Municipal Corporations Not Entitled To Unconditional Stay U/S 36 A&C Act; Treated At Par With Private Parties: P&H High Court

The Punjab and Haryana High Court Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry has observed that being a statutory body does not entitle a party to claim unconditional grant of stay under Section 36, Arbitration and Conciliation Act (“ACA”) as a matter of right. And if a conditional stay is granted, a statutory body is to be treated at par with a private...

Case For Menstrual Leave: Why It Must Be Codified As A Statutory Right In Labour Codes

In late 2025, the Karnataka Government took a historic step toward gender-sensitive labour reform by notifying a mandatory 12-day paid menstrual leave for the private sector. While celebrated as a progressive victory under Article 15(3) of the Constitution, the move has landed in the Karnataka High Court in Management of Avirata AFL Connectivity Systems Ltd. v. State of Karnataka, W.P. No. 36659/2025 (Karn. H.C. Dec. 18, 2025). While the Court debates "Executive vs. Legislative" power, a deeper...

Delhi High Court Asks Child Welfare Committees To Evolve Internal Mechanisms To Deal With Urgent Minor Rape Cases, Avoid Delays

The Delhi High Court has asked the Child Welfare Committees (CWCs) in the national capital to evolve internal mechanisms to ensure that urgent cases involving minor rape victims are addressed without avoidable delay, irrespective of weekends, holidays or non-working hours.Justice Swarana Kanta Sharma said that the manner in which CWCs organise their working hours, duty rosters, or...

National Herald Case: Delhi High Court Issues Notice On ED's Challenge To Refusal Of Cognizance Against Rahul, Sonia Gandhi

The Delhi High Court on Monday (December 22) issued notice on a plea filed by Enforcement Directorate challenging a trial court order refusing to take cognizance of the money laundering complaint in the National Herald case allegedly involving Congress leaders Rahul Gandhi and Sonia Gandhi.Appearing for the ED, Solicitor General of India Tushar Mehta submitted before Justice Ravinder Dudeja...

Non-Filing Of ITR By Creditor Not Proof For Lack Of Creditworthiness: Patna High Court Deletes Income Tax Additions

The Patna High Court has held that the Income Tax Appellate Tribunal was not justified in restoring an addition of ₹1.91 crore under Section 68 of the Income Tax Act after reversing a reasoned order of the Commissioner of Income Tax (Appeals), where the assessee had produced documentary evidence and the Assessing Officer's remand report did not disclose any adverse material. A...

Calcutta High Court Sets Aside Ad-Interim Injunction In JW Marriott Basement Club Dispute Over Lack Of Territorial Jurisdiction

The Calcutta High Court has set aside an ad-interim injunction granted by the City Civil Court in a contractual dispute concerning the “GOLD” club operating from the basement of JW Marriott, Kolkata, holding that the Trial Court lacked territorial jurisdiction.A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, hearing FMAT 495 of 2025 (Fabwarth Promoters Pvt...

Child Welfare Committees Have No Power To Recommend Action Against Schools Under Juvenile Justice Act: J&K&L High Court

Holding that a Child Welfare Committee (CWC) has no statutory authority to recommend punitive or legal action against educational institutions, the High Court of Jammu & Kashmir and Ladakh has set aside an order passed by the Child Welfare Committee, Srinagar, which had recommended action against a private school for allegedly expelling a minor student.Justice Sanjay Dhar made it clear...

Levy Of Service Tax On 'Access To Amusement Facilities' Unconstitutional: Kerala High Court

The Kerala High Court held that the levy of service tax on 'access to amusement facilities' is unconstitutional, as the entire activity squarely falls within the State's taxing power under Entry 62 of List II (entertainments and amusements) of the Constitution of India.Justices A. Muhamed Mustaque and Harisankar V. Menon stated that the provisions of the Entertainments Tax Act also seek to...

Rajasthan High Court Orders Fresh Physical Test For Woman Constable Candidate Who Appeared Soon After Childbirth

The Rajasthan High Court has directed the State to “sympathetically” grant another opportunity to a woman candidate to appear in the Physical Efficiency Test (“PET”) for the post of constable-driver, who was disqualified from the PET in the selection process after she could not qualify in the running test since she had given birth just 15 days back.The bench of Justice Munnuri...

Madras High Court Weekly Round-Up: December 15 - December 21, 2025

Citations: 2025 LiveLaw (Mad) 484 To 2025 LiveLaw (Mad) 492 NOMINAL INDEX Gengadevi v. The Secretary To The Government And Others, 2025 LiveLaw (Mad) 484 Milan Textile Enterprises Pvt. Ltd. v. The Initiating Officer and Anr., 2025 Livelaw (Mad) 485 Malarvizhi @ Kottaithai v The Secretary to Government of India and Others, 2025 LiveLaw (Mad) 486 Jasmine Towels (P) Ltd. v....

Customs Act | Penalty Cannot Be Sustained Solely On S. 108 Statements Without Compliance Of S. 138B: Kerala High Court

The Kerala High Court held that statements recorded under S. 108 of the Customs Act cannot form the basis for imposing penalties unless the mandatory procedural safeguards under Section 138B are complied with.Justices A. Muhamed Mustaque and Harisankar V. Menon opined that Section 138B is essentially in the form of a procedural safeguard regarding the admission of statements under Section 108...

Ex-Director Cannot Be Compelled To Represent Company In PMLA Case: Calcutta High Court

The Calcutta High Court has recently held that a former director cannot be forced to represent a company in a money-laundering case after he has left the company. Allowing a criminal revision petition filed by the former director of Dish Pruduction and Media Ltd, a bench of Justice Ajoy Kumar Mukherjee ruled that the prosecution has no power to decide who should appear on behalf of a company...