All High Courts
Rajasthan HC Denies Relief To Govt Job Aspirants Excluded From Selection Process For Improperly Filling OMR Sheet
The Rajasthan High Court has denied relief to candidates of a public examination, who incorrectly filled their OMR sheets after failing to follow instructions, leading to the rejection of their sheets from the evaluation process. The Court said:“It is of utmost importance that in order to preserve the sanctity of the selection process for filling up posts under public employmentthe...
Capacity Building In Forensic Sciences Necessary To Effectively Implement BNSS Provisions: Calcutta High Court
The Calcutta High Court has held that capacity building in the arena of forensic science is a sine qua non for effective and proper implementation of the provisions of Bharatiya Nagarik Suraksha Sanhita (BNSS) which emphasizes on use of forensic science in investigation. A division bench of Justices Joymalya Bagchi and Biswaroop Chowdhury further elaborated on the various provisions of the...
Trial Court Rejecting Application For FSL Report Of Weapon In Attempt To Murder Case Leads To Miscarriage Of Justice: Rajasthan High Court
The Rajasthan High Court set aside the order of an Additional Sessions Judge that had disallowed the application filed by the complainant seeking an FSL report of the alleged weapon and the blood-stained clothes in a case of attempt to murder.The court held that denying the FSL report which would assist the trial court in correctly concluding the role of the accused was a miscarriage of...
Police Station Not Suitable Place For Child's Visitation, No Need To Increase Emotional Burden During Parents' Stressed Marriage: Allahabad HC
While modifying the order the Family Court, the Allahabad High Court observed that a police station is not a place for child visitation as the transactions happing in a police station may add to the emotional stress of parents separating.Appeal was filed against the order the Family Court allowing visitation rights at a police station. The bench comprising of Justice Saumitra Dayal Singh...
Employee Can't Be Made To Retire Before Date Of Retirement Unless Date Of Birth Is Changed In Original Service Records: Allahabad High Court
The Allahabad High Court has held that an employee cannot be retired prior to his date of retirement unless the date of birth of such employee is changed in the original service records to enable the authority to retire the employee.A bench of Justice Ajit Kumar held that “without changing the date of birth originally recorded in the service book, an employee cannot be made to retire. The...
Kerala High Court Allows Adjustment Refund Amount Towards Amount payable under Amnesty Scheme
The Kerala High Court has held that it is open to the department to consider an adjustment of the refund amount due to the appellant towards the amounts due from him by way of settlement under the Amnesty Scheme.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has quashed the order passed by the Single Bench in which it was held that the Amnesty Scheme was essentially...
Goods Transported For Own Use, No Intention To Evade Tax, Kerala High Court Deletes Penalty
The Kerala High Court has held that the assessee, immediately after the goods were detained, produced the statutory declarations in Form 16 to demonstrate that the goods that were being transported were for the own use of the assessee.The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M., while upholding the Tribunal's order, observed that there was no intention on the...
Educational Activities Neither Business Nor Profession, Covered Under Section 2 (15) Of Income Tax Act: Delhi High Court
The Delhi High Court has held that the assessee is carrying on educational activities that are covered by the provisions of Section 2 (15) of the Income Tax Act, and it is neither business nor profession of the assessee. The bench of Justice Yashwant Varma and Justice Ravinder Dudeja observed that the mode and manner in which education is imparted would be a concept that would have to...
Non-Filing Of GST Return Due To Technical Glitch, Bank Can't Be Penalised: Telangana High Court
The Telangana High Court has held that the petitioner bank could not file its return in the GST portal because of a technical glitch and cannot be saddled with demand, penalty, and interest.The bench of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao has observed that it was the duty of the department to keep their portal functional. If the portal was not functional or had a...
Mere Direction To Decide Representation By HC Does Not Revive Stale Claim Of Salary Dues: Allahabad High Court
The Allahabad High Court has held that even though Article 226 of the Constitution does not contemplate laches, merely obtaining a direction to decide representation after significant delay in making the claim (and in submitting representation) would not give rise to a new cause of action or revive a stale claim of salary dues by the petitioner.Justice Subhash Vidyarthi relied on State...
Rajasthan HC Orders Action Against Medical Officer Who Erroneously Classified Victim's Injuries As Life-Threatening In Attempt To Murder Case
A bench of Justice Rajendra Prakash Mishra at the Rajasthan High Court has frowned upon an allegedly erroneous report prepared by a medical officer in an attempt to murder case and directed the Secretary, Medical and Health Department to take appropriate action against the officer.The Court was hearing a bail application filed by the accused who was booked for attempt to murder. After...
In Absence Of Orthopaedic Doctor On Committee, Medical Certificate Of Disability Issued By CMO Cannot Be Disbelieved: Allahabad High Court
The Allahabad High Court has recently held that in absence of a medical officer specialising in orthopaedics on the Committee, medical certificate stating 60% disability issued the Chief Medical Officer cannot be disbelieved.“Certificate issued by a Chief Medical Officer could have been questioned only by the penal of medical officers in the field of orthopaedics, otherwise one could not...