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'Impedes Access To Information': High Court Directs Delhi Labour Dept To Ensure Uploading Of Orders Passed By Employee Compensation Commissioners
The Delhi High Court has directed the Labour Department of the Delhi Government to ensure that orders passed by the Employee Compensation Commissioners are uploaded within a period of three or four working days on the portal of the Labour Department.Justice Pratibha M Singh added that non-compliance of the said direction would be dealt with strictly."Such occurrences severely impede access...
Requirement To Frame Substantial Question Of Law In Second Appeal Not A Mere Formality, But Meant To Be Adhered To: Supreme Court
The Supreme Court observed that the requirement to frame substantial question of law in a second appeal is not a mere formality, but is meant to be adhered to.The limitation on the exercise of power by the High Court in the Second Appeal interfering with the judgment of the First Appellate Court is premised on high public policy, the bench of Justices KM Joseph and S. Ravindra Bhat...
"Authorities Have No Compassion With Students' Future": MP High Court Stays Transfer Of The Only Teacher Of A School, Seeks State's Reply
The Madhya Pradesh High Court last week stayed the transfer of the one and only teacher of a school (with 72 students) stating that the order had been passed without application of mind and contrary to the public policy."It appears that the impugned order has been issued by the authorities without applying its mind, which draws a presumption that the government authorities have no compassion...
Plea In J & K & Ladakh High Court Seeks Reopening Of Human Rights Commission, Women Commission Etc. To Adjudicate Pending Cases
A writ petition has been filed before the Jammu and Kashmir and Ladakh High Court for reopening of Jammu and Kashmir Human Rights Commission, Women Commission, Accountability Commission and State Information Commission for adjudicating the pending cases which were closed on account of the removal of Article 370 and Article 35A. Highlighting multiple reasons for seeking the establishment of...
Personal Property of Guarantors Cannot Be Transferred During CIRP of Corporate Debtor: NCLAT
The National Company Law Appellate Tribunal has held that the personal property of the Guarantors could not be transferred in the Corporate Insolvency Resolution Process of the Corporate Debtor, even though, their properties were mortgaged with the Financial Creditors.Officiating Chairperson AIS Cheema and Technical Member Alok Srivastava held under Section 61(3) of IBC that the Resolution...
"Can't Silence Voice Of Dissent Through Administrative Arbitrariness": HP High Court Sets Aside Transfer Made On Politician's Note
Underscoring that the voice of dissent cannot be silenced through administrative arbitrariness, the Himachal Pradesh High Court recently set aside a transfer order passed on the recommendation of a Politician. The Bench of Justice Justice Tarlok Singh Chauhan and Justice Satyen Vaidya was hearing the plea of one Pradeep Kumar, presently working as senior assistant with the...
Has UP Govt Published Its Policy To Punish Erring Officials, Pay Compensation To Victims In Illegal Detention Cases?: Allahabad HC
The Allahabad High Court last week asked the Uttar Pradesh Government if it has published its policy of punishing erring officials and granting compensation to a citizen (25,000/-) in illegal detention cases, in compliance with the High Court's June 2021 order.The Bench of Justice Surya Prakash Kesarwani and Justice Piyush Agarwal has called for an affidavit from the UP government by...
Presumption U/S 139 of NI Act Unsustainable If Debt Transaction Not Disclosed In Income Tax Return: Telangana High Court
The Telangana High Court recently observed that presumption under Section 139 of the Negotiable Instruments Act is unsustainable if there is a failure to show the debt transaction in income tax return. Justice G Sri Devi remarked that the evidence placed on record by the complainant was not sufficient to prove the case against the accused beyond a reasonable doubt, thereby upholding the...
Capacity of Narco-Analysis Test Facility Inadequate To Meet Delhi's Needs, Enhance It To Ensure No Backlog For Tests: High Court To Delhi Govt
Observing that the capacity of Narco Analysis Test Facility is inadequate to meet the demands of national capital, the Delhi High Court has asked the Delhi Government to enhance the said capacity so as to ensure that there is no backlog.Justice Vipin Sanghi and Justice Jasmeet Singh directed the Delhi Government to file a status report before December 1, when the matter will be heard...
Supreme Court Weekly Round Up, September 6 To September 12, 2021
JUDGMENTS THIS WEEK1. Income Tax Act - Disallowance Under Section 14A Can't Be Made Just Because Assessee Has Not Maintained Separate Accounts For Expenditures Incurred For Tax-Free Income : Supreme CourtCase: South Indian Bank Ltd. Vs. Commissioner of Income Tax ; CA 9606 OF 2011Citation: LL 2021 SC 435Giving tax relief to a group of scheduled banks, the Supreme Court has observed that...
Prisoners Booked For Offences Like Dacoity, Robbery, Etc. Not Entitled To Benefit Of Interim Bail Under Delhi High Powered Committee Guidelines
The High Powered Committee of the Delhi High Court has resolved that the criteria laid down by it this year for granting interim bail to prisoners amid Covid-19 pandemic, does not extend to those who are booked for offences like dacoity, robbery, kidnapping for ransom etc. The development came pursuant to the High Court order seeking clarification if the benefit of High Powered...
Haryana State Legal Services Authority Organizes National Lok Adalat
On 11th September, 2021, Haryana State Legal Services Authority organized National Lok Adalat under the guidance of Mr. Justice Rajan Gupta, Judge, Punjab & Haryana High Court and Executive Chairman, Haryana State Legal Services Authority across the State of Haryana. The National Lok Adalat was organized in 22 District and 33 sub-divisions of Haryana and cases were settled...