Education Cess Lawfully Refunded To The Assessee, Can't Recover Later Based On Change Of View Of The Supreme Court: J&K and Ladakh High Court

The High Court of Jammu & Kashmir and Ladakh has ruled that the revenue department cannot seek the return of the amounts lawfully refunded to the assessee in consonance with an earlier decision of the Supreme Court, on the ground that the Supreme Court has changed its opinion on the said matter in a decision rendered subsequently. The Bench, consisting of Chief Justice Pankaj...

'Madrassas Won't Lose Minority Status By Mere Receipt Of State Aid' :Plea In Supreme Court Challenges Assam Repealing Act 2020

A Special Leave Petition has been filed in the Supreme Court challenging Gauhati High Court's order of upholding the constitutionality of the law passed by the Assam assembly in 2020 of converting State-funded Madrassas (called "provincialized Madrasas") into general schools ("impugned law"). The SLP assails High Court's order dated February 4, 2022 by which the bench of Chief...

Tripura High Court Orders Home Department To Issue Advisory To Police For Strict Compliance With 'Lalita Kumari' Guidelines

In a significant development, the Tripura High Court has recently ordered the Secretary, Home Department of the State to hold high level meeting with top police officials and to issue an advisory for strict compliance with guidelines rendered in Lalita Kumari v. Government of Uttar Pradesh. It further mandated all the Officers-in-Charge of police stations to provide free copy of FIR ,...

BREAKING| Kerala High Court Grants Interim Pre-Arrest Bail To Actor-Producer Vijay Babu In Rape Case

The Kerala High Court on Tuesday granted interim pre-arrest bail until next posting of the case to Malayalam actor-producer Vijay Babu's plea for anticipatory bail in the case where an actress accused him of sexually exploiting her.Justice Bechu Kurian Thomas directed so after noting that the actor was willing to submit himself before the jurisdiction of the Court and that he was...

Senior Lawyers With 20 Yrs Experience Must Guide At Least 15 Juniors, Opines Supreme Court

A vacation bench of the the Supreme Court on Tuesday orally remarked that every senior lawyer who has 20 years of experience in the Bar must undertake to guide at least 15 junior lawyers. Asking the Senior Advocates to devise some modalities to impart guidance to juniors on court-craft and etiquette, the vacation bench of Justices Ajay Rastogi and BV Nagarathna said, "Every senior...

Election Cannot Be Said To Have Commenced If Notified By A Body Not Empowered To Do So: Orissa High Court

The Orissa High Court has quashed a notification issued by an appealing body of the Odisha Medical Services Association ('OMSA'), which notified election for the Association. A Single Bench of Justice Arindam Sinha, while concluding that the notification was issued without any authority as it was done in violation of the body's constitution, observed, "This Bench is in...

'Most Students From Rural & Poor Background' : Supreme Court Says NIOS Must Endeavour To Fix Exam Centres Within 10 KMs Of Institutions

Allowing a writ petition filed by a school, the Supreme Court observed that National Institute of Open Schooling (NIOS) has a duty to fix examination centres in a manner to enable students to appear in the examination with certainty and ease."It is for NIOS to go an extra mile rather than expecting the students to walk long distances from villages and towns to take the examination", the...

Gujarat High Court Orders Regularization Of Multi-Purpose Health Workers Engaged In Contractual Service

Ensuring that no discrimination is borne by Multi-Purpose Health Workers (Male), the Gujarat High Court has recently held that they shall be entitled to regular pay scale from their original date of appointment and consequential benefits which were paid to similarly situated employees way back in the year 2011 and 2016. Justice Biren Vaishnav referred to previous orders of the High Court...

[Gyanvapi Mosque Survey Video Leak] Plaintiff Rakhi Singh Moves Varanasi District Court Seeking CBI Probe

One of the plaintiffs in the ongoing Kashi Vishwanath Temple-Gyanvapi Mosque dispute, Rakhi Singh has moved the Varanasi District Court seeking a CBI probe into the leak of the Gyanvapi Mosque Survey Video and pictures.It may be noted that yesterday, the district court had given the sealed copies of the survey footage to four of the five Hindu women petitioners, on the condition that they...

Service Of Summons Not Complete If Accepted By "Alleged Wife" Of Party Summoned: Bombay High Court

The Bombay High Court stated yesterday regarding service of summons that the suit summons was never served on the Petitioner as it was accepted by Respondent No. 3 falsely claiming to be his wife. There was want of knowledge on the part of the Petitioner about the suit proceedings as well as the ex parte decree; consequently the court condoned the delay in filing First Appeal before...

Criminal Proceedings For Offence Of Rape Can Be Closed On Account Of Settlement Between Parties: Karnataka High Court

The Karnataka High Court recently held that closure of proceedings on account of settlement arrived at between the parties even for offence of Rape, punishable under Section 376 of the IPC, is permissible. Observing thus, it quashed the proceedings pending against four persons on the complaint made by a woman belonging to the same family. A single judge bench of Justice...

Sidhu Moosewala Murder: Lawrence Bishnoi Moves Delhi High Court Apprehending Fake Encounter By Punjab Police

Lawrence Bishnoi has moved the Delhi High Court in connection with the murder of renowned Punjabi Singer Sidhu Moosewala on May 29, seeking necessary security arrangements to him, apprehending a fake encounter by the Punjab Police. Bishnoi is presently lodged in judicial custody in city's Tihar Jail in connection with a MCOCA case. The plea states that a press conference was done by the...