Citizenship Is An Essential Right: Gauhati High Court Sets Aside Ex-Parte Order Declaring Man As Foreigner

The Gauhati High Court has observed that citizenship, being an essential right of a person, ordinarily, should be decided based on merit by considering the material evidence that may be adduced by the person concerned and not by way of default.A Division Bench of Justices Manish Choudhary and N. Kotiswar Singh set aside an ex-parte order of the Foreigner's Tribunal, declaring the petitioner...

Tihar Inmate Ankit Gujjar Death Case- Delhi HC Seeks Status Report Of DG, Prisons Indicating Measures To Ensure Safety & Security Of Other Inmates

In another development in the case pertaining to the alleged murder of inmate Ankit Gujjar, a 29-year old gangster, inside Tihar Jail, the Delhi High Court on Monday sought status report from Director General of Prisons indicating the measures taken by the authorities to ensure safety and security of other inmates.Justice Mukta Gupta was dealing with a petition moved by five inmates...

Collegium Recommends Three Additional Judges Of Gauhati High Court Be Made Permanent

The Supreme Court Collegium has issued a statement recommending that three additional judges of the Gauhati High Court should be made permanent.The three Additional Judges are:1. Justice Soumitra Saikia,2. Justice Parthivjyoti Saikia, and3. Justice S. Hukato Swu.They were appointed as additional judges of the High Court in November. 2019.The Supreme Court Collegium had recommended their names...

Delhi High Court Questions West Bengal's Approach Of Refusing Inter-Cadre Transfer To All India Services Officers Without Placing Relevant Material On Record

The Delhi High Court has questioned State of West Bengal's approach of refusing inter cadre transfer requests of All India Services officers without placing relevant material on record."We are noticing that, this approach has been taken, in matter after matter, by the petitioner where officer(s) have sought inter-cadre transfer to other State(s) on account of their marriage, and which has...

'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...

"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...

High Courts Weekly Roundup [September 6, 2021 To September 11, 2021]

Allahabad High Court "Natural Justice Principles Violated": Allahabad HC Quashes Govt Order Cancelling Retailer's License For Selling Beef, Hurting Sentiments (Ikrar Husain v. State of Uttar Pradesh and Ors.) The High Court quashed an order of a Food Safety Officer who canceled the retailer license of a man, named Ikrar Husain, obtained under the Food Safety and Standards Act,...

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...