Can't Seek Defence Of Illiteracy To Perform Illegal Act: Bombay HC Rejects Man's Plea Seeking ₹5 Crore For Removal Of Illegal Structure

While observing that a person cannot be permitted to perform an illegal act in the garb of being "illiterate", the Bombay High Court on Tuesday (February 25) dismissed a man's plea who sought Rs 5 crore compensation from the Navi Mumbai Municipal Corporation (NMMC) for demolishing his "unauthorised" structure.A division bench of Justices Ajay Gadkari and Kamal Khata noted that the petitioner...

Medical Education Needs High Standards, It Affects Public Healthcare: Rajasthan HC Nixes Students' Pleas Barred From Exam For Less Attendance

Rejecting a batch of pleas by medical students barred from sitting for examinations as they didn't attend the prescribed number of classes due to illness or other reasons, the Rajasthan High Court said that attendance in MBBS courses was mandatory and keeping in mind a healthcare provider's role educational standards can't be degraded. In doing so the court underscored that without...

Retrospective Pay Reduction Without Prior Notice And Recovery Of Excess Payments After 19 Years Is Not Permissible : Delhi High Court

A division bench of the Delhi High Court comprising of Justice Rekha Palli and Justice Manoj Jain held that reducing employee's pay retrospectively without prior notice and recovering excess payments after the period of 19 years is not permissible. Background Facts The petitioner initially joined the Border Security Force (BSF) as a Constable on 10.11.1978. He joined the...

J&K High Court Quashes Defamation Case Against Reporter Who Highlighted Misuse Of Hospital Ambulances For Personal Use By Govt Officials

The Jammu and Kashmir High Court quashed a criminal defamation case against a reporter who covered a story relating to the misuse of a public hospital ambulance by government officials. The court held that the news report did not name the respondent, nor was he explicitly quoted as being responsible for the said misuse.The court stated that it was a general report concerning...

Skoda-Volkswagen Case : Bombay High Court Asks Customs Dept To Explain How Show Cause Notice Isn't Time-Barred

In Skoda Auto Volkswagen India's petition challenging a tax demand of USD 1.4 billion by Indian Customs authorities, the Bombay High Court today asked the Customs Authority to file an affidavit explaining why the September 2024 show-cause notice issued to the company is not barred by limitation. “…on the issue of limitation which is factual, please file a short affidavit setting out...

CBDT Cannot Impose Limitations To Extinguish Rights Granted Under Income Tax Act: Delhi High Court

Recently, the Delhi High Court held that Central Board of Direct Taxes (CBDT) cannot impose limitations to extinguish rights granted under Income Tax Act, 1961. The Court held that the wide powers granted to the CBDT are not for extinguishing a right that is conferred by the Act. Accordingly, the Court Circular No. 07/2007 dated 23 October 2007 issued by the CBDT to the be ultra vires the...

Mere Non-Mentioning Of Place Of Arbitration In Arbitral Award Does Not Vitiate It: Allahabad High Court

The Allahabad High Court has held that mere non-mentioning of the place of arbitration in the arbitral award does not vitiate it.An arbitral award between the parties was challenged before the Commercial Court, Prayagraj where it was held that since the place of arbitration was not mentioned in the award, it was non-speaking and was, thus, set aside. Both parties challenged the order of...

'Sleep & Work-Life Balance Necessary': Karnataka HC Sets Aside Suspension Of Constable Found Sleeping On Duty After Regular Double Shifts

The Karnataka High Court has set aside an order of suspension imposed on a constable working with the Kalyan Karnataka Road Transport Corporation on the grounds that he was found sleeping on duty.Justice M Nagaprasanna while allowing the petition filed by Chandrashekhar, highlighted the need for proper sleep and work-life balance for employees. It said, “It is trite, if a person is asked...

No New Flag Masts Or Poles To Be Erected In The State Without Permission From Competent Authorities: Kerala High Court Orders

The Kerala High Court ruled that no temporary or permanent flag masts or poles shall be installed in any public space, puramboke area, or road margins within the State without obtaining the necessary permissions or clearances from competent authorities as required by law.The single bench of Justice Devan Ramachandran further directed the Secretary of the Local Self Government Institutions ...

Alleged Adulterer Should Be Given Opportunity To Disprove Adultery Claim In Divorce Case: Madras High Court

The Madras High Court has recently held that when divorce is sought on the grounds of adultery, the alleged adulterer should be made a co-respondent if the details are known. The court also observed that if the details of the alleged adulterer is not known, the petitioner could be excused from the requirement of impleading the alleged adulterer. “We, therefore, hold that...

Land Acquisition Act | Right To Receive Compensation Crystalizes Only After Claims Over Dispute On Apportionment Is Decided: Telangana HC

The Telangana High Court has s that the entitlement to receive compensation under the Land Acquisition Act would crystallize only after the competent court–to whom a reference is made over a dispute as to the apportionment of compensation–decides the rival claims and rules in the claimant's favour.The high court referred to the court's decision in a 2024 writ petition wherein it had ...

Gujarat HC Paves Way For Two Law Graduates From Unrecognized College To Apply For Civil Judge Post, State Bar Body To Issue Provisional Certificate

The Gujarat High Court on Monday (February 24) directed the State Bar Council to issue provisional certificate of practice to two law graduates, who completed their LL.B. from an unrecognized institution, so as to enable them to participate in the recruitment process to the post of civil judge. Issuing notice to the respondents, Justice Nirzar S Desai in his order said, "In the meantime,...