[Departmental Action] Court Testing Vires Of Punishment Order Is Not Appellate Authority, Can Only Test Decision Making Process: Patna High Court

A bench comprising Justice Anil Kumar Sinha of the Patna High Court has recently ruled that while examining the legality of a punishment order in a departmental enquiry, the Court should focus on identifying flaws in the decision-making process, rather than sitting upon the decision itself as an Appellate Authority. In this case, the writ application was preferred against an order...

Some Leeway To Condone Delay In Cases Of Govt Cannot Be Construed As Absolute License To Flout Law: Himachal Pradesh High Court

Dismissing an application seeking condonation of delay filed by the Himachal Pradesh government, the High Court on Friday observed that the law has equal balance for all and though some leeway is permissible in the case of government but that cannot be construed as an absolute license to flout the law at whims. The application was filed alongside an appeal in terms of which the...

Revisional Powers U/S 102 Juvenile Justice Act Vested With High Court, Cannot Be Exercised By Sessions Court/ Children’s Court: Jammu & Kashmir HC

The Jammu and Kashmir and Ladakh High Court has made it clear that a Sessions Court or a Children’s Court cannot entertain a revision petition against the order of Juvenile Justice Board.Justice Sanjay Dhar observed that the power of revision under Section 102 of the Juvenile Justice Act is vested with the High alone. "No such power is vested with the Court of Sessions or Children’s...

There Should Be Level Playing Field For All Political Denominations To Hold Public Rallies In State: Calcutta High Court

The Calcutta High Court recently observed that there should be level playing field for all political denominations and ideologies in the State for holding public rallies, gatherings and meetings. The aforesaid observations were made by a single judge bench of Justice Rajasekhar Mantha while hearing a writ petition filed by a BJP leader challenging the decision of the State Police...

Religious Conversion Laws | Himachal Pradesh Re-enacted Provisions Which Have Already Been Struck Down: CJP Tells Supreme Court

In the batch of petitions challenging religious conversion laws in various States, Citizens for Justice and Peace (CJP) highlighted before the Supreme Court that the State of Himachal Pradesh had re-enacted provisions directing prior intimation to district magistrate before conversion, despite such provisions being already struck down in the judgement of Evangelical Fellowship of India v....

Ensure People In Jammu & Kashmir Have Easy Access To NHRC : Supreme Court Asks Union Govt

Consider Bringing A Mechanism Allowing People In J&K To All

Income Tax Disallowances Made On Ad Hoc Basis Without Specifying A Particular Mistake: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has observed that disallowances have been done on an ad hoc basis without specifying a particular mistake.The two-member bench of Astha Chandra (Judicial Member) and Shamim Yahya (Accountant Member) has set aside the orders of the authorities below and decided the issue in favor of the assessee and observed that AO has not pointed...

Allahabad High Court Irked Over Ongoing UP Power Workers Strike, Issues Bailable Warrant Against Union Leaders

The Allahabad High Court on Friday expressed its displeasure over the ongoing strike by the Uttar Pradesh electricity department employees despite the court's December 2022 order that the power supply should not be disrupted due to the strike by the employees.Issuing contempt proceedings against the Employees' Association and its office bearers, the bench of Justice Ashwani Kumar Mishra...

[Brahmapuram Fire] NGT Imposes ₹100 Crore Fine On Kochi Corporation For Continued Neglect Of Its Duties

The Principal Bench of the National Green Tribunal on Friday came down heavily on Kerala state authorities for their failure to manage waste effectively at the Brahmapuram waste dumping yard, which led to a major fire outbreak on March 2 with devastating consequences. The NGT imposed a fine of Rs. 100 crore on the Kochi Municipal Corporation for the continued neglect of its duties with regard...

Employers Have To Deposit Employees' Contribution Towards EPF/ESI On Time To Avail Income Tax Deduction: ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that employers have to deposit employees' contributions towards EPF/ESI on time to avail of income tax deductions.The two-member bench of Narender Kumar Choudhry (Judicial Member) and Anil Chaturvedi (Accountant Member) has relied on the decision of the Supreme Court in the case of Checkmate Services Pvt. Ltd. vs Commissioner...

Section 9 Of The Arbitration Act Does Not Envisage The Restoration Of Terminated Contract: Delhi High Court

The High Court of Delhi has held that the scope of Section 9 of the A&C Act does not envisages relief in the nature that would restore a contract which already stands terminated. The bench of Justice Chandra Dhari Singh held that the Court while exercising powers under Section 9 of the A&C Act cannot direct specific performance of a determinable contract. It held that a...

Power To Award Interest As Per S. 31 Of Arbitration Act, Applies Only In Absence Of An Agreement: Delhi High Court

The Delhi High Court has ruled that Section 31 (7) (a) of the Arbitration and Conciliation Act, 1996 (A&C Act), which deals with the Arbitrator’s discretion while awarding interest in respect of the pre-reference period, applies only where there is no agreement between the parties with respect to the rate of interest to be awarded. The bench of Justice Chandra Dhari Singh...