Employee's Service In NTPC School, Approved By West Bengal Board , Must Be Considered For Pension: Calcutta HC

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that the employee's service at NTPC High School (7th April 1993 to 4th July 2002), though in a recognized unaided institution, must be considered for pensionary benefits as it was approved by the West Bengal Board of Secondary Education, Government of West Bengal. Background...

Allahabad High Court Quarterly Digest : October To December 2024

ORDERS/JUDGMENTS OF THE QUARTER [OCTOBER 2024-DECEMBER 2024]Civil Judge Has No Jurisdiction To Entertain Suit Filed U/S 92 CPC Or Under Section 2 Of Religious Endowment Act, 1863: Allahabad High Court Case Title: Jyantri Prasad And 9 Others v. Shri Ram Janki Lakshman Ji Virajman Mandir,Pratapgarh Thru. Ram Shiromani Pandey And 2 Others [MATTERS UNDER ARTICLE 227 No. -...

Sambhal Row | Mosque Committee Challenges Trial Court's Survey Order In Allahabad HC; Advocate Commissioner Files Sealed Report

The Shahi Jama Mosque Committee at Chandausi (Sambhal) has moved the Allahabad High Court challenging the trial court's order passed on November 19 directing an Advocate Commissioner to survey the mosque in a suit which claimed that the mosque was built after destroying a temple. This development comes as the Advocate Commissioner submitted the survey report to the trial court in a...

Prior Option To Work As Para Teacher Shouldn't Act As Deterrent, Calcutta HC Permits To Work As Samprasarak For Better Service Benefits

A single judge bench of the Calcutta High Court comprising of Saugata Bhattacharyya, J. held that prior exercised option to work as a para teacher should not act as a deterrent to the employee to work as Samprasarak/Samprasarika to avail better service tenure and benefits. Background Facts In 2019, School Education Department of the Government of West Bengal issued...

Illegal Termination During Probation, Chhattisgarh HC Declines To Review Judgement

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that a review cannot be used to reargue the case or introduce new arguments without an apparent error or new evidence. Therefore, the employee, who was illegally terminated, was allowed to continue her service. Background Facts The employee was appointed on probation for a period of...

Termination Of Services Of Anganwadi Supervisor Without Following Procedure, Patna HC Revokes.

A single judge bench of the Patna High Court comprising of Justice Bibek Chaudhuri held that termination of Anganwadi Supervisor from the service without following the termination procedure under Clause XIV of the Pervekshika Niyojan Margdarshika is invalid. Background Facts The State Government created the Anganwadi Center No. 206 in Ward No. 8, Pilapur, Bhojpur District....

Kerala HC Suggests Constitution Of A Tribunal Or Ombudsman To Hear Grievances Related To 'School Kalolsavam'

The Kerala High Court suggested constituting a body in the nature of Tribunal or Ombudsman for considering grievances related to School Kalolsavam an annual art event organized by the state government comprising of competitions for school students across the state.Justice C. Jayachandran made this observation taking into account that large number of cases relating to School Kalolsavam was...

Calcutta High Court Annual Digest: Part-I [Citations: 1-99]

ORDERS/JUDGEMENTSUse Of 'Silk' To Denote Paint's Finish Customary, Can't Be Protected As Trademark: Calcutta High Court Dismisses Berger's Plea Against JSW PaintsCitation: 2024 LiveLaw (Cal) 1Case: Berger Paints India Limited v JSW Paints Private LimitedThe Calcutta High Court recently dismissed an interim injunction application in a suit filed by Berger Paints to restrain JSW Paints from...

Following A Girl Only Once Will Not Amount To Stalking: Bombay High Court

In a significant order, the Nagpur bench of the Bombay High Court recently held that merely following a girl or a victim once, will not amount to stalking as prescribed under the 354-D of the Indian Penal Code (IPC) and the provisions under the Protection Of Children from Sexual Offences (POCSO) Act.Single-judge Justice Govind Sanap delivered the ruling on December 5, 2024, while acquitting...

Reassessment U/S 150 Of Income Tax Act Can't Be Initiated On Mere 'Incidental' Findings Of Appellate Authority: Delhi High Court

The Delhi High Court has held that Section 150 of the Income Tax Act, 1961 can be invoked for reassessment only to give effect to a 'conclusive finding' by an appellate authority regarding escapement of income by an assessee. Section 150 makes provision for cases where assessment is in pursuance of an order on appeal, etc. It empowers an Assessing Officer to issue reassessment...

Commissioner Cannot Use Its Power U/S 107(2) CGST Act To Review Order Passed By Appellate Authority: Delhi High Court

The Delhi High Court has made it clear that a Commissioner under the Central Goods and Services Tax Act 2017 cannot, in purported exercise of its powers under Section 107(2), sit in appeal over an order passed by the Appellate Authority. Section 107(2) empowers the Commissioner to call for and examine the record of any proceedings in which an adjudicating authority has passed any...

Court's Jurisdiction U/S 34 Of Arbitration Act Against Award Under MSMED Act Is Determined By Agreement Between Parties: Gujarat HC

The Gujarat High Court bench of Mrs. Chief Justice Sunita Agarwal and Mr.Justice Pranav Trivedi of has held that the jurisdiction of the Court to hear the application under Section 34 of the Arbitration Act' 1996 as to challenge the award passed under Section 18(4) of the MSMED Act' 2006, would be governed by the agreement between the parties which has conferred exclusive jurisdiction...