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...

Payment Of Fees And Other Transactions should be Through Online Mode: NCDRC

The National Consumer Dispute Redressal Commission has directed that payment of fees and other transactions will take place through online mode only. This direction has been given vide. circular dated 09.01.2023. It is in accordance with the circular dated 07.11.2022, issued by the department of consumer affairs, govt. of India. The commission has directed that all kinds of payments...

Lucknow NIA Court Grants Bail To Abdullah Saud Ansari Accused Of Being An Active Member Of Banned Outfit PFI

A Court in Uttar Pradesh’s Lucknow district on Saturday granted bail to an alleged member of the banned origination Popular Front Of India (PFI), Adullahah Saud Ansari who was arrested last year in one of the raids conducted by the NIA. The Addl. District & Sessions Judge Special Judge,N.IA/A.T.S, Lucknow Vivekanand Sharan Tripathi found sufficient grounds to release him on...

Madras High Court Restraints TANGEDCO Employees From Going On Strike, Says Essential Services Will Be Affected

The Madras High Court has temporarily restrained the employees of the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) from going on a strike on January 10 or on any future date. While allowing the petition filed by one J Elumalai, the bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy held that since electricity is an essential service, if the...