News Updates
Delhi High Court Bar Association Opens Placement Cell To Help Young Lawyers
The Delhi High Court Bar Association (DHCBA) has launched its placement cell to help young lawyers find a place in established litigation chambers. DHCBA has also started a LinkedIn page by the name of “Delhi High Court Bar Association Placement Cell”. “Through this page, DHCBA hopes to act as a facilitator between young aspiring lawyers and established litigating chambers," it said in...
'We Are Not At Govt's Dictation' : Karnataka HC Expresses Displeasure At Centre's Repeated Requests To Adjourn Twitter Case Hearing
The Karnataka High Court on Monday expressed displeasure at the repeated requests made by the Union Government seeking to adjourn the plea filed by Twitter challenging orders issued to it by the Central government for blocking certain user accounts. Central government counsel Kumar M N sought an adjournment of the hearing to either January 27 or on February 3. Without appreciating...
State Can't Deny Medical Reimbursement On Ground That Hospital Charged Amount Exceeding Approved Rates: Delhi High Court
The Delhi High Court has ruled that reimbursement of medical expenses under Central Government (Medical Attendance) Rules, 1944 cannot be denied on the ground that the hospital charged an amount in excess of the approved rates, in a case where the patient is referred to such hospital.Expressing dismay at how a petition seeking reimbursement of only Rs 51, 824 remained pending for past 16...
Law That Sex On False Promise To Marriage Amounts To Rape Appears To Be Erroneous, Deserves A Relook: Orissa High Court
The Orissa High Court recently doubted the law holding that sex on false promise of marriage amounts to rape.The Single Judge Bench of Dr. Justice Sanjeeb Kumar Panigrahi questioned the rationality of 'automatic extension' of Section 90 of the Indian Penal Code (IPC) to determine the validity of consent for sex on false promise of marriage and called for a ‘serious relook’ of...
Once Assessee Shows Genuineness Of Transactions, No Additions Can Be Made: Gujarat High Court
The Gujarat High Court has held that the assessee has discharged the primary onus to prove the creditworthiness of the transaction.The division bench of Justice Sonia Gokani and Justice Sandeep N. Bhatt has observed that the initial burden, even if not discharged at the level of the assessing officer, can be discharged by the production of documents before the CIT (Appeals), where two...
Officers Of Central Health Services Can’t Be Promoted Mechanically Solely On Basis Of Number Of Years Of Service: Delhi High Court
The Delhi High Court has said that promotion under the Dynamic Assured Career Progression (DACP) Scheme of Central Health Services cannot be made in a mechanical manner without considering the employee’s grading in the Annual Confidential Report (ACR).The division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said there can be no upgradation of post solely...
Ragging Menace: Gujarat High Court Initiates Suo Motu PIL, Issues Notice To The State Education Department
The Gujarat High Court on Monday initiated suo motu Public Interest Litigation (PIL) on the issue of ‘Ragging Menace’ in educational institutions in the State of Gujarat. A division bench comprising of Chief Justice Aravind Kumar and Justice Ashutosh Shastri impleaded the Additional Chief Secretary of the State Education Department and the Commissioners of Higher Education,...
Arbitration Under MSMED Act For Supplies Made Prior To Registration, Void-ab-initio: Gujarat High Court
The Gujarat High Court has ruled that arbitral proceedings initiated under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) relating to the services provided by the claimant before its registration under the MSMED Act, are void-ab-initio. The bench of Dr. Justice A. P. Thaker held that for initiation of proceedings like conciliation and arbitration under the...
CBIC To Implement The E-Waste (Management) Rules, 2022 w.e.f. April 2023
The Central Board of Indirect Taxes and Customs (CBIC) has issued instructions regarding the implementation of the E-Waste (Management) Rules, 2022, which supersede the E-Waste (Management) Rules, 2016.The Ministry of Environment, Forestry, and Climate Change has notified the E-Waste (Management) Rules, 2022, in supersession of the E-Waste (Management) Rules, 2016, which shall come into force...
Sexual Harassment Complaint, Enquiry Proceedings Cannot Be Quashed Merely Because ICC Failed To Complete Enquiry Within 90 Days: Delhi High Court
Expressing a prima facie view, the Delhi High Court has observed that the complaint of sexual harassment and inquiry proceeding cannot be quashed merely because internal complaints committee (ICC) failed to complete inquiry within the time-frame of 90 days mentioned under section 11(4) of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.“Needless...
Contractual Employees Cannot Be Terminated Without Issuance Of Notice: Kerala High Court
The Kerala High Court recently held that contractual employees cannot be terminated on the ground of 'unsatisfactory performance' of service without the issuance of notice or finding to that effect. Setting aside an order passed by Mananthavady Municipality by which the service of petitioners at Ayush NHM Homeopathic Dispensary was discontinued, Justice Anu Sivaraman said that the...
Sale Of Property Under SARFAESI Will Not Extinguish Prior Existing Charge For Dues Under State Tax Laws : Kerala High Court
The Kerala High Court on Friday held that the statutory charge created under the provisions of the Kerala General Sales Tax Act, 1963 and the Kerala Value Added Tax Act, 2003, prior to any mortgage made, against the dealers would remain intact, even if the property is sold by the Bank, by the rights conferred under Section 26E of the SARFAESI Act, 2002, and Section 31B of the Recovery of...