All High Courts
In Absence Of Fraud, Mischief, Misrepresentation, Public Employment Can't Be Terminated, Reiterates Rajasthan High Court
Rajasthan High Court has affirmed that public employment of individuals granted on merit, without any fraud, mischief, misrepresentation or mala fide on part of the employee, could not be terminated only on the ground of revision in the cut off marks that too at a quite belated stage.The bench of Justice Vinit Kumar Mathur observed that while exercising its powers under Article 226, the Court...
Amount Seized From Third Party Is Not Eligible For Adjustment Against Advance Tax Liability Of Assessee: Punjab & Haryana HC
The Punjab & Haryana High Court held that cash seized from possession of another person cannot be adjusted against Assessee's tax liability as advance tax paid by him. The Division Bench comprising Justice Sanjeev Prakash Sharma and Justice Jagmohan Bansal observed “From sub-section (3) of Section 132B, it is evident that person from whose custody assets is seized is entitled...
Orissa High Court Asks Ministry Of Petroleum & Natural Gas To Spread Awareness About Insurance Coverage In Cylinder Blast Cases
The Orissa High Court has asked the Union Ministry of Petroleum and Natural Gas to frame a robust advertisement policy for the oil marketing companies with respect to safety norms in handling LPG cylinders and also to spread awareness in public about insurance coverage in case of accidental cylinder blasts.Highlighting the ignorance of general public about the insurance coverage, the Single...
The Court Can't Re-Appreciate Evidence Or Re-interpret Contracts While Examining Patent Illegality : Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that the court cannot re-appreciate evidence under the guise of patent illegality, as per the proviso to Section 34 (2-A) of the Arbitration and Conciliation Act, 1996. It remarked that the Court cannot be sitting in appeal over the Tribunal's decision and cannot re-interpret the contract differently from...
Karnataka High Court Monthly Digest: August 2024
Citations: 2024 LiveLaw (Kar) 348 To 2024 LiveLaw (Kar) 387 Nominal Index:THE BANGALORE, BANGALORE RURAL AND RAMANAGARA DISTRICT CENTRAL CO-OPERATIVE BANK LTD AND Assistant Commissioner & Others. 2024 LiveLaw (Kar) 348ABC AND State of Karnataka. 2024 LiveLaw (Kar) 349Nagamma & Others AND Rudrayya & Others. 2024 LiveLaw (Kar) 350Principal Additional Director General...
Orissa High Court Orders ₹2 Lakh Compensation To Man Who Sustained Severe Injuries In LPG Gas Cylinder Blast
The Orissa High Court has recently ordered an insurance company to pay ex-gratia compensation to the tune of ₹2 lakh to a man who sustained fatal injuries in an accidental LPG gas cylinder blast in the year 2021.While fixing the responsibility of gas company and insurer, the Single Bench of Dr. Justice Sanjeeb Kumar Panigrahi held –“…this Court is of the view that the Oil/LPG companies...
Tailor Kanhaiya Lal Murder Case: Rajasthan High Court Grants Bail To Mohammad Javed, Accused Of Doing Recce
Rajasthan High Court granted bail to one of the accused, Mohammed Javed, in the tailor Kanhaiyalal murder case that took place in 2022, on the grounds that the prosecution was not able to present any evidence to show that the appellant conspired with the primary accused.The division bench of Justice Praveer Bhatnagar and Justice Pankaj Bhandari was hearing the criminal appeal filed by...
Will You Write Off Loans Of Wayanad Landslide Victims? High Court Asks Centre, Calls For "Carrying Capacity Assessment" Of Hills To Limit Tourists
Continuing hearing in the suo moto case initiated in the aftermath of devastating Wayanad landslides, the Kerala High Court today asked the Central government and the National Disaster Management Authority whether it is willing to write off personal loans, motor vehicle loans and housing loans availed by members of the affected families.Section 13 of the Disaster Management Act, 2005...
High Court Notes "Lapses" In Mumbai Police's Probe Into Murder Of ShivSena (UBT) Corporator During FB Live, Transfers Investigation To CBI
The Bombay High Court on Friday transferred the investigation in the murder case of Shiv Sena (Uddhav Thackeray Faction) corporator Abhishek Ghosalkar, to the Central Bureau of Investigation (CBI).Ghosalkar, 41, was shot dead during a Facebook Live by his political rival Mauris Noronha on February 8, 2024. Soon after the incident, Noronha too allegedly committed suicide. Pointing several...
Trial Against Person With Alzheimer's Must Be Postponed Under CrPC & BNSS If Accused Incapable Of Making His Defence: Kerala High Court
The Kerala High Court has held that a person accused in a criminal case but incapable of making defence due to Alzheimer's Dementia is entitled to protection under the CrPC and The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.Chapter XXV of CrPC pertains to provisions for accused persons of unsound mind. It includes persons suffering from unsound mind or mental retardation. Chapter XXVII...
Chhattisgarh High Court Initiates Suo Moto PIL Over Death Of Bastar's Tribal Girl Due To An Unknown Disease
The Chhattisgarh High Court has initiated a Suo Moto PIL over the death of a tribal girl in the state's Bastar district due to an unknown disease. A bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru took note of a newspaper item published in Times of India with the heading Tribal girl dies of unknown disease in Bastar with the sub-heading 'Typhoid test reports...
MP High Court Pulls Up Then Gwalior Collector For Demolishing Shops Despite Interim Protection Order, Refrains From Initiating Contempt
The Gwalior bench of the Madhya Pradesh High Court in a plea against lease termination and subsequent demolition of certain shops in 2022 expressed its displeasure with the then Collector, Gwalior for "giving a lame excuse" that since he was not a party to the matter he was unaware about the court's interim order protecting the shopkeepers from dispossession. The high court while stopping...