High Courts
Termination order Casting Stigma, There Should Be Proper Enquiry, Andhra Pradesh High Court Reiterates
A single bench of the Andhra Pradesh High Court, comprising Justice Subba Reddy Satti while deciding the writ petition has held that when a termination order is based on allegations that could be stigmatic, it must be treated as punitive. Accused employee must be provided with opportunity to be heard. Background Facts The Petitioner was employed as a Contract Residential Teacher...
Trial Courts Shouldn't Issue Copy Of Victims' Statement To Anyone Till Cognizance Is Taken On Chargesheet: Allahabad HC
The Allahabad High Court recently directed the trial courts not to issue certified copies of the victims' statement recorded u/s 164 CrPC (now section 183 BNSS) to any person until cognizance is taken on the chargesheet/police report. A bench of Justice Vivek Kumar Birla and Justice Arun Kumar Singh Deshwal observed this while noting that in many cases, the accused, while challenging...
'Untraceable' Accused Declared Proclaimed Offender By Punjab Police Caught On VC Watching Court Proceedings: HC Directs Furnishing Details Of Assets
The Punjab & Haryana High Court has directed the renowned real estate developer Jarnail Singh Bajwa, who was declared a proclaimed offender in 2022, to furnish details of all his assets after he was suddenly caught monitoring his case proceedings on Video Conferencing.The Court had also summoned DGP Punjab over the lackadaisical approach of Punjab Police in investigating over 50 FIRs...
Findings In Criminal Trial Should Have Bearing On Disciplinary Proceedings In Case Of Identical Charges:Calcutta High Court
A division bench of Calcutta High Court comprising Justice Tapabrata Chakraborty and Justice Partha Sarathi Chatterjee while deciding writ petition held that the findings in criminal trial should have bearing on disciplinary proceedings, especially when the charges are identical or closely related. Background Facts The employee was appointed as a laborer (Group-D) in the Indian...
No Absolute Estoppel From Raising Dispute Even If 'No-Claim' Or 'Discharge Certificate' Was Signed: Rajasthan High Court
Rajasthan High Court has reaffirmed that there cannot be an absolute rule of estoppel wherein one is not allowed to raise a dispute even after he/she had signed a no claim or discharge certificate, and each case should be looked into on its own facts and circumstances.The bench of Justice Sudesh Bansal was hearing an application for the appointment of an arbitrator filed against Rajasthan...
Multiple Adjournments Sought To Explain Laches: Allahabad HC Adjourns Case Subject To Deposit Of 2K Cost By NHAI Project Director
Recently, the Allahabad High Court has imposed a cost Rs. 2000 on the Project Director of National Highways Authority of India, payable from his salary account, for seeking multiple adjournments for explaining the laches in filing the appeal under Section 37 of the Arbitration and Conciliation Act, 1996.NHAI filed the arbitration appeal with a delay of 11 days. On earlier dates, when the case...
Acquisition Of Flipkart Singapore Shares, Double Taxation Avoidance Treaty,No Invention To Evade Tax: Delhi High Court
While overturning the AAR ruling in the case of Tiger Global - Flipkart transaction, the Delhi High Court allowed India Mauritius DTAA (Double taxation avoidance agreement) benefit to petitioner/ assessee on ground that the transaction stands grandfathered by Article 13(3A) of India-Mauritius Treaty. Simultaneously, the High Court held that Tax Residency Certificate (TRC) issued by...
S.24 HMA | Evidence For Maintenance Pendente Lite' Can Be Led At Application Stage, Does Not Have To Wait For Proceedings In Main Case: Allahabad HC
The Allahabad High Court has held that evidence for the purpose of deciding an application under Section 24 of the Hindu Marriage Act, 1955 can be led at the stage of deciding the application itself. The decision on the application need not wait for evidence to be led in the main case.Section 24 of the Hindu Marriage Act, 1955 provides that in proceedings under the Act if it appears to the...
Forest Officer Suspended For Acting Against Alleged Poaching Of Deer By Villagers: Rajasthan HC Quashes Suspension, Flags Colorable Exercise Of Power
Rajasthan High Court has ruled that powers to suspend a civil servant under the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 shall be used by the competent authority with due caution and vigilance, only after considering its necessity and recording the reasons behind the satisfaction of the same. The Court held that suspending a civil servant without recording...
NIA Act | Appeals Must Be Filed Before Division Bench Even If Order Is Passed By Sessions Court Acting In Absence Of Special Court: Jharkhand HC
The Jharkhand High Court has ruled that appeals related to scheduled offences under the National Investigation Agency (NIA) Act, 2008, must be filed before a Division Bench of the High Court, even when the original judgement or order is passed by a Sessions Court acting in the absence of a designated Special Court.In the ruling delivered by Justice Rajesh Shankar, it was observed, “Looking...
Incorrect To Say Vishalgadh Violence Was 'State-Sponsored' Violence: Maharashtra Govt Tells Bombay High Court
In a bid to defend itself from the criticism following the communal violence at the Vishalgadh Fort area in Kolhapur and the subsequent demolition drive to pull down allegedly 'illegal' structures of a particular community, the Maharashtra Government on Friday denied all the allegations made against it and told the Bombay High Court in clear terms that whatever violence took place was "not...
Absence Of Clear Guidelines For Recruitment Documents, Gauhati High Court Directs Appointment Of Applicant
A single judge bench of the Gauhati High Court comprising of Justice Sanjay Kumar Medhi, while deciding a writ petition held that in the absence of clear and proper guidelines for recruitment documents, an applicant cannot be denied appointment to the job post. Background Facts An advertisement was published on 24th June 2020 for filling 344 posts of Junior Engineer (Civil) under...