All High Courts
Karnataka High Court Directs BBMP To Prepare Draft MoU For Handing Over Maintenance Of Lakes To Private Parties
The Karnataka High Court on Monday permitted the Bruhat Bengaluru Mahanagara Palike (BBMP) to prepare a draft Memorandum of Understanding (MoU) which it would enter into with third parties under the new policy formulated by it, which permits the corporation to hand over 205 lakes for maintenance and preservation, by issuing tenders.The court gave these directions while hearing a batch of...
Karnataka High Court Weekly Roundup: August 12 - August 18, 2024
Citations: 2024 LiveLaw (Kar) 365 To 2024 LiveLaw (Kar) 372Nominal Index:Stanly Kirthiraj AND State of Karnataka. 2024 LiveLaw (Kar) 365Kawal Jeet Kaur AND State of Karnataka. 2024 LiveLaw (Kar) 366Kumara C AND State of Karnataka & ANR. 2024 LiveLaw (Kar) 367Alok Kumar v. Mamatha Singh. 2024 Live Law (Kar) 368Shankar Naik G K AND State of Karnataka. 2024 LiveLaw (Kar) 369Shanthalakshmi...
Doctrine Of Proportionality In Service Matters Not Applicable When Employment Itself Is Based On Fraud: Rajasthan High Court
The Rajasthan High Court has affirmed that the doctrine of proportionality in service matters cannot be invoked in relation to an employee whose basis of attaining employment was fraudulent.It was also held that the High Court's scope of interference with a disciplinary authority's decision on the quantum of penalty in service matters is minimal.The division bench of Justice Pushpendra...
S.135(1A) Electricity Act | Restoration Of Supply Line Conditional On Deposit Or Payment Of Assessed Amount Or Electricity Charges: Gujarat HC
The Gujarat High Court has dismissed a Letters Patent Appeal challenging the computation of assessed electricity charges, emphasising that restoration of electricity supply must be contingent on payment of the assessed amount as per Section 135 (1A) of the Electricity Act, 2003. The Court observed that the petitioner manipulated the system to restore the electricity supply without full payment...
Not Wearing Protective Headgear By Motorcyclist Cannot Negate Right To Compensation: Karnataka High Court
The Karnataka High Court has clarified that failure to wear protective headgear as required by Section 129(a) of the Motor Vehicles Act, though constitutes a contributory negligence, will not drastically affect the compensation awarded to a claimant who has suffered.A division bench of Justice K Somashekhar and Justice Dr Chillakur Sumalatha said this while deciding an appeal filed by Sadath...
Hema Commission Report : Kerala High Court Declines Actor Ranjini's Third Party Appeal, Allows Her To File Fresh Writ Petition
The Kerala High Court today dismissed the writ appeal filed by actor Ranjini challenging the decision of a single bench of the Court allowing the publication of Justice Hema Committee Report on the conditions faced by women in the Malayalam film industry.Noting that Ranjini was not a party to the writ petition filed by Producer Sajimon Parayil (in which the impugned judgment was delivered),...
OTS Benefit Can't Be Denied After Accepting Delayed Installment: Kerala High Court Asks SBI To Release Title Deeds
The Kerala High Court has directed the State Bank of India to release the title deeds of a residential property mortgaged by a petitioner on payment of outstanding debts under the One Time Settlement (OTS) Scheme.The Bank did not confer the benefit of the OTS Scheme to the petitioner, citing a delay in payment of the second instalment within the stipulated time. Justice Dinesh Kumar...
Applications For Condonation Of Delay, Should Not Be Too Hyper-Technical: Kerala High Court
The Kerala High Court has held that the applications for condonation of delay should have been considered without being too hyper-technical and in a judicious manner.The bench of Justice Gopinath P. has observed that the delay in filing the audit report in Form-10B can at best be 30 days, as the law only requires that the audit report be uploaded at least a month before the due date for...
ESOP Employee Without Any Contractual Obligation is , Perquisite', Taxable As Salary U/s 17(2) : Madras High Court
While pointing out that the payment by FPS was not made towards the ESOPs as the Assessee continues to hold the ESOP (Employee Stock Option Purchase) even after the receipt of the compensation, the Madras High Court held the receipt in hands of Assessee qualifies as perquisite and taxable under the head 'Salaries'. Hence, the High Court refuses to allow 'Nil' certificate of tax...
Gujarat High Court Upholds Cancellation Of Student's LLB Degree Due To 'Fraudulent' Graduation Certificate Used For Admission
The Gujarat High Court has upheld the cancellation of an LLB degree after discovering that the petitioner's graduation certificate, used for admission, was fraudulent. Dismissing an appeal challenging the single judge's order, the division bench, comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, affirmed the respondent University's decision to annul the petitioner's...
Kerala High Court Dismisses Petition Challenging Hindi Titles To New Criminal Laws
The Kerala High Court dismissed the petition challenging the Hindi titles given to the 3 new criminal Acts.The judgment was delivered by Acting Chief Justice A. Muhamed Mustaque and Justice S. Manu.Adv. Jeevesh had filed this petition alleging that Hindi titles to these Acts can cause confusion, ambiguity and difficulty for the legal community of non-Hindi/ non – Sanskrit speakers and...
Income Declaration Scheme 2016, Assessee Deposited Amount, Dept. Claim Erroneous; Bombay High Court
The Bombay High Court has directed the department to issue certificates as the assessee deposited all amounts under the Income Declaration Scheme, 2016 (IDS).The bench of Justice G. S. Kulkarni and Justice Somasekhar Sundaresan has observed that the petitioner or assessee in fact complied with all the requirements under the IDS, and the appropriate amount of tax deposited is sufficient to...