Additional Collector's 'Quasi Judicial' Action Protected Under Judges (Protection) Act: Madhya Pradesh HC Nixes 'Malafide' Disciplinary Case

While quashing a charge sheet and setting aside 'malafide' disciplinary proceedings against an Additional Collector, the Jabalpur bench of the Madhya Pradesh High Court said that the petitioner falls under the definition of a judge while discharging functions as quasi-judicial officer and is protected under the Judges (Protection) Act. In doing so the high court also criticised the act of...

Delhi High Court Presumes Man Dead Who Went 'Missing' During COVID-19 From LNJP Hospital, Grants ₹5 Lakh Compensation To Wife

Presuming a man dead who purportedly went missing during the second wave of COVID-19 pandemic from Lok Nayak Jai Prakash (LNJP Hospital, the Delhi High Court has recently granted Rs. 5 lakh ex-gratia compensation to his wife.A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma clarified that the payment shall not be in any manner construed as a liability or admission...

Dispute Referral By State Government To Central Labour Tribunal Valid Only When Authorized By Central Government: Allahabad HC

Allahabad High Court: A single bench of Justice Subhash Vidyarthi declared that the canteen workers of Hindustan Aeronautics Ltd. (HAL) were direct employees of the company, despite the existence of a contract with a third-party canteen operator. However, the court ruled that the question of whether the contract between HAL and the canteen operator was a “sham” was beyond the...

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing...

Recovery Action Against Company Directors Cannot Be Initiated If Status Of Assessee Is Non-Existent: Madras High Court

The Madras High Court ruled that recovery actions against the directors of a company cannot be initiated if the status of the assessee is non-existent. The Division Bench of Justices Anita Sumanth and G. Arul Murugan observed that “while in the case of amalgamation, it is only the apparent and outer shell of the company which is destroyed…. However, in the case of...

[S.263 IT Act] Revisionary Power Can Be Invoked When Order Meets Twin Conditions Of Being Erroneous, Prejudicial To Interest Of Revenue: Delhi HC

The Delhi High Court has held that in order to invoke Section 263 of the Income Tax Act, 1961, the Principal Commissioner must satisfy “twin conditions”, i.e. form an opinion that the order passed by the Assessing Officer is “erroneous” and “prejudicial” to the interests of the Revenue. The provision confers power of revision upon the Principal Commissioner or Commissioner,...

Cross-Examination Requests In Show Cause Proceedings Cannot Be Allowed Without A Reply From Noticee: Madras High Court

The Madras High Court stated that a request for cross-examination of a witness in a Show Cause proceeding cannot be allowed if no reply on merits has been provided by the noticee. The Division Bench of Justices R. Suresh Kumar and C. Saravanan observed that “………the question of entertaining an application for cross-examination of the witnesses without any reply on merits by...

Multi-Clause Contracts Should Be Interpreted So That A View On Any Particular Clause Doesn't Violate Another Part Of The Contract: Delhi HC

The Delhi High Court bench of Justices Vibhhu Bakhru and Sachin Datta affirmed that the explicit terms of a contract are always the final word with regard to the intention of the parties. The multi-clause contract inter se the parties has, thus, to be understood and interpreted in a manner that any view, on a particular clause of the contract, should not do violence to another part of...

Madras HC Reserves Order On Actress Kasthuri's Anticipatory Bail Plea In Connection With Alleged Controversial Remarks On Telugu Community

The Madras High Court has reserved orders on an anticipatory bail petition filed by actress Kasthuri for her alleged controversial comments on the Telugu community in Tamil Nadu. Speaking at a Brahmin meet in Chennai on November 3rd, the South Indian actress had made comments against the Telugu community suggesting that the Telugu people, who had come to serve the courtesans of the...

Withholding Rape Victim's Medico Legal Report Raises Adverse Presumption Against Prosecution Case: Patna HC Acquits Life Convict After 12 Yrs

The Patna High Court has acquitted a man 12 years after conviction for rape, while observing that withholding a rape victim's medico-legal examination report raises adverse presumption against the prosecution's case.Justice Jitendra Kumar, while delivering the judgment, noted that the medico-legal examination report of the informant was not placed on record. The bench observed, “there is...

Waqf Board Issuing Marriage Certificates Unheard Of In Law: Karnataka HC Orally Says In Plea Challenging Govt Order Authorising Board

The Karnataka High Court on Tuesday (November 12) orally said that the Government Order which authorised the Waqf Board to issue marriage certificates to married Muslim applicants was unheard of in law. The court orally said this while hearing a petition filed by one A Alam Pasha. The plea has sought to declare the government order dated September 30, 2023 issued under the hands of the...

No Prosecution For Possessing Waqf Property Without Sanction From Waqf Board If Possession Was Before Insertion Of S.52A Waqf Act: Kerala HC

The Kerala High Court held that there cannot be a prosecution under Section 52A of the Waqf Act for taking possession of Waqf property without prior sanction of the Waqf Board if there was prior possession of the property, that is before the insertion of Section 52A in 2013. Section 52A of the Waqf Act provides rigorous imprisonment up to 2 years for alienation, purchasing or possession...