All High Courts
Proceedings U/S 37 A Of FEMA Can't Be Continued During Moratorium U/S 33(5) Of IBC: Calcutta High Court
The Calcutta High Court bench of Justice Jay Sengupta has held that once a liquidation order against the Corporate Debtor is passed, all proceedings including those pending at the time of such order under the Foreign Exchange Management Act, 1999 (FEMA) cannot be continued, nor can any new proceedings be initiated, in view of the bar under Section 33(5) of the Insolvency and Bankruptcy...
Rajasthan HC Grants Relief To Eligible Govt Lecturer Denied Selection Scale For Not Signing Application Form Despite Filling It Correctly
The Rajasthan High Court granted relief to a government lecturer who was denied grant of selection scale on the ground that he failed to affix his signatures on the application form that was submitted by him for the same.Justice Vinit Kumar Mathur in his order said:"Merely because, non-affixing his signatures on the application form cannot be a ground to deny benefit of grant of selection...
Payment Of Gratuity Delayed Beyond One Month Of Retirement, Attracts 10% Interest: Bombay HC
Bombay High Court: A division bench comprising of Justices Ravindra V. Ghuge and Ashwin D. Bhobe held that Nowrosjee Wadia College had to pay gratuity with 10% interest to a retired teacher, as their retirement benefits had been delayed without justification. The court held that educational institutions cannot withhold gratuity for more than one month, even if there are disputes over...
Resumption Proceedings Cannot Be Invoked Over Sold Property, Would Violate Article 300A: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that a property which is sold by a registered sale deed cannot be taken back by invocation of resumption proceeding, observing that the same will amount to violation of right to property under Article 300-A.Justice Sureshwar Thakur and Justice Vikas Suri said, "the instant invocation of the power of assumption, thus on any purported breach of...
Can't Issue Guidelines In Absence Of Statutory Backing: Bombay HC Remarks In Plea Seeking To Create A Fund For Wrongly Incarcerated People
While permitting withdrawal of a PIL seeking funds to compensate wrongly incarcerated persons, the Bombay High Court on Wednesday (April 23) orally remarked that in the absence of statutory backing, it cannot issue guidelines to the union or state government under Article 226 of the Constitution.The PIL filed by a 90-year-old man sought directions to create a fund for compensating undertrials...
MP High Court Upholds Order Confirming 6-Month Detention For 21 Yr Old Accused Of Repeated Drug Trafficking Despite Bail
The Madhya Pradesh High Court has upheld an order detaining a 21-year-old man for six months who was allegedly involved in continuous illicit trafficking of narcotic drugs even after being released on bail.The court opined that the order was desirable and in the interest of the society.A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “The petitioner, who is...
Will Register FIRs Against Those Unauthorisedly Sub-Letting Property: DGP Informs Madras High Court
The Director General of Police has informed the Madras High Court that FIRs will be registered against persons who fraudulently sublet property without the authorisation or consent of the house owner and thus cheat the house owner and third parties. The submission was made before Justice AD Jagadish Chandira, who had asked the police authorities to bring in awareness about the issue....
Service Of Notices & Orders Through Common Portal Is A Valid Mode Of Service U/S 169 Of GST Act: Madras High Court
In a recent ruling, the Madras High Court held that service of notices and orders through Common portal is a valid mode of service in terms of Section 149 of the GST Act. The bench rejected the argument that the GST portal is not a “designated computer resource of the assessee” and hence as per Sec. 13 (2) (a) (ii) of the Information Technology Act, receipt occurs only when...
Increase Of Working Hours Without Compensation In Government Mints, Calcutta High Court Finds Tribunal Award Reasonable
Calcutta High Court: A single judge bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging the Industrial Tribunal's award that denied compensation to mint workers for increased working hours. The court found that extending working hours from 37½ to 44 hours per week as recommended by the 5th Pay Commission was reasonable, as it was accompanied by enhanced pay...
Delhi High Court Issues Notice On Plea Alleging Swiggy, Zepto Mobile Apps Are Inaccessible For Persons With Disabilities
The Delhi High Court on Wednesday (April 23) issued notice on a plea alleging that the mobile applications of Swiggy and Zepto platforms are inaccessible for Persons with Disabilities (PwDs).Justice Sachin Datta sought response of the Union Ministry of Electronics & Information Technology, Swiggy and Zepto. The matter has been fixed for hearing on May 28. The petition has been filed...
Transfer From CMO To Hospital's Deputy Controller A Reduction In Rank, Amounts To Deputation For Which Consent Is Needed: Rajasthan HC
The Rajasthan High Court quashed an order where a government employee serving as Chief Medical and Health Officer (CM&HO) Udaipur was transferred as Deputy Controller of District Hospital, Pratapgarh observing that it amounted to deputation for which the employee's consent is mandatory which was missing herein. In doing so the court set aside the single judge's order which had upheld...