law

Case BriefsHigh Courts

All HC | Can a complaint filed in light of S. 138 NI Act be dismissed on ground of one day delay? Read Court’s reasoned order

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., held that a complaint made in light of dishonor of cheque filed with a delay

Case BriefsHigh Courts

HP HC | Whether an employee who retired on 31st of a month is entitled to increment which would have fallen due on 1st of the next month; HC elucidates

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., dismissing the present claim against the

Case BriefsHigh Courts

P&H HC | Right to Voice Opinion freely and Criticize government’s functioning is every citizen’s right in a democracy: Read Court’s outlook on language to be adopted while criticising

Punjab and Haryana High Court: Sudhir Mittal, J., while addressing a bail matter observed that, while criticising the government in a democracy is

Case BriefsHigh Courts

[Doctrine of Legitimate Expectation] Chh HC | Guest teachers have a legitimate expectation from the ‘State’ to be permitted to continue services until regular appointments are made

Chhattisgarh High Court: Goutam Bhaduri J., allowed the petition by stating that replacing present guest teachers with a new set of appointments

Case BriefsHigh Courts

Utt HC | Court rejects Plea of bias against the Enquiry officer; Dismisses petition in the matter of departmental proceedings

Uttaranchal High Court: The Division Bench of Sudhanshu Dhulia and Alok Kumar Verma, JJ., dismissed a writ petition which was filed in

Case BriefsHigh Courts

CESTAT  | 100% Export Oriented Unit entitled to refund claim for the Cenvat credit under R. 5 of CCR, 2004; Tribunal allows appeal

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of P.V. Subba Rao (Technical Member) and P. Dinesha (Judicial Member) allowed

Op EdsOP. ED.

Government Contracts – Are the interests really balanced?

by Apurv Parashari*

Case BriefsHigh Courts

Ker HC | Interstate delivery of exempted goods under the GST Act must bear an e-way bill as well as a delivery challan; Detention of consignment held valid

Kerala High Court: A.K. Jayasankaran Nambiar, J., while holding the detention of goods valid as per Section 129(1)(b) read with Section 129(3)

Case BriefsHigh Courts

[Organ Transplant] Ori HC | Certification limiting organ donation from ‘near relative only’ is contrary to law; Authorization Committee has discretion to decide regarding an unrelated donor

Orissa High Court: P. Patnaik J., allowed the petition directing that any certification that limits donation of organ from near relatives only

Case BriefsHigh Courts

Jhar HC | Procedural Haste cannot be contended as a ground for challenge when enquiry report discloses Provisionary compliance; Court refrains from acting against well-reasoned order of Disciplinary Authority

Jharkhand High Court: Deepak Roshan, J., while dismissing the present batch of petitions, found no infirmities in the enquiry conducted by the

Appointments & TransfersNews

Justices Sanjay Kumar Medhi, Nani Tagia and Manish Choudhury appointed as Judges of Gauhati High Court

The President in the exercise of the power conferred by clause (l) of Article 217 of the Constitution of India, has appointed

Case BriefsHigh Courts

P&H HC | Transfer is an incidence of service and would be open to interference by court only is it is established that transfer order was malafide; Court rules           

Punjab and Haryana High Court: While adjudicating a petition for quashing of a transfer order, Jaishree Thakur, J., dismissed the same being

Case BriefsHigh Courts

Ori HC | Does concept of ‘Equality’ applies on minimum wages as well as absorption of temporary employees at par with regular employees in government services? Petition allowed in part

Orissa High Court: A Division Bench of S. K Mishra and A.K Mishra, JJ.,  allowed the petition in part wherein it stated

Case BriefsHigh Courts

Telangana HC | Restating the law on permissibility of quashing of criminal proceedings, Court directs SHO to conduct investigation following S. 41-A CrPC

Telangana High Court: K. Lakshman, J., addressed an issue in the criminal petition in light of Section 41-A of the Criminal Procedure Code,

Case BriefsHigh Courts

Ker HC | Anticipatory Bail can be allowed in offences under SC/ST (POA) Act only in event of no prima facie case being made out against accused; Appeal dismissed

Kerala High Court: V.G. Arun J., while dismissing the present appeal clarified on the applicability of Section 438 Criminal Procedure Code, 1973

Case BriefsHigh Courts

J&K HC | Magistrate can delegate power of verifying allegations before registration of FIR while entertaining an application under S. 156(3) CrPC; Petition dismissed

Jammu and Kashmir High Court: Sanjay Dhar J., while dismissing the present petition challenging the delegation of power by the Magistrate to

Legislation UpdatesStatutes/Bills/Ordinances

Arbitration and Conciliation (Amendment) Ordinance, 2020: Stakeholder get opportunity to seek unconditional stay of enforcement of arbitral awards induced by fraud or corruption

President promulgates Arbitration and Conciliation (Amendment) Ordinance, 2020 Amendment of Section 36 In Section 36 of the Arbitration and Conciliation Act, 1996

Case BriefsHigh Courts

Kar HC | Whether entering ‘appearance’ by Advocate but not contesting the case be considered as Ex-parte proceedings under Order 9 Rule 13 CPC? Court explains

Karnataka High Court: M. I. Arun J. dismissed the petition without interfering in the discretion exercised by the Appellate Court in the

Case BriefsHigh Courts

Pat HC | Party’s conduct lacks bonafide and was only with the view for the court to interfere and grant indulgence, Court has been misled; anticipatory bail denied

Patna High Court: Ahsanuddin Amanullah, J., dismissed an application for grant of pre-arrest bail to the petitioners. The petitioners apprehend arrest in

Case BriefsHigh Courts

Ker HC | Accused forced to plead guilty without being given an opportunity to avail assistance from a legal practitioner; HC sets aside order

Kerala High Court: In an appeal against the order delivered by JMFC, Mallapuram; P. Somarajan, J., allowed the same setting aside the