S.25B Industrial Disputes Act | Service Rendered Even Prior To Regularization Needs To Be Considered While Awarding Pensionary Benefits: Gujarat HC

"While conferring benefits viz. pensionary benefits, calculation of the entire service rendered even prior to the benefit of the regular pay scale being conferred needs to be considered for the purpose of awarding pensionary benefits (from the date of initial appointment as a daily wager)," the Gujarat High Court has affirmed in reference to Section 25B of the Industrial Disputes Act....

'John Doe' Injunction Order To Protect Property Possession Can Be Passed If There Is Threat From Unknown Persons : Karnataka High Court

The Karnataka High Court has passed an order of temporary injunction restraining unknown persons (also known as John Doe order) from interfering with the peaceful possession of the property owned by a woman in Bengaluru. Justice Sreenivas Harish Kumar while hearing an appeal filed by one Meera Ajith, said, "Order XXXIX Rule 1(a) CPC states that an order of temporary injunction may...

'Allegations Criminal In Nature, Prior Sanction U/S 17A PC Act Prima Facie Not Necessary': Kerala HC Nods To Vigilance Probe Against Ex-VACB Officer

The Kerala High Court on Friday dismissed a petition filed by a retired Superintendent of Police (Vigilance and Anti-Corruption Bureau) seeking to quash a case registered against him by the Vigilance Special Investigation Unit.Justice Sunil Thomas gave green light to the VACB to continue with its probe against the petitioner finding that the offences alleged against him were not covered by...

'Child In Conflict With Law Can't Be Treated As Under Trial Prisoner U/S 436-A CrPC': Madhya Pradesh High Court

The Madhya Pradesh High Court, Gwalior Bench recently held that a Child in Conflict with Law (CCL) cannot be treated as an undertrial prisoner as contemplated under Section 436-A CrPC, since arrest/ confinement/ apprehension are not contemplated in Juvenile Justice (Care and Protection of Children) Act, 2015. Justice Anand Pathak was essentially dealing with a criminal...

Madhya Pradesh High Court Laments At Bureaucrats Passing Orders Being Oblivious To Principles Of Natural Justice, Manifesting Heedlessness

The High Court of Madhya Pradesh recently set aside an order passed by the Collector, terminating the contractual services of a Gram Rojgar Sahayak, by observing that the said order was passed without following the principles of natural justice. Justice Sanjay Dwivedi was essentially dealing with a writ petition, wherein the Petitioner was challenging the order passed by the...

No Compensation U/S 73, 74 Contract Act For Mere Breach Of Contract Without Actual Loss/ Damage : Kerala High Court

The Kerala High Court has recently ruled that in the case of a breach of contract, no compensation can be granted under Sections 73 and 74 of the Indian Contract Act unless such breach resulted in an actual loss or damage to the opposite party. A Division Bench of Justice P.B. Suresh Kumar and Justice C.S. Sudha opined that the words 'loss or damage' would necessarily indicate that the party...

Mango Pulp/Puree' Attracts 18% GST: AAAR

The Andhra Pradesh Appellate Authority of Advance Ruling (AAAR) consisting of Suresh Kishnani (Central Tax) and S.Ravi Shankar Narayan (State Tax) has ruled that 18% GST is chargeable on Mango Pulp/Puree'. The Appellant, a Public Limited Company, has been engaged in the business of supplying mango pulp/puree within India including merchant export. The Appellant...

Delhi High Court: Findings Of Fact Recorded By ITAT Not Perverse, Cannot Be Interfered Under Section 260A

The Delhi High Court has ruled that in an appeal to the High Court under Section 260A of the Income Tax Act, 1961 there can be no interference with the finding of fact if it involves re-appreciation of the evidence. The Division Bench, consisting of Justices Manmohan and Sudhir Kumar Jain, held that if a particular receipt has been disclosed in the income and expenditure account, the...

Full Bench Of Only Women Judges, For The First Time, In Kerala High Court

Incidentally, on international women's day (tomorrow), a full bench comprising only women judges will hear a case in the Kerala High Court. This is the first time in the history of the Kerala High Court that a full bench comprising only women judges has been constituted.The cause list shows Justices Anu Sivaraman, V Shircy and M.R Anitha as members of the women's only full bench. The full...

Temporary Relinquishment Of Promotion Can Extend Beyond One Year: Kerala High Court

The Kerala High Court has ruled that the Government Order issued in 1991 mandating that temporary relinquishment of promotion shall be for a minimum period of one year only implies that it should be at least for a minimum period of one year and that it can go beyond one year.A Division Bench of Justice Alexander Thomas and Justice Viju Abraham observed that the said Order was issued...

Gujarat High Court Grants Interim Relief To Lawyers Against Service Tax/ GST Payment Notices

Granting interim relief to Lawyers, the Gujarat High Court has stayed coercive actions against the lawyers in connection with demand notices by the CGST (Central Goods and Services Tax) Department with regard to the levy of GST/Service tax.The bench of Justice J. B. Pardiwala and Justice Nisha M. Thakore passed this ad-interim order as it took note of an order of the Orissa High Court that...

Nawab Malik "Voluntarily" Visited Enforcement Directorate Office - ED Defends Allegations Of Illegal Arrest, Says Habeas Corpus Petition Not Maintainable

The Enforcement Directorate has opposed Maharashtra Cabinet Minister Nawab Malik's habeas corpus petition on the grounds of maintainability and asserted that his arrest was 'legal.' In a reply affidavit before the Bombay High Court, ED defended allegations by Malik of being forcibly picked up and served summons in the ED's office The ED claimed that Malik was arrested at 2.45pm...