Non-Maintenance of Form F Records Is Springboard for Foeticide: P&H HC Upholds 80-Year-Old’s Conviction under PCPNDT Act
“Non-maintenance of records is springboard for commission of offence of foeticide, not just a clerical error.”
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Explainer: Delhi High Court on Limitation, Waiver, and MGCC Shortfall Deductions under Arbitral Awards in Section 34 Proceedings
The Delhi High Court upheld an arbitral award holding that deduction towards Minimum Guaranteed CENVAT Credit (MGCC) shortfall was impermissible in the absence of an express contractual clause. The Court also ruled that limitation commenced from the date of actual deduction from final invoices and not from a prior notice contemplating such deduction.
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Can a Railway Employee Claim HRA After Building His Own House and Vacating the Railway Quarter? Gauhati HC Explains How the Rules Work
The Court held that a railway employee is not entitled to HRA when vacant government quarters, in the entitled category, are available.
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Can shortfall in MGCC be deducted from net contract value? Delhi High Court explains
The Court held that deduction for shortfall in Minimum Guaranteed CENVAT Credit (MGCC) could not be made from the net contract value, as such an interpretation would effectively result in a double deduction unsupported by the contract terms.
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Penalty under RTI Act Unsustainable Without Finding of Mala Fide: Chhattisgarh HC Quashes State Information Commission’s ₹25,000 Order
The High Court noted that since the State Information Commission failed to record any findings on mala fide denial, unreasonable delay, or contumacious conduct, the penalty order lacked legal foundation and was therefore liable to be quashed.
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“Showed genuine remorse for their actions”: Allahabad High Court grants bail to men accused of throwing non-veg food in River Ganga
The Court stated that the act of throwing food into the River Ganga, including non-vegetarian food, could rightly be said to hurt the religious sentiments of the Hindu community.
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Who is a ‘Secured Creditor’ Under IBC? Not the VAT Authority, Says Madras HC; Quashes Attachment of Property
“Once an order of liquidation is passed and a statutory liquidator is appointed, the assets of the corporate debtor are required to be dealt with in accordance with Section 53 IBC i.e. the “waterfall mechanism” and the dues are to be paid in the order of priority set out in the section. Section 238 IBC contains a non-obstante clause giving primacy to the mechanism for distribution of the assets of the corporate debtor in the manner prescribed under the IBC.”
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Sub-Broker or Seller? Delhi High Court Grants Interim Protection from Arrest in ₹5.63 Crore Unlisted NSE Shares Dispute
Delhi High Court granted interim protection from arrest in an anticipatory bail plea arising out of a transaction involving unlisted NSE shares, observing that the MoU prima facie supported the applicant’s defence and that the e-mail describing the company as “seller” was insufficient to justify custodial action.
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Rajasthan High Court directs seizure of driver’s phone; issues contempt notice over unauthorised recording of court proceedings
“This act constitutes a serious interference with Administration of Justice and also makes out a prima facie case of criminal contempt under the Contempt of Courts Act, 1971.”
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Judges Do Not Hold Press Conferences and Have Very Limited Means to Protect Themselves: Delhi HC on Judicial Silence in the Age of Social Media
“The entire exercise appeared aimed at achieving indirectly, through public pressure and social media campaigns, what could not be achieved directly through judicial proceedings and legal arguments before the Court — that this particular matter pertaining to discharge of respondents in the 2022 Delhi Excise Policy — be not heard by this Court.”
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Can be Evicted but Cannot be Left Without Schools, Buses and Water: Delhi HC on Jhuggi Relocation and Article 21
The respondents submitted that “the rehabilitation and relocation of the jhuggi dwellers has become essential due to the highly sensitive and strategic location of the area. The JJ clusters lie in a protected zone, immediately next to an operational Air Force Station.”
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Fake or Invalid Licence Alone Cannot Save the Insurer: Karnataka High Court modified the award by Motor Accident Claims Tribunal
“Unless the breach is so fundamental that it has contributed to the cause of the accident, the Insurance Company cannot avoid its liability.”
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A Parking Dispute at Yamuna Sur Ghat Brought Delhi HC to Ban All Commercial and Religious Activities on Flood Plains
“In view of the interest of environmental protection and the area being ecologically sensitive, all types of commercial/religious activities for any purpose whatsoever shall be restricted from the said area.”
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Abetment to suicide proceedings against school teacher Quashed; No proximate nexus between alleged harassment and suicide: Allahabad HC
“However harsh or severe the harassment, unless there is a conscious deliberate intention, mens rea, to drive another person to suicidal death, there cannot be a finding of abetment under Section 306.”
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Permitted in Cinemas but Stopped on OTT? That’s “Incongruous”: Delhi HC Refuses Injunction Over Remixed “Tirchi Topiwale” in Dhurandhar 2
Delhi High Court refused interim injunction against the OTT release of Dhurandhar: The Revenge in a copyright dispute over the remixed “Tirchi Topiwale” song from Tridev, holding that suppression of material facts and prolonged inaction disentitled the plaintiff from equitable relief.
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When Senior Citizens Act and Domestic Violence Act Collide: Delhi HC Draws the Line on Daughter-in-Law’s Right of Residence in Shared Household
The Delhi High Court upheld the eviction of a widow and her son from the in-laws’ property under the Senior Citizens Act, holding that shared household rights under the Domestic Violence Act do not create proprietary rights and cannot override senior citizens’ right to peaceful residence.
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Right to Make Representation Must Be Communicated When Grounds of Detention Are Served, Not Weeks Later: Manipur HC Sets Aside NSA Preventive Detention Order
“The right to make a representation implies that the person detained must be informed of his right to make a representation to the authority that has made the order of detention at the time when he is served with the grounds of detention so as to enable him to make such a representation and the failure to do so results in denial of the right to make representation and renders the order invalid.”
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“Power and Popularity Do Not Confer Constitutional Immunity”: Delhi HC’s Criminal Contempt Order Against Kejriwal and Others Explained
“When the institution of the judiciary and this Court was put on trial, it became the duty of this Court, at that moment, to stand up for itself and the institution”
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Child Below Five Belongs with Mother Unless Proven Unfit: Allahabad HC Grants 21-Month Old’s Custody to Mother
Allahabad High Court: In a habeas corpus writ petition filed by mother seeking custody of a 21-month-old minor child,
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Raid Within Days of AAP-BJP Switch Was Political Vendetta, Not Environmental Urgency: Punjab & Haryana HC Applies Wednesbury to Restrain PPCB
In the case at hand, the Punjab Pollution Control Board raided a company at the time when its Chairman Emeritus switched political allegiance from AAP to BJP.
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