Publication To Serve Notice Can't Be Issued Ordinarily By Appellate Court In Second Appeal, Parties Must Mention Correct Address: Madras High Court

The Madras High Court has held that publication to serve notice in the second appeal cannot be ordinarily issued by the appellate Court.This is because parties to the suit participated in the trial proceedings and they have contested the appeal suit before the First Appellate court, while so, notice must be served to all the parties for the purpose of deciding the second...

Can't Deny Public Employment On Basis Of Place Of Residence/ Domicile: Kerala High Court Reiterates

The Kerala High Court recently observed that a candidate cannot be denied public employment merely on the ground that she is not a resident or domicile of a particular location. Ruling so, Justice V.G. Arun set aside a resolution and declared that the Panchayat cannot deny an appointment to the most meritorious candidate for the reason that she is not a resident of the Panchayat."The...

Over 4 Crore Cases Pending Before District Courts Across Country, About 59 Lakh In High Courts, 70K In Supreme Court: Law Ministry

The Ministry of Law and Justice informed Lok Sabha that disposal of pending cases in courts is within the domain of the judiciary and Government has no role in disposal. It was informed that no time frame has been prescribed for disposal of various kinds of cases by the respective courts.As of 28th March, 2022- 4,09,85,490 cases are pending in District and Subordinate Courts, and...

All High Courts Weekly Roundup: March 28 - April 3, 2022

Allahabad High Court CITATIONS 2022 LiveLaw (AB) 142 TO 2022 LiveLaw (AB) 157 NOMINAL INDEX Gopal Krishna Shankdhar @ Krishna Gopal Shankdhar v. Shri Manoj Kumar Agarwal And 2 Others 2022 LiveLaw (AB) 142 Aparna Purohit v. State of U.P. and Another 2022 LiveLaw (AB) 143 Smt. Shalinee Dubey @ Radhika Dubey v. Abhishek Tripathi @ Gopal 2022 LiveLaw (AB) 144 State Of...

Limitation For Revisionary Jurisdiction Runs From The Date Of Assessment Order And Not Reassessment, If Subject Matter Was Not Covered In Reassessment: ITAT Kolkata

The Kolkata Bench of ITAT, consisting of members Rajpal Yadav (Vice President) and Rajesh Kumar (Accountant Member), has ruled that the period of limitation for exercising revisionary jurisdiction under Section 263 of Income Tax Act, 1961 runs from the date of assessment order and not the reassessment order, if the revisionary jurisdiction is sought to be exercised with respect to an...

Kerala High Court Asks State To Revisit The Procedure For Search & Seizure In Abkari Cases

While directing the State to compensate two persons who were falsely implicated in Abkari cases, the Kerala High Court addressed a serious question concerning the search, seizure and arrest procedure in abkari cases in the State and opined that the State Government should take serious note of the same.The petitioners were arrested and in confinement for more than 50 days in connection with...

Obligation To Ensure Compliance Of COVID-19 Protocols Must Be Adhered To More Strictly By Those Charged With Enforcement: Delhi High Court

The Delhi High Court has said that the obligation to ensure compliance of COVID-19 protocols must be adhered to even more strictly by those who are charged with its enforcement, Delhi Police in particular, who must therefore lead by example. Justice Yashwant Varma was dealing with a plea moved by Advocate Shalen Bhardwaj seeking directions for taking legal action against the Delhi...

Delhi Riots: Court Frames Charges Against Six Men For Vandalisation, Causing Injuries To Police Personnel; Four Discharged

A Delhi Court has framed charges against six men in a case concerning the North East Delhi riots of 2020 accused of being members of a riotous unlawful assembly which indulged in vandalization and arson in city's Khajuri Khas and Bhajanpura areas and also causing injuries to public persons as well as several police personnel. Additional Sessions Judge Virender Bhat however discharged four...

Was Fine Collected By BMC For Not Wearing Masks Illegal? Bombay High Court To Decide

The Bombay High Court is likely to decide whether the fine collected by Mumbai's civic body's 'clean-up marshals' from the citizens for not wearing a mask is legal or not. A division bench of Chief Justice Dipankar Datta and Justice MS Karnik, hearing a public interest litigation raising the issue, has sought a detailed affidavit from the Brihanmumbai Municipal Corporation and...

Compassionate Appointment Not A Bonanza, Can't Be Claimed As A Matter Of Right: Allahabad High Court

Considering various aspects relating to compassionate appointments, the Allahabad High Court recently observed that there is no general or vested right to compassionate appointments and that it can't be treated as a Bonanza.This observation was made by the bench of Justice S. P. Kesarwani and Justice Jayant Banerjee while DISMISSING a special appeal filed by one Iqbal Khan challenging...

Strictly Follow Motor Vehicles Aggregators Guidelines : Bombay High Court To Ola, Uber

The Bombay High Court on Tuesday asked cab aggregators, including Uber India and Ola, who were recently granted provisional licenses under the Motor Vehicles Aggregators Guidelines, 2020 framed by the Union government, to strictly follow the guidelines. The court also asked the Maharashtra government to consider customer feedback in the nature of complaints against the aggregators...

Rules Of Arbitral Institution Do Not Determine The Place Of Arbitration: Delhi High Court

The Single Bench of Justice Vibhu Bakhru of the Delhi High Court has held that the rules of arbitral institution would not determine the place of the arbitration and only the Courts at the place of arbitration proceedings will have the jurisdiction to entertain an application for the appointment of an arbitrator. Facts The parties entered into a Concession Agreement for...