[CGST Act] Penalty Is An 'Additional Tax', Cannot Be Levied Under State Act Without 'Charging Provision': J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has ruled that the penalty under the Central Sales Tax Act cannot be imposed by invoking provisions of the State Act in the absence of an express charging section.The Court held that the Central Act is a “self-contained code” and provides its own framework for imposition of penalties, which cannot be supplemented by state laws.A bench headed...

Will Expeditiously Notify Minimum Standards For Diagnostic Sample Collection And Transport Policy: Centre Tells Delhi High Court

The Central Government recently informed the Delhi High Court that it will expeditiously notify the minimum standards for diagnostic sample collection and sample transport policy. In an order passed on July 18, Justice Anish Dayal noted that that the minimum standards have been approved, are only awaiting the notification and that the process may be accomplished within the next three...

Terminating Contractual Employee By Calling Her 'Vulnerable', 'Unfit For Job' Without Inquiry Was Stigmatic: J&K&L High Court Aids Ex-Anaesthetist

The Jammu & Kashmir and Ladakh High Court has strongly criticized the government's decision to terminate a contractual Anaesthetist by labeling her as "vulnerable" and "unsuitable for government service" without holding any inquiry or issuing a show-cause notice.A bench of Justice Sanjay Dhar observed “The impugned communication... shall not come in the way of the petitioner's...

'Violates Right To Take Marriage Decision': High Court Grants Relief To Inter-Faith Couple After Delhi Police Fails To Provide Protection

The Delhi High Court has recently granted relief to an inter-faith couple after the Delhi Police failed to grant them protection by facilitating their stay in a safe house, and rather allegedly and forcibly separating them and detaining the woman in a shelter home. Justice Sanjeev Narula recorded the argument of the man who claimed that the said action was taken by the Delhi Police despite...

CCS (Leave) Rules, 1972 | Maternity Leave For Third Child Can't Be Denied If First Two Children Were Born Before Joining Service: HP High Court

The Himachal Pradesh High Court has held that if two children of a government servant were born before joining government service and the third child is born after joining service, maternity leave under Rule 43(1) of the Central Civil Services (Leave) Rules, 1972 can't be denied.Justice Sandeep Sharma remarked that: “petitioner herein had given birth to two children prior to her induction...

Delhi High Court Grants Interim Relief To Ching's, Restrains Local Manufacturer From Using 'Schezwan Chutney' Mark

The Delhi High Court has granted interim relief to Capital Foods Private Limited- known from the brand “Ching's”, and has restrained a manufacturer from manufacturing and selling products under the mark “Schezwan Chutney.”Justice Manmeet Pritam Singh Arora granted ex parte ad interim injunction in favour of Ching's and restrained the manufacturer- Pitambari Products Private Limited...

Kerala High Court Directs State To Re-Examine MGNREGA Social Audit Society's Composition To Ensure Its Independence

The Kerala High Court recently passed a judgment directing the State government to constitute a committee to look into the independence of the Social Audit Society under the Mahatma Gandhi National Rural Employment Guarantee (MGNREGA) Scheme.The Bench comprising Chief Justice Nitin Jamdar and Justice Basant Balaji was considering a PIL filed by Adv. George Pulikuthiyil, former ombudsman of...

Lady Deported To Pakistan After Pahalgam Attack Allowed To Return: Centre Tells J&K&L High Court

The Jammu & Kashmir High Court disposed of two appeals after noting the Centre's decision to grant a fresh visitor visa to Pakistani national Rakshanda Rashid, who was deported earlier this year following a blanket visa revocation in the wake of the Pahalgam terror incident.A Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal recorded the Union Government's...

P&H High Court Denies Pre-Arrest Bail To Man Who Replaced National Flag With Saffron Flag Atop Mosque

The Punjab and Haryana High Court has refused to grant anticipatory bail to a man accused of replacing the national flag with a saffron flag atop a mosque.The FIR was lodged under Sections 299, 3(5), 61(2) 196, 238 of the BNS and Section 2 of the Prevention of Insult to National Honours Act, 1971 at a Gurugram's police station.Justice Manisha Batra said, “The gravity of the offence and...

Stop Unauthorised Construction Or Encroachment In Sarojini Nagar Market: Delhi High Court To NDMC

The Delhi High Court has directed the New Delhi Municipal Corporation (NDMC) to forthwith stop the unauthorised or illegal construction in city's Sarojini Nagar market.Justice Mini Pushkarna sought response of the NDMC on the action taken by it against alleged illegal encroachment by the shopkeepers in the Sarojini Nagar market. The Court issued notice on a plea filed by Sarojini Nagar...

Marriage With Minor Invalid, Can't Be Invoked To 'Sanitize' Rape Offence: Delhi High Court

The Delhi High Court has observed that since marriage with a minor is legally void under Indian law, it cannot be invoked to “sanitize” the offence of rape.“Moreover, a marriage with a minor is not only invalid under Indian law but also irrelevant for the purpose of determining the applicability of the offence of rape when the prosecutrix is under the age of consent. In other words,...

Overloading Passenger Vehicle Did Not Lead To Accident, Not A Breach Of Policy: HP High Court Directs Insurance Company To Pay Compensation

The Himachal Pradesh High Court held that overloading of a passenger vehicle is not a violation or fundamental breach of the terms of the insurance policy unless it is related to the cause of the accident.Relying on the decision of Supreme Court in National Insurance Co. Ltd. v. Swaran Singh, 2004 which held that the breach on the part of the insured must show that the accident or damage...