When Remedy Under Statute Is Available, High Court Should Discourage Writs: Supreme Court Reiterates

The Supreme Court recently reiterated that when a remedy under the statute is available, filing of a writ petition under Article 226 of the Constitution is to be discouraged by the High Court. The bench of Justices Ajay Rastogi & Vikram Nath rendered this observation while considering SLP preferred by secured creditor assailing Telangana HC's orders passed in a...

Rajiv Gandhi Assassination Case: Convict Nalini Withdraws Plea Seeking Emergency Leave For Husband Murugan

S. Nalini, who was one of the convicts in the Rajiv Gandhi Assassination Case, recently withdrew an application she had moved before the Madras High Court seeking emergency leave for her husband- Sridharan alias Murugan, another convict in the case. Nalini's mother, S Padma had previously given a representation dated 21.05.2022 to the respondent Prison Authorities for granting an emergency...

No Smog Tower Installation In Delhi As High Court Corrects Arithmetic Error In Order Imposing 12.5 Cr Cost

The Delhi High Court has made an arithmetic correction in its recent order vide which a hefty cost of Rs. 12.5 crores was imposed on a private company namely SARR Freights Corporation, for concealing the information about its blacklisting in a tender matter.A division bench comprising of Acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh, which had directed that the said cost shall...

"Will Benefit Students" : CIC Directs Bar Council Of India To Publish Inspection Reports Of Law Colleges On Website

The Central Information Commission has directed the Bar Council of India to publish on its website the inspection reports of law colleges. The CIC observed that the disclosure of the inspection reports of the law colleges in the public domain will benefit the student community at large.The Information Commissioner Saroj Punhani passed the order in an appeal filed by one Prasoon...

Tuition Fee Is Taxable Only When A Corresponding Service Is Rendered By The Educational Institution: Hyderabad ITAT

The Hyderabad Bench of ITAT has ruled that the tuition fee collected in advance is not taxable in the year of receipt and that the tuition fee is taxable only when a corresponding service is rendered by the educational institution. The Bench, consisting of K. Narasimha Chary (Judicial Member) and Rama Kanta Panda (Accountant Member), held that examination fee collected from students...

Delhi High Court Quashes Reassessment Order Issued Without Considering The Reply Filed By The Assessee

The Delhi High Court, consisting of Justice Manmohan and Justice Manmeet Preetam Singh Arora, has quashed the reassessment order issued without considering the reply filed by the assessee. The petitioner/assessee stated that the reassessment proceedings initiated by the department were void ab initio. The proceedings were initiated in the name of "Damian Estate...

Amendment With Inconsistent Pleas Without Retracting Wilful Admission In Written Statement Permitted: Kerala High Court

The Kerala High Court has recently ruled that an amendment application containing inconsistent pleas with that of the original written statement can be submitted without withdrawing wilful admission raised in the statement and that such applications were bound to be admissible. Justice A. Badharudeen thereby set aside the order of the lower court which had dismissed an amendment...

"Public Duty On Government Pay Dues": Madras High Court Directs Government To Pay Gratuity And Other Benefits To Employees Of Co-Operative Societies

Justice M. S Ramesh of the Madras High Court recently came to the rescue of employees of Co-operative societies and directed the Chief Secretary, the Secretary (Co-operation), and the Registrar of Co-operative societies, Government of Puducherry to pass orders for disbursement of unpaid salaries, earned leave encashment, EPF Contributions, ESI benefits, and other admissible entailments,...

Interfaith Marriage| Kerala High Court Dismisses Habeas Plea Moved By Husband Finding Wife Feared Ill-Treatment From His Parents

The Kerala High Court recently dismissed a habeas corpus petition filed by a husband seeking the production of his wife in an interfaith marriage finding that the wife had grave apprehensions about her safety at the petitioner's residence. A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran dismissed the petition filed by the husband contending that his wife has...

Likely To Cause Serious Hardship To All Stakeholders: High Court Stays Recent Amendments To Kerala Education Rules For One Month

The Kerala High Court on Monday stayed the operation of the recent amendments to the Kerala Education Rules (KER) for one month as an interim relief in a plea that challenged certain provisions of the said amendment. Justice Raja Vijayaraghavan took the prima facie view that the petitioners had made out a good case on merits. "There appears to be considerable merit in the submission of...

'Sordid State Of Affairs': Calcutta HC Raps CAT For Delay In Case Disposal, Orders Conduct Of Day To Day Hearing To Dispose Matter In 2 Weeks

The Calcutta High Court on Monday came down heavily on the Central Administrative Tribunal for failing to dispose of a matter within a month despite its earlier order, by labelling it to be a 'sordid state of affairs'. A Bench comprising Justice Shampa Dutt (Paul) and Justice Harish Tandon underscored, "It is the sordid state of affairs that despite all requests having been made to the...

"Totally Misread The Judgment": SC Sets Aside Bombay HC Judgment That Dismissed A Writ Petition In A Tender Matter By Citing 'N. G. Projects Ltd.' Case

The Supreme Court set aside a Bombay High Court judgment which dismissed a writ petition by referring to observations made in M/s N. G. Projects Ltd. Vs. M/s Vinod Kumar Jain and others, 2022 LiveLaw (SC) 302.We find that the High court has totally misread the Judgment of this Court, the bench comprising Justices Hemant Gupta and V. Ramasubramanian observed.BackgroundA tender was...