All High Courts
Punjab & Haryana High Court Dismisses Plea Challenging 2019 Election Of Shiromani Akali Dal's Sukhbir Singh Badal To Lok Sabha
The Punjab and Haryana High Court has dismissed a petition challenging the Shiromani Akali Dal (SAD) leader and MP Sukhbir Singh Badal's election in 2019 general elections, noting that an election petition cannot be entertained based on vague averments. The election petition had alleged that Badal failed to disclose details of dependent daughters in Form 26, omitted expenditure incurred...
Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court
The Rajasthan High Court bench of Justice Sudesh Bansal has held that the issue of validity of arbitration agreement more particularly in respect of having essential elements of the arbitration agreement, can better be considered and decided on merits by the arbitration tribunal under section 16 of the Arbitration Act. Brief Facts The present application has been filed under section...
Rajasthan HC Rejects Pleas Challenging Answer Key For Dental Medical Officers' Exam Due To Lack Of Palpable And Demonstrable Error
The Jaipur bench of the Rajasthan High Court rejected a bunch of writ petitions challenging the final answer key issued by the Rajasthan University of Health Science for Dental Medical Officer's exam ruling that the only situation in which disputed answer key can be interfered with if it appears to be “palpably and demonstrably erroneous”.In doing so the court found that the RUHS duly...
'Candidates Must Be Given Appropriate And Correct Reasons Behind Their Rejection To Any Post', Delhi High Court
A Division Bench of Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed that while rejecting the appointment of the Petitioner, the Respondents should have conveyed the correct reason i.e., falling in the last priority in the Priority List instead of informing him that he had failed in the written examination. It was observed that such litigations burden...
Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court
The Rajasthan High Court bench of Justice Sudesh Bansal has held that the court under section 11 of the Arbitration Act cannot enter into merits of subject matter of the disputes. It has to see only the prima facie existence of an arbitration agreement. Brief Facts These two Arbitration Applications have been filed under section 11 of the Arbitration Act seeking the appointment...
Bombay High Court Slaps ₹25K Costs On School Clerk For Attempting To 'Hoodwink' Judiciary
The Bombay High Court recently imposed costs of Rs 25,000 on a clerk working in an educational institution, for attempting to 'hoodwink' the judiciary.A division bench of Justices Ravindra Ghuge and Ashwin Bhobe deprecated the practice of litigants filing "chance" petitions."The time has come for this Court to ensure that litigants who attempt to hoodwink the Court, should realize that...
CGST Rules Prescribing Time-Bound Submission Of Declaration Under TRAN-1 To Claim Transitional Credit Not Directory But Mandatory: Rajasthan HC
The Rajasthan High Court has held that Rules prescribing the 'time and manner' for claiming transitional credit, in addition to the statutory procedure provided under Section 140 of the Central Goods and Services Tax Act 2017, are mandatory in nature. A division bench of Chief Justice Manindra Mohan Shrivastava and Justice Munnuri Laxman thus held that prescriptions under Section 117...
"Cannot Force Citizens To Run From Pillar To Post": Bombay HC Slaps ₹1 Lakh Cost On Insurance Company For Circumventing Ombudsman's Order
The Bombay High Court on Monday, while slapping exemplary costs of Rs 1 lakh on an insurance company, ordered the Insurance Regulatory and Development Authority (IRDA) and the Ministry of Finance to consider coming up with a mechanism to keep a check on insurance companies as to whether they are complying with the orders of the Insurance Ombudsman.A division bench of Justices Mahesh Sonak...
Daughter Who Became Widowed/ Divorced After Death Of Govt Employee Parent Falls Outside “Family” Under Pension Rules: Rajasthan HC
Rajasthan High Court rejected a bunch of writ petitions filed by daughters claiming family pension pursuant to their respective parents' death who were government employees, on the basis of them attaining status of a widow or a divorcee, subsequent to their parents' demise.The bench of Justice Dinesh Mehta ruled that the relevant date for determining family's right to receive family pension...
Entire Service Record, Character Rolls & Confidential Reports Of Employee Need To Be Considered Before Passing Order Of Premature Retirement : Chhattisgarh High Court
A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey, while deciding writ petition held that the Government should form opinion that the government employee needs to be compulsorily retired from service only after considering the entire service record, character rolls & confidential reports. Background Facts The petitioner was appointed...
'Sheer Incompetence', Punjab & Haryana High Court Attaches Salaries Of SHO, DSP Over Failure To Track Proclaimed Offender For Almost 2 Yrs
Taking a stern view on “sheer incompetence” of the Punjab Police, the Punjab and Haryana High Court has directed to attach the salaries of a Station House Officer (SHO) and his senior, the Deputy Superintendent of Police (DSP) over their failure in apprehending a proclaimed offender, despite repeated court orders.Justice Harpreet Singh Brar said, "This approach of the Punjab Police...