High Courts
Incapacity Of A Non-Party To Lis Can Be Equated To 'Legal Disability' Under Sections 6 & 7 Of Limitation Act: Telangana High Court
The Telangana High Court has held that the incapacity of a non-party to a legal proceeding can be equated to 'legal disability' under sections 6 and 7 of the Limitation Act, 1963.The order was passed by a division bench of Justice Moushumi Bhattacharya and Justice M.G.Priyadarsini in an I.A. filed in an appeal suit, praying to condone the delay of 428 days in filing the appeal....
Employee's Benefit Earned During Service Can't Be Taken Away By Making Termination Effective Before It Actually Happened: Punjab & Haryana HC
The Punjab & Haryana High Court has made it clear that an employee cannot be deprived from his service benefits by backdating the termination of his employment.Justice Namit Kumar said,"when an employer-employee relationship ends, the termination can take effect from the date of order of termination with immediate effect or a future date specified in the order (later effect). However,...
Qualification Of “Adeeb” Is Equivalent To Class 10th Qualification: Rajasthan High Court Reiterates
While reiterating that the educational qualification termed as "Adeeb" is equivalent to Secondary Examination (10th Class), the Rajasthan High Court recently directed the appointment of a woman to the post of Health Worker (Female) which had the eligibility criteria of 10th standard qualification.Referring to the decision of a coordinate bench (at Jaipur) in Jahida Salma v State of...
BREAKING | Calcutta High Court Transfers SIT Probe Into Alleged Irregularities By Ex-RG Kar Principal Sandip Ghosh To CBI
In a breaking development, the Calcutta High Court has transferred an SIT probe into alleged irregularities by former RG Kar Principal Sandip Ghosh, to the Central Bureau of Investigation.Notably, the CBI is also investigating Ghosh over the rape-murder of a resident doctor at the hospital campus on 9th August.A single bench of Justice Rajarshi Bharadwaj was taking up a plea by former...
Husband's Girlfriend Is Not His Relative, Cannot Be Booked For Cruelty Under Section 498A IPC: Bombay High Court
In a significant order, the Nagpur bench of the Bombay High Court held that the girlfriend of a husband cannot be booked under charges of domestic violence or cruelty punishable under section 498A of the Indian Penal Code (IPC).A division bench of Justices Vibha Kankanwadi and Vrushali Joshi quashed the chargesheet and other proceedings pending against one Vaishali Gawande, before a court...
Plaint Must Disclose A Clear Right To Sue, Not An Illusion Or Mirage Of A Cause Of Action: Telangana High Court
The Telangana High Court has upheld the rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, emphasizing that a plaint must disclose a clear right to sue and not merely an illusion or mirage of a cause of action.“The expression “Cause of Action” has been described to mean every fact which would be necessary for the plaintiff to prove, if traversed, in order...
Gujarat High Court Issues Directions To Ensure Smooth Video Conferencing Access For Advocates
The Gujarat High Court, following up of its earlier Circular No. ITC/234/2024 dated 20/02/2024, has now issued new directions to ensure that advocates do not face difficulties in accessing Video Conferencing (VC) Rooms for hearings.The Chief Justice has mandated that all Court Masters assisting the Benches must promptly admit advocates to the VC Session, provided their Display Name in the Zoom...
Retrospective Applicability Of Extended Time Limit For Availing ITC; Madras High Court Quashes Order Not Condoning 1 Day Delay
The Madras High Court has quashed the order, not condoning the delay of 1 day, on the ground that the extended time limit for availing input tax credit (ITC) is retrospectively applicable.The bench of Justice Krishnan Ramasamy has observed that the GST Council, in its 53rd meeting, recommended extending the deadline for filing GSTR-3B returns for the financial years 2017-18, 2018-19, 2019-20,...
Gauhati High Court Criticises Assam Government For Delay In Notifying Draft Child Protection Policy And Rules
The Gauhati High Court on Thursday expressed its displeasure about the delay in notifying Draft Rules and the Draft Child Protection Policy by the Assam Government.The division bench of Justice Kalyan Rai Surana and Justice Arun Dev Choudhury observed:“The delay in notifying the Draft Rules as well as the Draft Child Protection Policy discloses that the State Government or its...
2001 Protest Case | Allahabad High Court Stays 3-Month Jail Term Awarded To AAP MP Sanjay Singh
The Allahabad High Court on Thursday stayed the execution of a 3-month jail sentence awarded to Aam Aadmi Party (AAP) leader and Rajya Sabha MP Sanjay Singh in connection with a 2001 protest case, noting that the trial court's Judgment was prima facie 'perverse'. “Prima facie, the ingredients of sections 143 and 341 I.P.C. are missing and the judgments of both the Court below...
Kerala High Court Expresses Dismay Over Banks Deducting Loan Instalments From Relief Fund Of Wayanad Landslide Victims
The Kerala High Court has expressed its "distress" over banks deducting monthly loan instalments from the funds deposited into the Wayanad Landslide victims' accounts from the Chief Minister Distress Relief Funds.The Court was hearing the suo moto case initiated in the aftermath of devastating Wayanad landslides, to prevent and manage natural disasters in Kerala.The division bench...
Jharkhand High Court Quashes Criminal Proceedings For Delayed Tax Payment In Absence Of Any Penalty Proceedings
The Jharkhand High Court has quashed the criminal proceedings against a man accused of tax evasion under the Income Tax Act, 1961. The case involved allegations that the petitioner, a tractor dealer, failed to pay the tax liability associated with his income tax returns for the assessment year 2011-12, despite declaring the amount in his filing.The court's decision to quash the proceedings...