News Updates
GST Not Payable On Renting Of A Residential Dwelling For Personal Use: Delhi High Court
The Delhi High Court has held that Goods and Service Tax is not payable on renting a residential dwelling for personal use.The division bench of Justice Manmohan and Justice Manmeet Pritam Singh has observed that the rental of a residential dwelling to a proprietor of a registered proprietorship firm who rents it in his personal capacity for use as his own residence and not for use in the...
[GAIL Service Rules] Provision On Notice Period Only Applicable In Case Of Employees, Not Probationers: Delhi High Court
The Delhi High Court recently observed that once the employer has a right to terminate the probationer without issuing any notice and without granting any salary in lieu of notice, the same has to be made applicable to the probationer - when he wants to leave the job.The court made the observation in an judgement allowing an appeal of a probationer. In the decision, the court referred to the...
Punishment Of Dismissal Proportionate For Bank Employees For Failure To Discharge Duty: Andhra Pradesh HC
The Andhra Pradesh High Court recently held that Bank employees are required to exercise higher standards of honesty and integrity and if any such employee is found guilty of failure to discharge his duty with diligence, he can be meted with the dismissal from service as a proportionate punishment. In Chairman & Managing Director, United Commercial Bank v. P.C. Kakkar (2003),...
Possession Of Higher Qualification Presupposes Acquisition Of Lower Qualification Unless Recruiter Stipulates Otherwise: Kerala HC
The Kerala High Court on Wednesday held that possession of higher qualifications by a candidate in a selection process presupposes the acquisition of the lower qualification for the said post. The Division Bench comprising Justice P.B. Suresh Kumar and Justice C.S. Sudha while holding so, observed that where the candidate does not hold the essential qualification, i.e., a Diploma, but...
DTC Cannot Unleash Untrained And Incompetent Drivers On Public, Must Check Antecedents Of Employees: Delhi High Court
Observing that Delhi Transport Corporation (DTC) is not expected to unleash "untrained and unlicensed drivers" on "unsuspecting innocent public", the Delhi High Court has observed that the public transport undertaking is required to check the antecedents of its prospective employees, particularly whether they possess a valid driving license. Justice Gaurang Kanth said that having such license...
Not Mandatory To Summon Lower Court Record Before Deciding State's Plea For Grant Of Leave U/S 378(3) CrPC: Allahabad High Court
The Allahabad High Court has held that it is not mandatory for the High Court to summon the lower court record in every case before deciding the State Government's application for grant of leave to appeal against an acquittal order as provided under Section 378(3) Cr.P.C. For context, section 378 Cr.P.C. provides for filing of appeal in case of acquittal by the State. Sub-section 3 of Section...
Warrant Can't Be Issued When Party Is Duly Represented Through Counsel: Rajasthan HC Grants Relief To Nokia Directors
The Rajasthan High Court has reiterated that summons/ warrant cannot be issued for insisting personal appearance of a party when such party has entered appearance and is represented by a counsel.Justice Dinesh Mehta thus granted relief to two Directors of Nokia India against whom bailable warrants were issued by a District Consumer Commission in Jodhpur. The bench also directed the Commission...
Supreme Court Grants Relief To 'Pulimoottil Silks' In Trademark Infringement Case
The Supreme Court recently reinstated an interim injunction passed by a District Court in Kerala restraining a textile owner from using the trademark "Pulimoottil Silks".Pulimoottil Silks, is a chain of textile shops, having many branches in Kerala and operating in the state for a period nearing a century. In 2021, a suit was filed by them before the Thrissur District Court against a...
'Demolished Without Hearing Fisherfolk' - Bombay High Court Directs Mumbai Suburban Collector To Reconstruct Crematorium
The Bombay High Court has directed the District Collector Mumbai Suburban to reconstruct a several decades-old crematorium on Erangal Beach in Mumbai which was earlier demolished for alleged Coastal Regulation Zone (CRZ) violations without hearing the local fisherfolk who built it.A division bench of Chief Justice Dipankar Datta and Justice Madhav Jamdar noted that the crematorium was...
Patents On Life-Saving Drugs: Kerala High Court Directs Union Health Ministry And Department Of Pharmaceuticals To File Response
The Court said that if the counter is not filed within the stipulated period of one month, it would be constrained to proceed with the case based on the averments in the Writ Petition.
[Latching On] Does 'More Sellers' Feature On E-commerce Websites Amount To Passing Off? Delhi High Court To Consider
The Delhi High Court is set to consider whether latching on another seller's products - an option provided by e-commerce websites by having 'more sellers' feature under the original seller's product - amounts to passing off and infringes any law.A division bench comprising of Justice Vibhu Bakhru and Justice Amit Mahajan observed that the assumption about "latching on" feature falling foul of...
Test Identification Parade Can't Be Permitted After Lapse Of Several Years: Karnataka HC
The Karnataka High Court has made it clear that Test Identification Parade is to ascertain the identity of accused persons and cannot be conducted after lapse of several years, as there is risk of the witnesses having lost proper memory.It thus set aside an order passed by the trial court permitting the investigating officer to conduct a TIP of an accused after 11 years of filing...