Political Vendetta Argument Can't Be Used To Curb Legal Proceeding: Rajasthan HC Nixes Municipal Head's Plea Claiming To Be Target Of Political Rivals

Dismissing a plea by the Chairman of the Municipal Corporation, Nawalgarh alleging political vendetta behind show cause notices issued to him, the Jaipur bench of the Rajasthan High Court said that political vendetta cannot be used as a shield to curb the initiation of proceedings under the law.The grievance raised by the petitioner was that he belongs to a particular political party and with...

[Taxation Law] Market Research, Promotional Activities, Training Or Deployment Of Software Are 'Auxiliary Functions' Under DTAA: Delhi HC

The Delhi High Court has reiterated that “activities such as market research, promotional activities, training or deployment of software would clearly not breach the threshold of auxiliary functions as are envisaged under the DTAA.” Double Taxation Avoidance Agreement (DTAA) was signed between India and the US to prevent International Double Taxation and...

Rajasthan HC Disapproves Of Interim Order Increasing Seats In Medical College, Refuses To Interfere Since Admission Process Was Already Over

While hearing an appeal against a single judge's interim order allowing increase in seats in a medical college, the Rajasthan High Court refused to interfere with the same since the admission process was already over. In doing so the high court, while observing that an interim order increasing the seats should not have been granted, directed the single judge to decide the matter...

Mother Of SFI Leader Abhimanyu Who Was Stabbed To Death In 2018 Over Campus Political Rivalry Moves Kerala High Court Citing Delay In Trial

A petition has been filed before the Kerala High Court by the mother of Abhimanyu, the deceased SFI leader who was murdered in 2018 during a campus political rivalry at Maharajas College, Ernakulam.The mother has approached the Court stating despite the passage of six years, charges have not been framed against 15 accused persons and the case is still in the preliminary hearing stage with...

Working For 240 days, Workmen Should Prove And Not Employer; Rajasthan HC Upholds Workman's Termination

A single judge bench of the Rajasthan High Court comprising of Justice Sudesh Bansal, held that an adverse inference can't be drawn against employer for non-production of record against workman's service period, it is upon the workman to prove their service period of 240 days preceding termination of service. Background Facts The workman was appointed as Watchman by...

Prima Facie Consensual Relationship: Kerala High Court Grants Bail To Film Director Omar Lulu In Rape Case

Kerala High Court on Friday (20th December) granted bail to Malayalam Movie director Omar Lulu in a rape case. Justice P. V. Kunhikrishnan observed that prima facie, the relationship between the director and the complainant seems to be a consensual one. However, the Court added that the investigating officer may continue investigation into the matter.“I don't want to make any observations...

Shuttling Child Between Two Forums Causes Inconvenience And Is Detrimental To Child's Welfare: Kerala High Court In Custody Battle

The Kerala High Court set aside an order issued by the Child Welfare Committee, which had directed the child to be produced before it without hearing the preliminary objections of the mother. The Court noted that the father filed a parallel petition before the Child Welfare Committee, while his original petition for custody was still pending before the Family Court.Justice C S Dias observed...

Gauhati HC Directs Counselling Of Parents Of Minor Rape Survivor Who Underwent Pregnancy Termination To Ensure She Isn't Abandoned

The Gauhati High Court on Thursday (December 19) directed the Secretary, District Legal Services Authority (DLSA) to undertake counselling of the parents of the minor girl, who was allowed to terminate her 26-week pregnancy after she was allegedly gang raped, so that they do not abandon her. A division bench comprising Justice Kalyan Rai Surana and Justice Susmita Phukan Khaund further...

Report On Steps Taken To Provide Ramps/Toilets For Disabled, Elderly Persons In Public Buildings Of Churachandpur: Manipur HC To State

The Manipur High Court on Wednesday (December 18) directed the state government to file a report regarding action taken for providing ramps and toilets to the people with disabilities and elderly persons in public buildings of Churachandpur district.The order was passed by the division bench comprising Chief Justice D. Krishnakumar and Justice Golmei Gaiphulshillu Kabui in a Public...

ESI | Medical Reimbursement Can't Be Denied Merely Because Insured Person Got Treated At Hospital Not Approved By Insurer: Kerala HC Reaffirms

The Kerala High Court on Thursday (December 19) reiterated that medical reimbursement cannot be denied because an insured underwent treatment in a hospital not approved by the insurer.The petitioner sought reimbursement from the Employees State Insurance Corporation (ESI), since her husband had to undergo an emergency liver transplantation in a non ESIC hospital. And, his claim for...

Employee Of Aided Schools Can Directly Recover Grant In Aid From The State Government : Rajasthan High Court

A single judge bench of the Rajasthan High Court, comprising of Justice Sudesh Bansal held that the grant-in-aid can be sanctioned and paid directly by the State Government to the employees of the aided educational institutions. Background Facts The petitioner was an aided institution where respondent-Employee was appointed on a sanctioned and aided post. The Rajasthan...

Witness Statements Which Form Part Of Police Report Can Be Seen To Decide Quashing Plea: BS Yedurappa To Karnataka HC In POCSO Case

Former Chief Minister B S Yediyurappa told the Karnataka High Court on Thursday (December 19) that statements of witnesses collected during investigation which forms part of the police report can be looked into by the high court to decide a plea for quashing an offence. Justice M Nagaprasanna was hearing the former CM's plea seeking to quash a case registered against him under the Protection...