Face Heavy Cost Or Longer Court Dates For Getting Non- Urgent Matters Listed – Bombay High Court Tells Lawyers

The Bombay High Court has cautioned lawyers against getting non-urgent matters listed and decided to impose high costs or adjourn matters for a long time if non-urgent cases are pushed for a hearing. As per its SOP from Janaury 10, 2022 the Bombay High Court at its principal seat is functioning for only three hours between 12 pm – 3 pm and hearing only urgent cases. However, the...

Motor Accident Claim- Fixing 15K As Notional Income Per Annum For Non-Earning Member Is Unreasonable: Allahabad HC

Referring to a Supreme Court's Judgment delivered in 2021, the Allahabad High Court has observed that fixing notional income at Rs.15,000/- per annum for a family's non-earning members is not just and reasonable.The Bench of Justice Dr. Kaushal Jayendra Thaker and Ajai Tyagi was hearing an appeal filed by the parents of a 7-year-old deceased boy, seeking enhancement of quantum, against...

[Attempt To Rape Case] Women Employees Need Courage To Make Such Imputations: UP Court Denies Pre-Arrest Bail To Judge

"It takes a lot of courage for a woman employee to make the imputations of such a serious nature against that very P.O. under whom she has been working," a UP Court observed as it denies anticipatory bail to the Presiding Officer of Commercial Court, Jhansi of raping a woman employee working under her.The Sessions Judge, Jhansi Jyotsna Sharma was hearing the anticipatory bail to the...

[GPF Rules] Rule Framed Under Article 309 Can't Be Replaced By Executive Order Issued Under Article 162: Allahabad High Court

The Allahabad High Court has observed that any rule framed under Article 309 of the Constitution of India can only be replaced by an Act of an appropriate legislature and the same cannot be replaced by an executive order issued under Article 162 of the Constitution of India.The Bench of Justice Vivek Chaudhary observed thus as it set aside a government's order of 1986 withdrawing the benefit...

Pendency Of Cases Involving Large Scale Revenue Causes Loss To Nation: Madras HC Calls For Quick Disposal Of Income Tax, Mining, Excise Matters

The Madras High Court recently expressed its concern over long pendency of cases involving large scale revenue.Justice S.M Subramaniam observed that cases of Income Tax, Customs, Excise, Mines and Minerals etc. must be disposed of quickly to prevent misuse of nation's property.Talking about the skewed tactics employed by stakeholders in keeping the writ petitions pending, so as to reap...

Faceless Assessment Scheme Does Not Mean No Personal Hearing, Mandatory Requirement U/S 144B Of Income Tax Act: Delhi High Court

The Delhi High Court has made it clear that the Central government's recent 'faceless assessment scheme', launched with an aim to eliminate the human interface between the taxpayer and the income tax department, does not mean that the assess shall not be given a personal hearing.The division bench comprising of Justices Manmohan and Navin Chawla observed,"a quasi judicial body...

Judges Protection Act: Plea In Bombay High Court Challenges 'Absolute Immunity' To Judges Even When Justice is 'Wilfully Denied'

A petition filed in the Bombay High Court challenges Section 3 of the Judges (Protection) Act of 1985 that prevents civil or criminal proceeding against a Judge for anything done in the course of his official or judicial duty.The plea alleges that the provision confers "absolute immunity to the judges even when they act maliciously and wilfully deny justice; on extraneous and...

Can 'Raja/Nawab/Maharaja/Rajkumar' Titles Be Used As Prefix In Constitutional, Lower Courts?: Rajasthan HC Asks Centre, State

The Rajasthan High Court has issued a notice to the Central and State Governments asking as to whether any person can put Maharaja, Raja, Nawab, Rajkumar titles as a prefix while filing cases in the High Court or Trial Court. The Bench of Justice Sameer Jain has sought the reply of the Union and Rajasthan Government after perusing the cause title of a petition, wherein, the Court noted,...

No Fundamental Right To Carry Out Business With Govt; Court's Interference In Formulating Tender Conditions Restrictive: Rajasthan HC

The Rajasthan High Court, Jaipur Bench, has held that the interference of the Court in tender matters is very restrictive and it should refrain from interfering in the impugned policy decision of the government, pertaining to sale of Run of Mine Lignite. Justice Inderjeet Singh, while dismissing the plea, ruled,"In formulating the conditions of tender document, greater latitude...

Medical Negligence: Karnataka Court Convicts Three Doctors For Death Of Woman Operated Without Ventilator Facility & Other Life Saving Equipment

A Judicial Magistrate First Class court in Bidar district of Karnataka recently convicted three doctors for causing the death of a woman who was operated on by them without having a ventilator facility in the hospital and other life saving equipment. The 2nd additional Senior Civil Judge and JMFC Abdul Khadar, convicted Dr. Rajashree (32), Dr. Vaijinath (65) and Dr. Saibanna (52) of...

India Shouldn't Be Unrepresented, Ensure Team's Participation In Asian Men's Handball Championship: Allahabad HC Directs SAI

The Allahabad High Court on Thursday directed the Sports Authority of India to ensure participation of the Indian Handball national team in the 20th Asian Men's Handball Championship, scheduled to be held from Jan 18 to Jan 31 in Saudi Arabia.This order was made by the bench of Justice Attau Rahman Masoodi and Justice Narendra Kumar Johari which was hearing the writ plea of a member of the...

Lawyer Moves Supreme Court Challenging Bombay High Court Circular Reducing Working Hours To 3 Due To COVID

A Mumbai based lawyer has approached the Supreme Court seeking to set aside the Bombay High Court's circular reducing its functioning in Mumbai to just three working hours a day owing to the rise in covid-19 cases in the city and state. It further seeks to enforce virtual hearings in all courts in the state. According to the Standard Operating Procedure(SOP) dated January 10, 2022, the...