High Courts
Punjab & Haryana High Court Weekly Round-Up 12th August To 17th August, 2024
Punjab & Haryana High Court Weekly Round-Up [12 August -17 August, 2024]Nominal IndexLawyers for Humanity v. Lawyers for Humanity 2024 LiveLaw (PH) 195XXX v. XXX 2024 LiveLaw (PH) 196Rajveer Singh Samra and another v. Central Bureau of Investigation 2024 LiveLaw (PH) 197 Rana Jung Bahadur v. State of Punjab 2024 LiveLaw (PH) 198Harpreet Kaur v. State of Haryana and others 2024 LiveLaw...
Karnataka High Court Weekly Roundup: August 12 - August 18, 2024
Citations: 2024 LiveLaw (Kar) 365 To 2024 LiveLaw (Kar) 372Nominal Index:Stanly Kirthiraj AND State of Karnataka. 2024 LiveLaw (Kar) 365Kawal Jeet Kaur AND State of Karnataka. 2024 LiveLaw (Kar) 366Kumara C AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 367Alok Kumar v. Mamatha Singh. 2024 Live Law (Kar) 368Shankar Naik G K AND State of Karnataka. 2024 LiveLaw (Kar) 369Shanthalakshmi...
[Assam Rifles Rules] Meghalaya High Court Upholds Dismissal Of Rifleman For Engaging In Polygamy
The Meghalaya High Court has upheld the discharge of a Rifleman employed with Assam Rifles who contracted a second marriage during the subsistence of his first marriage. Rule 10(2) of the Assam Rifles Rules, 2010 bars the Rifleman to contract another marriage during the lifetime of the first marriage and makes such Rifleman ineligible for retention in the service. It was contended by...
Karnataka High Court Directs Trial Court To Defer All Proceedings Against CM Siddaramaiah In MUDA Case Till Challenge To Governor's Sanction Is Heard
The Karnataka High Court has taken up a challenge by CM Siddaramaiah seeking to quash an order issued by Governor Thaawarchand Gehlot granting sanction to prosecute him in the alleged multi-crore scam relating to Mysore Urban Development Authority (MUDA). The Court directed the trial court to defer all proceedings against Siddaramaiah, based on the governor's sanction, till the next date...
Lok Adalat Can Only Issue Directions On Equity, Natural Justice In Specific Disputes Before It, Cannot Pass General Directions: P&H High Court
The Punjab & Haryana High Court has made it clear that the guiding principles of natural justice, equity etc. under Section 22-D of the Legal Services Authorities Act ("the Act") are required to be followed by the Lok Adalat only in specific issues raised before it and that it cannot issue generalised directions without being conferred with any power to do so.The Act states that the...
Doctrine Of Proportionality In Service Matters Not Applicable When Employment Itself Is Based On Fraud: Rajasthan High Court
The Rajasthan High Court has affirmed that the doctrine of proportionality in service matters cannot be invoked in relation to an employee whose basis of attaining employment was fraudulent.It was also held that the High Court's scope of interference with a disciplinary authority's decision on the quantum of penalty in service matters is minimal.The division bench of Justice Pushpendra...
S.135(1A) Electricity Act | Restoration Of Supply Line Conditional On Deposit Or Payment Of Assessed Amount Or Electricity Charges: Gujarat HC
The Gujarat High Court has dismissed a Letters Patent Appeal challenging the computation of assessed electricity charges, emphasising that restoration of electricity supply must be contingent on payment of the assessed amount as per Section 135 (1A) of the Electricity Act, 2003. The Court observed that the petitioner manipulated the system to restore the electricity supply without full payment...
Not Wearing Protective Headgear By Motorcyclist Cannot Negate Right To Compensation: Karnataka High Court
The Karnataka High Court has clarified that failure to wear protective headgear as required by Section 129(a) of the Motor Vehicles Act, though constitutes a contributory negligence, will not drastically affect the compensation awarded to a claimant who has suffered.A division bench of Justice K Somashekhar and Justice Dr Chillakur Sumalatha said this while deciding an appeal filed by Sadath...
Hema Commission Report : Kerala High Court Declines Actor Ranjini's Third Party Appeal, Allows Her To File Fresh Writ Petition
The Kerala High Court today dismissed the writ appeal filed by actor Ranjini challenging the decision of a single bench of the Court allowing the publication of Justice Hema Committee Report on the conditions faced by women in the Malayalam film industry.Noting that Ranjini was not a party to the writ petition filed by Producer Sajimon Parayil (in which the impugned judgment was delivered),...
OTS Benefit Can't Be Denied After Accepting Delayed Installment: Kerala High Court Asks SBI To Release Title Deeds
The Kerala High Court has directed the State Bank of India to release the title deeds of a residential property mortgaged by a petitioner on payment of outstanding debts under the One Time Settlement (OTS) Scheme.The Bank did not confer the benefit of the OTS Scheme to the petitioner, citing a delay in payment of the second instalment within the stipulated time. Justice Dinesh Kumar...
Applications For Condonation Of Delay, Should Not Be Too Hyper-Technical: Kerala High Court
The Kerala High Court has held that the applications for condonation of delay should have been considered without being too hyper-technical and in a judicious manner.The bench of Justice Gopinath P. has observed that the delay in filing the audit report in Form-10B can at best be 30 days, as the law only requires that the audit report be uploaded at least a month before the due date for...
ESOP Employee Without Any Contractual Obligation is , Perquisite', Taxable As Salary U/s 17(2) : Madras High Court
While pointing out that the payment by FPS was not made towards the ESOPs as the Assessee continues to hold the ESOP (Employee Stock Option Purchase) even after the receipt of the compensation, the Madras High Court held the receipt in hands of Assessee qualifies as perquisite and taxable under the head 'Salaries'. Hence, the High Court refuses to allow 'Nil' certificate of tax...