UP Stamp Act | 2021 Amendment Imposing Limitation On Refund Not Applicable To Agreement Entered Prior To Amendment: Allahabad HC

The Allahabad High Court has quashed an order rejecting refund of stamp duty, holding that a retrospective amendment in 2021 to the state stamp act imposing a limitation period cannot extinguish a right based on the agreement entered into prior to the amendment.Petitioners had purchased stamp papers worth ₹4,37,000 in 2015 for executing a tripartite sale and sublease agreement with the...

"Would Change Rules Of Game": Madras HC Rejects Plea By Disabled Candidate Who Failed To Sign Answer Sheet Of Civil Services Exam

The Madras High Court recently refused to grant relief to a candidate with 60% locomotive disability who had failed to sign his answer sheet while attending the Combined Civil Services Examination-IV (Group-IV Services) examination conducted by the Tamil Nadu Public Service Commission. Justice CV Karthikeyan observed that the commission had provided clear instructions to...

Wife Cannot Implicate Husband's Uncle In Cruelty Case To Pressurize Husband's Family To Return 'Stridhan': J&K High Court

The Jammu and Kashmir High Court has deprecated the practice of arraying the relatives of the husband as accused in the proceedings under Section 498-A IPC to create pressure on the husband and his family members.The court held that no direct accusations were made against the petitioner's relative regarding acts of cruelty or cheating by him. The court added that it appears the petitioner...

Prescribing Minimum Marks In Judiciary Exam Necessary, Otherwise Standards Will Be Diluted: Punjab & Haryana High Court

The Punjab and Haryana High Court today said that that minimum marks prescribed for qualifying district judiciary exam is "is permissible for adjudging the qualities and capacities of the candidate seeking an appointment to judiciary."The candidates in the Haryana District judiciary exam were required to secure at least 50% i.e 500 marks out of the 1000 aggregate marks in the written test...

Failure To Follow Retrenchment Procedure, Employee Crossing Retirement Age, Bombay HC Directs Lumpsum Compensation

Bombay High Court: A Single Judge Bench of Justice Sandeep V. Marne partially allowed a writ petition challenging a Labour Court order. The court held that an employee who had already crossed retirement age could not be reinstated, but was entitled to lumpsum compensation for the period between illegal termination and retirement. The court observed that while the employer had...

Kerala High Court Extends Restrictions On Construction Activities In Munnar To Parunthumpara, Manjumala Villages Of Idukki District

The Kerala High Court has barred construction activities in Manjummala and Parunthampara villages of State's Idukki district, without first obtaining a No Objection Certificate from the Revenue Department and building permit from the concerned Local Self Government Institution. The direction will not be applicable to cases in which orders have already been passed by the High Court or...

Setting Aside Of Arbitral Award Leaves It Open To Parties To Choose To Arbitrate Again: Bombay High Court

The Bombay High Court Bench of Justice Somsekhar Sundaresan has observed that once an arbitral award has been set aside by the court in the exercise of its powers under Sections 34 and 37 of the Arbitration and Conciliation Act, 1996, the parties would be restored to the original position and a fresh arbitration in such circumstances would not amount to the proverbial “second bite at...

Bombay HC Sets Aside ESIC Order For Denying Hearing And Relying On Undisclosed Reports

Bombay High Court: A single judge bench of Justice Sharmila U. Deshmukh set aside the Employees' State Insurance Corporation's (ESIC) rejection of Mondelez India Foods Pvt. Ltd.'s appeal. The court found that ESIC violated principles of natural justice by dismissing the appeal without granting a hearing, despite disputed facts about when the company received the original order. The...

Gujarat HC Rejects Son's Plea Claiming No Liability To Pay Deceased Father's Bank Loan As 'Debt Is Not Heritable Under Muslim Law'

The Gujarat High Court recently rejected a man's plea against dismissal of his application for rejection of suit filed by a bank to recover a loan taken by the man's deceased father, claiming he was not liable to pay his father's bank loan as debt is not heritable property under Muslim Law. The court however said that the contentions made by the son would require a "detailed inquiry during...

Upper Age Limit For Women To Avail ART Services Rational, Difficult For Mother To Support Child During Her Elderly Years: Madras High Court

Justifying the upper age limit prescribed for women under the provisions of the Assisted Reproductive Technology (Regulation) Act 2021, the Madras High Court recently observed that a woman who uses ART services for begetting a child is duty-bound to take care of the child till he/she attains majority. The court thus held that the woman must be biologically and financially capable...

Possession Of Migrant Property Cannot Be Handed Over To Anyone Without Written Consent Of Migrant Owner: J&K High Court

The Jammu and Kashmir High Court upheld the eviction order passed by the Financial Commissioner in evicting the illegal occupant of a migrant property. The court held that the occupant-petitioner herein could not have taken over the possession of the land in question except with the express consent of the migrant in writing, to be handed over by the District Magistrate alone.The court said...

SC/ST Act | "Repeat Appeal" For Bail After Plea Was Dismissed On Merits Not Maintainable Before HC, Accused Can Move Special Court: MP High Court

While answering a reference with respect to the scope of Section 14A(2) of The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, the Madhya Pradesh High Court held that a second criminal appeal against the Special Court or the Exclusive Special Court's original order rejecting bail is not maintainable.The court further clarified that a "repeat appeal" for bail after...