News Updates
Delhi High Court Grants Further Time To Centre For Filing Detailed Response In Plea To Declare PM Cares Fund As 'State'
The Delhi High Court on Friday granted further time to the Centre for filing a detailed and exhaustive reply in a plea seeking a declaration that PM CARES Fund is "State" under Article 12 of the Constitution of India. A division bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad granted further four weeks' time to the Centre for filing its reply while posting...
Non-Filing Of Legal Proceedings Certificate Does Not Disentitle Party To File Suit Seeking Injunction In Apprehension Of Trademark Infringement: Delhi HC
The Delhi High Court has observed that mere non-filing of a 'legal proceedings certificate' is not concealment of such a material nature so as to disentitle the plaintiff to file a suit seeking an injunction, wherein it apprehends infringement of its trademark. A division bench comprising of Justice Vibhu Bakhru and Justice Amit Mahajan was dealing with a plea filed by M/s Maan...
[Pension] Employees Of Statutory Organizations Running In Losses Can't Seek Parity With Employees Of Profit Making Corporations: Tripura High Court
The Tripura High Court recently observed that employees of statutory organizations cannot claim, as a matter of right, the pensionary benefits, as provided to few of the corporations who have been able to generate their own funds with one-time support from the state government.The observation was given by Justice Arindam Lodh while dealing with a batch of writ petitions filed against...
Supply Of Services For Printing On Duplex Board Attracts 12% GST: AAR
The West Bengal Authority of Advance Ruling (AAR) has held that the supply of services for printing on duplex board belonging to the recipient, including cutting, punching, and lamination of the duplex board, so printed, would attract 12% GST irrespective of whether the recipient of the services is registered under the GST Act or not. The two-member bench of Brajesh Kumar Singh and...
Delhi High Court Upholds Validity Of Centre's 2013 Notification For Compounding Offences Before Institution Of Prosecution Under FCRA
The Delhi High Court has upheld the validity of Ministry of Home Affairs' notification dated April 26, 2013 specifying the officers competent for compounding the offences before institution of any prosecution, issued under sec. 41(1) of the Foreign Contribution (Regulation) Act, 2010. The said provision states that any offence punishable under the FCRA Act, not being an offence punishable...
J&K Migrant Immovable Property Act | Only District Magistrate Has Authority To Hold Enquiry Into Alienation Made In Contravention Of Act: High Court
The Jammu and Kashmir and Ladakh High Court on Thursday ruled that the Divisional Commissioner is only the authority competent to grant permission for alienation under Section 3 of the J&K Migrant Immovable Property 1997, whereas it is the District Magistrate having the jurisdiction in the area where the property is situated, who is given authority to hold an enquiry into...
Temporary Official Appointed On Daily Rated Or Work Charge Basis To Do Specific Job Cannot Claim Seniority For Such Service Period: Delhi High Court
The Delhi High Court has held that a temporary official who is purely appointed on daily rated or work charge basis for specific period to do a specific job, cannot claim to be a regular employee of an establishment and thus cannot claim seniority for the period of his service rendered on work charge basis.Justice Gaurang Kanth was dealing with a plea filed by BSES Yamuna Power...
Art. 227 | Not Proper To Re-appreciate Evidence & Substitute Own Findings Only Because Second View Possible: Orissa High Court Reiterates
The Orissa High Court has reiterated that it is not proper for the High Court to re-appreciate evidence while exercising jurisdiction under Article 227 of the Constitution and thereby to substitute its own views in the place of views expressed by the Courts below only on the ground that a second or alternative view is possible. While dismissing the petition which called...
Courts Flooded With Litigations, No Time For Frivolous Petitions: Rajasthan HC Imposes ₹25 Lakh Cost On Party For Concealing Relevant Facts
The Rajasthan High Court has recently observed that any citizen whose rights are infringed by any Authority or by any person, has a right to seek remedy by approaching the Courts of law, however, such right should not be misused by concealing important facts. The court added that the litigant who files any case before any forum has to come with clean hands and he has to disclose complete...
'Provocative Dress' Remark : Sessions Judge Files Appeal Before Kerala HC DB Against Single Bench Order Upholding Transfer
The Principle District and Sessions Judge, Kozhikode, S. Krishnakumar, who passed the controversial 'Provocative Dress' order in Civic Chandran's case, has approached the Kerala High Court challenging the dismissal of the plea moved by him challenging his transfer to the post of Presiding Officer, Labour Court, Kollam.In the Writ Appeal moved through Advocate Mathew J Murikan, the...
NOC Of Trademark Office Mandatory For Claiming Copyright Registration Of Artistic Work In Respect Of Goods & Services: Delhi High Court
The Delhi High Court has observed that in order for any person to obtain copyright registration of an artistic work which is being used or is capable of being used in respect of any goods and services, the no objection certificate (NOC) is mandatorily to be obtained under the proviso of sec. 45(1) of the Copyright Act, 1957. The said proviso states that the application for entering particulars...
No Plans To Return Elephant Joymala To Assam: TN Govt Tells High Court
Amid rifts between the Assam and the Tamil Nadu government over the custody of Joymala- a temple elephant leased by Assam to Tamil Nadu, the Tamil Nadu government on Thursday informed the Madras High Court that it did not intend to send the elephant back to Assam. Additional Advocate General J Ravindran made the submission before a bench of Acting Chief Justice M Duraiswamy and...