Attachment Under Banning Of Unregulated Deposit (BUDS) Act Doesn't Have Precedence Over SARFAESI/ IBC Proceedings: Kerala HC

The Kerala High Court held that attachment under the Banning of Unregulated Deposit Schemes Act (BUDS Act) does not have precedence over proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act) or the Insolvency and Bankruptcy Code (IBC)Section 13 of the BUDS Act says that an order of provisional attachment passed by...

Not Proper If Anything Left Unregulated: Madras HC On Gaming Companies' Plea Against KYC, Time Restrictions In Real-Money Games

A group of online gaming companies have approached the Madras High Court challenging the regulations brought in by the Tamil Nadu Online Gaming Authority making KYC verification mandatory for playing real money games and also instructing gaming companies to impose a 'blank hour' from 12 am to 5 am restricting the players from playing real money game during this time. The bench of...

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...