Candidates Eligible For Promotion Under 4% Reservation For Benchmark Disability Should Be Considered Under Said Quota: Gauhati High Court

The Gauhati High Court recently directed the State Authorities to consider the cases of two Junior Engineers (Civil) for promotion to the post of Assistant Engineer (Civil) against the 4 percent quota reserved for Persons with Disabilities in terms of the provisions of the Rights of Persons with Disabilities Act, 2016.The Single Judge Bench comprising Justice Kardak Ete observed:“The...

Wives & Children Struggle To Face Matrimonial Proceedings Due To Financial Crisis, Husbands Exploit Their Situation: Allahabad HC

The Allahabad High Court has observed that in matrimonial proceedings, wives and children often face financial crises compared to husbands, as they have limited support from family or income and their situation is frequently exploited by husbands, which makes it difficult for them to face such proceedings. “In a matrimonial proceeding, the wife and children are pitted against...

High Court Imposes Rs.1 Lakh Cost On Punjab PWD Secretary For Illegally Depriving Employee Of Promotion

The Punjab & Haryana High Court has imposed a cost of Rs.1 lakh on the Punjab Public Works Department's Secretary for illegally depriving a Sub Divisional Engineer of promotion to the post of Executive Engineer.Justice Mahabir Singh SIndhu said, "Since the action of the respondents is found to be grossly illegal, therefore, in order to mitigate the miseries of petitioner and as a...

Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide

The Allahabad High Court is set to decide a substantial question of law regarding whether a civil court can deny a declaratory decree to enter the names of children born out of a void marriage into his service records despite the law contained under Section 16 of the Hindu Marriage Act 1955 (HMA), which grants legitimacy to children born out of void and voidable marriages. Admitting a...

Case Cannot Be Referred To Lok Adalat Without Giving Opportunity Of Hearing To All Parties To Dispute: Gauhati High Court

The Gauhati High Court at Aizawl on Thursday (November 14) set aside an Award passed by a Lok Adalat under Section 19 of the Legal Services Authority Act on the ground that the petitioner was not a party in the original civil suit and hence, she was not given an opportunity of being heard in the matter before referring the case to Lok Adalat.The Single Judge Bench of Justice Marli...

Premature Withdrawal Of Investment From 'Capital Gain Tax Exemption Bonds' Defeats Legislative Intent Behind S. 54EC Of Income Tax Act: Delhi HC

The Delhi High Court has made it clear that an investor of 'Capital Gain Tax Exemption Bonds' cannot seek premature withdrawal through judicial intervention. A single bench of Justice Sanjeev Narula ruled that such an act would defeat the legislative intent behind Section 54EC of Income Tax Act, 1961. The provision stipulates that long-term capital gain will not be charged on...

Delhi HC Orders DDA To Pay ₹11 Lakh To Family Of Man Who Died In Balcony Collapse, Flags Structural Failures & Negligence In Maintenance

The Delhi High Court has ordered the Delhi Development Authority (DDA) to pay compensation of over Rs. 11 lakh to a woman and her minor sons, after her husband died after a balcony in their DDA flat collapsed 24 years ago. Justice Dharmesh Sharma pulled up the DDA for negligence and said that it had a "continuing obligation" to ensure the flat infrastructure's "durability and...

928 BMTC Buses Have Audio Announcement System To Aid Visually Impaired Persons: Karnataka High Court Told

Bengaluru Metropolitan Transport Corporation (BMTC) informed the Karnataka High Court on Friday (November 15) that an audio announcement system has been installed in 928 buses for the aid of physically challenged and visually impaired persons, to know the stops or the destinations.A division bench of Chief Justice N V Anjaria and Justice K V Aravind accepted the statement made by the counsel...

CGST Act | Commissioner Empowered To Withhold Refunds Both From Electronic Cash Ledger And Electronic Credit Ledger: Delhi HC

The Delhi High Court has held that refunds, be it from the balance left in Electronic Cash or the Electronic Credit Ledger, are treated at par and the Commissioner under the Central Goods and Services Tax Act may withhold both in exercise of its powers under Section 108. Section 108 empowers the revisional authority to place in abeyance “any order” made under the CGST Act, which in...

Temporary Pandemic Allowances Must Be Excluded From Wage Calculations For ESIC: Delhi HC

Delhi High Court: A Single Judge Bench of Justice Girish Kathpalia ruled that temporary special incentives paid during the pandemic should not be included in wage calculations for ESI. The court emphasized that including such temporary pandemic-related payments in the wage calculation would contradict the scheme's welfare objectives. The judgment established that special allowances meant...

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored.The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. Justice P .G. Ajithkumar stated that the Sessions Judge committed an error...

Rajasthan HC Permits Woman Booked In Criminal Case To Return Abroad For Studies, Prevent Revocation Of Her Daughter's Foreign Citizenship

Rajasthan High Court allowed the petition filed by a women accused in a Cheating case, seeking permission to get back her passport and return to Canada to finish her studies and also prevent the revocation of her daughter's Canadian citizenship for staying in another nation for more than 180 days.The bench of Justice Farjand Ali was hearing the petition against the order of the...