Classification Based On 'Educational Qualification' For Promotion Not Violative Of Article 14&16 Of Constitution: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Tuesday held that classification on the basis of educational qualification for promotion is permissible in law and does not offend Article 14 and 16 of the Constitution of India. The bench comprising Justice Sanjeev Kumar also underscored that the prescription of higher qualification for promotion to a superior post from a subordinate one...

"Mother's Indefeasible Right": P&H High Court Grants Infant's Interim Custody To Mother For The Purpose Of Breastfeeding

In a significant order, the Punjab and Haryana High Court recently directed the handing over of the custody of a four-month-old boy to his biological mother for the purpose of breastfeeding.However, the High Court's bench of Justice Sureshwar Thakur did clarify that the custody would be interim in nature for the limited purpose of breastfeeding the Child. In this regard, the Court also...

Woman Commits Suicide After 17 Yrs Of Marriage: Telangana High Court Says No Presumption Of Abetment Against Husband

The Telangana High Court recently refused to apply presumption of abetment against a man whose wife committed suicide after 17 years of marriage.Justice K. Surender observed: "When there are no specific allegations in the background of the 1st respondent/A1 taking care of the deceased in all respects as admitted by P.Ws.1 to 3, it cannot be said that only for the reason of the...

Levy Of GST On Mining Royalty: Rajasthan High Court Grants Interim Protection To Petitioners

The Rajasthan High Court has granted stay on recovery of GST on royalty paid by the Petitioners on mining activity.The order comes in a bunch of writ petitions filed primarily involving the issue of permissibility of raising demand of GST on royalty. The petitioners in these petitions challenged the notifications whereby, royalty paid by them on mining activity is being subjected to GST...

Difference Between "Per Incurium" & "Sub Silentio" -Explainer

Those things which have been so often adjudged ought to rest in peace. This statement by the English jurist, Lord Coke succinctly summarizes the jurisprudential force of the doctrine of precedent. The doctrine of precedent occupies an important position in the organization of any judicial system. It implies that a decision by a court higher in the pyramid of judicial hierarchy, binds...

Enhancing Retirement Age Of AYUSH Doctors A Policy Decision: Kerala High Court Asks State To Decide Expeditiously

The Kerala High Court on Monday set aside the order of the State Administrative Tribunal that directed the State government to enhance the retirement age of doctors in the AYUSH department to 60 years as done for doctors in the Health Department, citing that this was a state policy.A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Mohammed Nias C.P thereby directed the State...

Karnataka High Court Seeks Suggestions From High Powered Committee To Bring Dropped Out Children Back To School

The Karnataka High Court on Wednesday directed the High Power Committee constituted by it to consider the issue pertaining to 'out of school children' and suggest measures to bring the children who have dropped out to bring them back to school. A division bench of Acting Chief Justice Alok Aradhe and Justice J M Khazi were informed about the memo dated June 1, filed by Senior Advocate K...

EPS v OPS : Supreme Court Stays Madras HC Order Which Restrained AIADMK General Council From Passing Resolutions

In the dispute between Edappadi K Palaniswami(EPS) and O Paneerselvam (OPS) regarding the leadership of AIADMK party, the Supreme Court on Monday stayed the Madras High Court division bench's order staying the passing of resolutions in AIADMK General Council Meeting.A vacation bench comprising Justices Dinesh Maheshwari and Krishna Murari passed the interim order in the special leave...

Person Who Is Absconding And Evading Execution Of A Warrant Not Entitled To Anticipatory Bail: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has observed that a person against whom a warrant who is absconding and evading the execution of a warrant, is not entitled to the concession of anticipatory bail.The Bench of Justice Javed Iqbal Wani observed thus while denying pre-arrest bail to one Amit Kumar Gupta who has been booked for offences punishable under Section 304/34 IPC.The case...

Breaking: Supreme Court Refuses To Interfere With Order Granting Anticipatory Bail To Actor Vijay Babu In Rape Case, Modifies Conditions

The Supreme Court on Wednesday refused to interfere with the anticipatory bail granted to Malayalam film producer-actor Vijay Babu in a rape case alleged by another actor. It however made it clear that Vijay Babu shall not leave the State of Kerala without prior permission of the court. He is also restrained from making social media posts in connection with the case.A vacation bench...

Madhya Pradesh High Court Directs Department To Issue Fresh Reassessment Order For Not Considering Reply

The Madhya Pradesh High Court bench of Justice Sujoy Paul and Justice Prakash Chandra Gupta has held that the reassessment order was passed without considering the reply to the show cause notice and directed the department to pass a fresh order. The petitioner/assessee claimed that after receiving a notice under Section 148A(b) of the Income Tax Act, he filed a reply on March 15,...

Madras High Court Allows Re-Exportation Of Betelnut Products Subject To Execution Of A Bond To Cover Value Of Goods

The Madras High Court bench of Justice S.S. Sundar and Justice S.Srimathy has allowed the re-exportation of betelnut products subject to the execution of a bond to cover the value of the goods. The respondent/assessee imported betelnut products with a particular description. The department stated that the assessee had imported goods by mistake. The appellants sought to levy duty...