Ex-Servicemen In Special Auxiliary Police Force Cannot Claim Superannuation As Regular Govt Servant: Jharkhand High Court

The Jharkhand High Court recently held that ex-servicemen engaged on a contractual basis under the State's Special Auxiliary Police Force (SAP) battalions cannot claim continuation of service beyond the tenure prescribed under the governing scheme.A Single Judge Bench of Justice Ananda Sen was hearing a case wherein the petitioners were ex-servicemen appointed in terms of a scheme. The scheme...

Municipal Corporations Not Entitled To Unconditional Stay U/S 36 A&C Act; Treated At Par With Private Parties: P&H High Court

The Punjab and Haryana High Court Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry has observed that being a statutory body does not entitle a party to claim unconditional grant of stay under Section 36, Arbitration and Conciliation Act (“ACA”) as a matter of right. And if a conditional stay is granted, a statutory body is to be treated at par with a private...

Delhi High Court Asks Child Welfare Committees To Evolve Internal Mechanisms To Deal With Urgent Minor Rape Cases, Avoid Delays

The Delhi High Court has asked the Child Welfare Committees (CWCs) in the national capital to evolve internal mechanisms to ensure that urgent cases involving minor rape victims are addressed without avoidable delay, irrespective of weekends, holidays or non-working hours.Justice Swarana Kanta Sharma said that the manner in which CWCs organise their working hours, duty rosters, or...

National Herald Case: Delhi High Court Issues Notice On ED's Challenge To Refusal Of Cognizance Against Rahul, Sonia Gandhi

The Delhi High Court on Monday (December 22) issued notice on a plea filed by Enforcement Directorate challenging a trial court order refusing to take cognizance of the money laundering complaint in the National Herald case allegedly involving Congress leaders Rahul Gandhi and Sonia Gandhi.Appearing for the ED, Solicitor General of India Tushar Mehta submitted before Justice Ravinder Dudeja...

Non-Filing Of ITR By Creditor Not Proof For Lack Of Creditworthiness: Patna High Court Deletes Income Tax Additions

The Patna High Court has held that the Income Tax Appellate Tribunal was not justified in restoring an addition of ₹1.91 crore under Section 68 of the Income Tax Act after reversing a reasoned order of the Commissioner of Income Tax (Appeals), where the assessee had produced documentary evidence and the Assessing Officer's remand report did not disclose any adverse material. A...

Calcutta High Court Sets Aside Ad-Interim Injunction In JW Marriott Basement Club Dispute Over Lack Of Territorial Jurisdiction

The Calcutta High Court has set aside an ad-interim injunction granted by the City Civil Court in a contractual dispute concerning the “GOLD” club operating from the basement of JW Marriott, Kolkata, holding that the Trial Court lacked territorial jurisdiction.A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, hearing FMAT 495 of 2025 (Fabwarth Promoters Pvt...

Child Welfare Committees Have No Power To Recommend Action Against Schools Under Juvenile Justice Act: J&K&L High Court

Holding that a Child Welfare Committee (CWC) has no statutory authority to recommend punitive or legal action against educational institutions, the High Court of Jammu & Kashmir and Ladakh has set aside an order passed by the Child Welfare Committee, Srinagar, which had recommended action against a private school for allegedly expelling a minor student.Justice Sanjay Dhar made it clear...

Levy Of Service Tax On 'Access To Amusement Facilities' Unconstitutional: Kerala High Court

The Kerala High Court held that the levy of service tax on 'access to amusement facilities' is unconstitutional, as the entire activity squarely falls within the State's taxing power under Entry 62 of List II (entertainments and amusements) of the Constitution of India.Justices A. Muhamed Mustaque and Harisankar V. Menon stated that the provisions of the Entertainments Tax Act also seek to...

Rajasthan High Court Orders Fresh Physical Test For Woman Constable Candidate Who Appeared Soon After Childbirth

The Rajasthan High Court has directed the State to “sympathetically” grant another opportunity to a woman candidate to appear in the Physical Efficiency Test (“PET”) for the post of constable-driver, who was disqualified from the PET in the selection process after she could not qualify in the running test since she had given birth just 15 days back.The bench of Justice Munnuri...

Customs Act | Penalty Cannot Be Sustained Solely On S. 108 Statements Without Compliance Of S. 138B: Kerala High Court

The Kerala High Court held that statements recorded under S. 108 of the Customs Act cannot form the basis for imposing penalties unless the mandatory procedural safeguards under Section 138B are complied with.Justices A. Muhamed Mustaque and Harisankar V. Menon opined that Section 138B is essentially in the form of a procedural safeguard regarding the admission of statements under Section 108...

Bhagavad Gita Is Not Religious Text, It's Moral Science: Madras High Court Sets Aside FCRA Rejection Of Trust Teaching Gita, Yoga

While setting aside the Central Government's order refusing registration under the Foreign Contribution (Regulation) Act 2010 to a trust engaged in the teaching of yoga, the Madras High Court recently remarked that Bhagavad Gita is not a religious book, but more about moral science. “During the course of arguments, it emanated that because the petitioner is also engaged in imparting...

Rajasthan High Court Issues Prospective Directions On Conducting Student Union Elections To Balance Democracy & Academic Discipline

The Rajasthan High Court recently refused to entertain pleas by students challenging inaction by State in conducting Student Union elections for 2025-26 for the State University, holding that the petitioners lacked locus standi and the pleas were filed at a pre-decisional stage in the absence of any demonstrable violation of legal or fundamental right.Justice Sameer Jain said that even...