High Courts
Appeals Filed Without Delay Condonation Applications Cannot Be Rectified Later: Jharkhand High Court
The Jharkhand High Court has ruled that if an appeal memo does not contain an application for the condonation of delay at the time of its filing, subsequent filing of such an application cannot cure the defect.The appeal, filed in 2020, sought to quash the order passed by the Judicial Member and Accountant Member of the Income Tax Appellate Tribunal (ITAT), Ranchi Bench, for different...
Senior Advocates Cannot Intimidate Juniors: Bombay High Court Raps Senior Lawyer For Raising Voice At Newly Appointed State Counsel
The Bombay High Court on Wednesday pulled up a Senior Advocate for "intimidating" a newly appointed Assistant Public Prosecutor (APP) while arguing a criminal matter.A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan lost their cool when a designated senior counsel tried to intimidate the lady APP by raising his voice. "Mr advocate you need to stop this. We are not going...
Railways Must Ensure Prompt, Effective Complaint Resolution Mechanism: Delhi High Court
The Delhi High Court has observed that railways must ensure prompt, effective and structured complaint resolution mechanism for smooth and proper functioning of public transportation.“As a vital public authority, which transcends its logistical prowess to impact livelihoods of the common man in our country, Railways has a moral imperative to showcase prompt response to the concerns of...
[Maharashtra Cooperative Societies Act] No Provision For Cooperative Court To Return Plaint Before Appropriate Court When It Lacks Jurisdiction: HC
The Bombay High Court observed that there is no provision in the Maharashtra Co-operative Societies Act, 1960 (MCS Act) which empowers the Cooperative Court to return a plaint before an appropriate court when the Cooperative Court has no inherent jurisdiction to try the concerned dispute.It further observed that even though the Civil Procedure Code, 1908 (CPC) is applicable to a Cooperative...
Candidate Whose Appointment Is Delayed Due To Departmental Lapses Cannot Be Disadvantaged, Denied Promotion Eligibility: J&K High Court
The Jammu and Kashmir and Ladakh High Court has ruled that a direct recruit whose appointment is delayed due to departmental laches cannot be denied retrospective appointment or promotion eligibility from the date on which other candidates from the same selection process were appointed.Clarifying the law on the subject Justice Javed Iqbal Wani observed, “… An individual cannot be made...
Punjab & Haryana High Court Suo Motu Stays Single Bench Order With Unwarranted Comments Against Supreme Court
The Punjab & Haryana High Court today, took suo motu cognizance of the comments "lowering the majesty and dignity of Apex Court" made in the order passed by Justice Rajbir Sehrawat.In an unusual order, the judge criticised the Supreme Court for staying the contempt proceeding of the High Court, observing that there was a tendency on the part of the Supreme Court to presume that it was...
Dowry Demand Doubtful As Marriage Solemnised Under CM Mass Marriage Scheme: Allahabad HC Grants Bail To Husband In 'Dowry Death' Case
The Allahabad High Court last week granted bail to a man (husband of the deceased/victim) accused of committing the offence of dowry death, noting that it was doubtful that any dowry was demanded in the case since the parties got married under the Chief Minister Mass Marriage Scheme. “…the marriage of deceased was solemnized with applicant under the scheme launched by the...
Order Under S. 73 GST Can't Be Passed Against Company In Corporate Insolvency Resolution Process: Allahabad High Court
The Allahabad High Court has held that order Section 73 of the Goods and Service Tax Act, 2017 cannot be passed a company which is under the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016. Section 73 of the Goods and Service Tax Act, 2017 empowers a proper officer to initiate proceedings if he is satisfied that any tax has not been...
Delhi High Court Appoints Arbitrator To Adjudicate Disputes Between Cricketer Yuvraj Singh, Developer Over Personality Rights Violation
The Delhi High Court has appointed an arbitrator to adjudicate disputes between Cricketer Yuvraj Singh and a developer over alleged violation of his privacy rights while promoting a real estate project and failure to adhere to the timeline for delivery of possession of an apartment in the project in the national capital.Justice C Hari Shankar appointed Advocate Mukesh Gupta, former Vice...
Legal Profession Not Commerical Activity, Lawyers Cannot Pressurise Court To Pass Favourable Orders To Recover Fees From Client: MP High Court
The Madhya Pradesh High Court has condemned a lawyer for making inappropriate comments and allegedly pressurising the court to pass favourable orders in order to recover legal fees from his clients. A single bench of Justice Gurpal Singh Ahluwalia held:The profession of an Advocate is not a business or commercial activity. They are supposed to put forward the case of their client by...
'Monster Like Conduct': Punjab & Haryana High Court Confirms Death Penalty To Man Who Kidnapped, Murdered 7 Yrs Old
Observing that the incident is an example of "monster like conduct", the Punjab & Haryana High Court has confirmed death penalty awarded to a man for kidnapping and murdering a 7-year-old boy in 2010.Justice Sureshwar Thakur and Justice Sudeepti Sharma, "the instant case is of the gruesome murder of a child. It exemplifies dehumanized, besides monster like conduct of the convict-...
UPSC Undertakes Before Delhi High Court To Provide To Puja Khedkar Copy Of Order Cancelling Her IAS Candidature In 2 Days
The Union Public Service Commission (UPSC) informed the Delhi High Court on Wednesday that it will communicate to former probationer IAS officer Puja Khedkar within two days the official order cancelling her candidature.Justice Jyoti Singh was dealing with Khedkar's plea challenging cancellation of her candidature. She impugned the press release issued by the UPSC, contending that the...