misconduct". The interim order was passed in the petitioner student's plea challenging the University's September 20 suspension notice...

'Annual Confidential Report' Not Communicated To Employee Can't Be Considered To Decide Promotion: MP High Court Directs State To Restore Seniority

While reiterating that un-communicated Annual Confidential Reports (ACRs) of an employee cannot be considered while deciding their promotion, the Indore bench of the Madhya Pradesh High Court directed the state government to restore a woman employee's seniority. The high court directed the State to grant the petitioner–a state government employee, her promotion adding that her...

[Income Tax] Non-Functionality Of TRACES Portal Can't Be Ground To Deny Benefit Of Statutory Rights To Assessee: MP High Court

The Madhya Pradesh High Court has made it clear that non-functionality of Income Tax Department's TRACES Portal cannot be grounds for denying the benefit arising to an assessee under statutory provisions of the Income Tax Act, 1961. A division bench of Justices Vivek Rusia and Anuradha Shukla thus held that an assessee' TDS refund cannot be denied merely on the ground that...