All High Courts
Delhi High Court Weekly Round-Up: March 10 To March 16, 2025
Citations 2025 LiveLaw (Del) 299 to 2025 LiveLaw (Del) 320NOMINAL INDEXRattan India Power Ltd. v. BHEL 2025 LiveLaw (Del) 299 Eureka Forbes Limited vs.Om Sai Enterprises & Ors 2025 LiveLaw (Del) 300 Puma SE vs. Mahesh Kumar 2025 LiveLaw (Del) 301 JSD Traders LLP v. Additional Commissioner, GST 2025 LiveLaw (Del) 302 Ramada International, Inc. vs. Clubramada Hotels And Resorts...
Withdrawal Of MSMED Council Application Does Not Preclude Arbitration U/S 11, Even Without Council's Response: Delhi High Court
The Delhi High Court bench of Justice Subramonium Prasad held that withdrawal of an application before the MSMED Council does not bar a party from seeking the appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996, even in the absence of any corresponding response from the MSMED Council. Brief Facts: Respondent No. 2 and 3 approached...
Jharkhand HC Directs Tax Authorities To Follow Due Procedure While Passing Orders; Imposes Costs For Passing Order Violating Natural Justice
The Jharkhand High Court directed the state tax authorities to follow due procedure while passing adjudication orders. The Division Bench of Chief Justice Ramachandra Rao and Justice Deepak Roshan stated that “despite directions issued by the Court, it appears that State Tax authorities are continuing to conduct adjudication proceedings in utter disregard to the mandatory provisions...
Forgery Of Docs In Public Recruitment Exam Defeats Genuine Candidates' Rights: Punjab & Haryana HC Directs Probe Into Fake Certificates
Taking exception to cases of forgery in public recruitment exams, the Punjab & Haryana High Court has directed the Staff Selection Commission – North West Region, to report all cases of document forgery to the office of the Senior Superintendent of Police for action under the Bharatiya Nagarik Suraksha Sanhita, 2023.The writ was filed challenging the debarment order, issued by the...
Look-Out Circular Is A Coercive Measure, Has Adverse Consequences: Andhra Pradesh HC Says Authorities Should Apply Mind Before Issuing LOCs
Justice Subba Reddy Satti of the Andhra Pradesh High Court has held that a Look-Out Circular (LOC) is a coercive measure that certainly has adverse civil consequences inasmuch as it makes “a person surrender and consequentially interferes with his right to personal liberty and free movement.”The Court further held that the issuing authority should apply its mind to the facts of each...
Orissa HC Issues Guidelines For Disposal Of Mutation Cases Based On Wills Executed Under Ex-Princely States, Says Probate Not Required
The Orissa High Court has reiterated that probate of Wills executed in ex-princely states/Gadajat states is not necessary and thus, the revenue authorities can proceed for mutation on the basis of un-probated Wills in such areas.A Single Bench of Justice Ananda Chandra Behera referred to a number of precedents on the above position of law and clarified that –“If the Wills are executed in...
NDPS Act | Case Involving Small Quantity Bailable Under BNSS, Accused Entitled To Bail Without Filing Plea: Punjab & Haryana High Court
In a significant development, the Punjab & Haryana High Court has said that case involving small quantity under the NDPS Act is "Bailable" by operation of BNSS and accused will be entitled for bail without filing bail application.The case pertains to the alleged recovery of 1 gram of heroin. The petitioner was arrayed as an accused based on a disclosure statement. Following a chance...
Elderly Man Using “Lathi” Not A Weapon: Punjab & Haryana HC Modifies 100-Yr-Old's Murder Conviction To Culpable Homicide Not Amounting To Murder
The Punjab & Haryana High Court has altered a 100 year old man's murder conviction to culpable homicide not amounting to murder, noting that he delivered a single blow with his lathi, which is not a weapon and is typically carried by elderly persons in villages.Justice Gurvinder SIngh Gill and Justice Jasjit Singh Bedi said, "The question that there arises for consideration is as to...
Leave Encashment Benefit Can't Be Withheld Only Due To Pendency Of Judicial Or Disciplinary Proceedings: Orissa High Court
The Orissa High Court has reiterated that the leave encashment benefit of a retired government employee cannot be withheld only on the ground that a judicial or disciplinary proceeding was pending against him at the time of his superannuation.While setting aside the order, by which the said post-retirement financial benefit of the petitioner was kept at bay, the Single Bench of Justice...
Unnecessarily Subjecting Child To Medical Exam Will Cause More Mental Stress: Madras HC Asks Hospitals To Examine Victims Based On Complaint In POCSO Cases
Noticing the routine manner in which every child in a case under the Protection of Children from Sexual Offences Act (POCSO) was being subjected to medical examination mechanically, the Madras High Court has asked the doctors and hospitals to conduct medical examinations based on the nature of the complaint. A special bench of Justice N Anand Venkatesh and Justice Sunder Mohan, which...
Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC
The Kerala High Court stated that Writ Court shall not reappreciate evidence in disciplinary proceedings while exercising powers under Article 226 or 227 of the Constitution. The Court further stated that the Writ Court shall only interfere in the Inquiry Officer's findings of guilt only if they are perverse.The Division Bench of Justice Anil K.Narendran and Justice Muralee Krishna S....