Delhi HC Orders DDA To Pay ₹11 Lakh To Family Of Man Who Died In Balcony Collapse, Flags Structural Failures & Negligence In Maintenance

The Delhi High Court has ordered the Delhi Development Authority (DDA) to pay compensation of over Rs. 11 lakh to a woman and her minor sons, after her husband died after a balcony in their DDA flat collapsed 24 years ago. Justice Dharmesh Sharma pulled up the DDA for negligence and said that it had a "continuing obligation" to ensure the flat infrastructure's "durability and...

928 BMTC Buses Have Audio Announcement System To Aid Visually Impaired Persons: Karnataka High Court Told

Bengaluru Metropolitan Transport Corporation (BMTC) informed the Karnataka High Court on Friday (November 15) that an audio announcement system has been installed in 928 buses for the aid of physically challenged and visually impaired persons, to know the stops or the destinations.A division bench of Chief Justice N V Anjaria and Justice K V Aravind accepted the statement made by the counsel...

CGST Act | Commissioner Empowered To Withhold Refunds Both From Electronic Cash Ledger And Electronic Credit Ledger: Delhi HC

The Delhi High Court has held that refunds, be it from the balance left in Electronic Cash or the Electronic Credit Ledger, are treated at par and the Commissioner under the Central Goods and Services Tax Act may withhold both in exercise of its powers under Section 108. Section 108 empowers the revisional authority to place in abeyance “any order” made under the CGST Act, which in...

Temporary Pandemic Allowances Must Be Excluded From Wage Calculations For ESIC: Delhi HC

Delhi High Court: A Single Judge Bench of Justice Girish Kathpalia ruled that temporary special incentives paid during the pandemic should not be included in wage calculations for ESI. The court emphasized that including such temporary pandemic-related payments in the wage calculation would contradict the scheme's welfare objectives. The judgment established that special allowances meant...

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored.The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. Justice P .G. Ajithkumar stated that the Sessions Judge committed an error...

Rajasthan HC Permits Woman Booked In Criminal Case To Return Abroad For Studies, Prevent Revocation Of Her Daughter's Foreign Citizenship

Rajasthan High Court allowed the petition filed by a women accused in a Cheating case, seeking permission to get back her passport and return to Canada to finish her studies and also prevent the revocation of her daughter's Canadian citizenship for staying in another nation for more than 180 days.The bench of Justice Farjand Ali was hearing the petition against the order of the...

[Confiscation] No Provision For Waiver Of Show Cause Notice U/S 124 Of Customs Act: Delhi High Court

The Delhi High Court recently came to the rescue of an OCI cardholder whose luxury watch was confiscated by the Customs Department when she landed at IGI Airport, without issuance of any show cause notice under Section 124 of the Customs Act, 1962. Section 124 stipulates that no order confiscating any goods shall be made unless the owner of the goods is given a notice informing...

Foreign Law Degree Holder With Bridge Course Not Required To Clear Other Qualifying Exams Except AIBE: Karnataka HC Cites BCI Notification

The Karnataka High Court has directed the State Bar Council to enrol a law degree holder from foreign university who has completed 2 years of Bridge Course, on its rolls on the basis of the results of the Bridge Course without insisting for any other qualifying examinations other than AIBE.A single judge bench of Justice Suraj Govindaraj allowed petition filed by Karan Dhananjaya and said “I...

State's Alcohol Ban Led To Illegal Liquor Trade; Police, Excise, Tax, Transport Dept Officials Love The Ban As It Means Big Money: Patna HC

While quashing the penalty of demotion imposed on an Inspector on the ground that he had been negligent in implementing the Excise Prohibition law, the Patna High Court observed that while the law was passed with the objective of improving public health however "for several reasons, it finds itself on the wrong side of the history".In doing so the court observed that prohibition law in the...

Gauhati High Court Closes PIL On Heritage Tree Felling In Assam's Dighalipukhuri After Govt Decides On Realignment Of Flyover

The Gauhati High Court on Wednesday (November 13) closed a Public Interest Litigation raising grievance that construction of two arms, connecting the under construction elevated road on GNB Road, would require the old trees aged about hundred years or more in and around Dighalipukhuri pond to be felled down.The division bench of the Chief Justice Vijay Bishnoi and Justice N. Unni Krishnan...

Deposit Of Awarded Amount In Court Registry Sufficient To Extinguish Liability Arising Under Award: Himachal Pradesh High Court

The Himachal Pradesh High Court bench of Mr. Justice Bipin Chander Negi has held that the deposit of awarded amount in pursuance of an order of the court into the court registry would be equivalent to payment under section 31 of the Arbitration Act. This will extinguish the liability arising under the award for which execution petition would then not be maintainable. Brief...

Court U/S 45 Of Arbitration Act Must Refer Parties To Arbitration Unless Agreement Is Void Or Inoperative: Delhi High Court

The Delhi High Court bench of Justice Dinesh Kumar Sharma affirmed that Section 45 of the Arbitration Act casts a statutory mandate on Courts to refer parties to an arbitration agreement to arbitration. The only limited exception carved in Section 45 is if the Court is of the prima facie opinion that the arbitration agreement is (a) null and void; or (b) in-operative; or (c) incapable...