Prolonged Pre-Trial Detention and Right to Liberty Cannot Be Ignored” - Punjab & Haryana High Court Emphasizes Bail as the Rule Taxation Law | Andhra Pradesh High Court Rules Hotel’s Expenditures on Carpets, Mattresses, and Lampshades are Deductible as Current Expenditures Orissa High Court Upholds Disengagement of Teacher for Unauthorized Absence and Suppression of Facts In Disciplined Forces, Transfers are an Administrative Necessity; Judicial Interference is Limited to Cases of Proven Mala Fide: Patna High Court Act Of Judge, When Free From Oblique Motive, Cannot Be Questioned: Madhya Pradesh High Court Quashes Disciplinary Proceedings Against Additional Collector Registration Act | False Statements in Conveyance Documents Qualify for Prosecution Under Registration Act: Kerala High Court When Junior is Promoted, Senior’s Case Cannot be Deferred Unjustly: Karnataka High Court in Sealed Cover Promotion Dispute Medical Training Standards Cannot Be Lowered, Even for Disability’ in MBBS Admission Case: Delhi HC Suspicion, However Strong It May Be, Cannot Take Place Of Proof Beyond Reasonable Doubt: Himachal Pradesh High Court Upholds Acquittal No Detention Order Can Rely on Grounds Already Quashed: High Court Sets Precedent on Preventive Detention Limits Tenant's Claims of Hardship and Landlord's Alternate Accommodations Insufficient to Prevent Eviction: Allahabad HC Further Custodial Detention May Not Be Necessary: Calcutta High Court Grants Bail in Murder Case Citing Lack of Specific Evidence High Court, As A Constitutional Court Of Record, Possesses The Inherent Power To Correct Its Own Record: Bombay High Court A Fresh Section 11 Arbitration Petition Without Liberty Granted at the Time of Withdrawal is Not Maintainable: Supreme Court; Principles of Order 23 CPC Applied Adult Sexual Predators Ought Not To Be Dealt With Leniency Or Extended Misplaced Sympathy: Sikkim High Court Retired Employee Entitled to Interest on Delayed Leave Encashment Despite Absence of Statutory Provision: Delhi HC Punjab and Haryana High Court Grants Full Disability Pension and Service Element for Life to Army Veteran Taxation Law | Director Must Be Given Notice to Prove Lack of Negligence: Telangana High Court Quashes Order Against Director in Tax Recovery Case High Court of Uttarakhand Acquits Defendants in High-Profile Murder Case, Cites Lack of Evidence In Cases of Financial Distress, Imposing A Mandatory Deposit Under Negotiable Instruments Act May Jeopardize Appellant’s Right To Appeal: Rajasthan High Court Patna High Court Acquits Accused, Questions “Capacity of Victim to Make Coherent Statement” with 100% Burn Injuries High Court of Himachal Pradesh Dismisses Bail Plea in ₹200 Crore Scholarship Scam: Rajdeep Singh Case Execution of Conveyance Ends Arbitration Clause; Appeal for Arbitration Rejected: Bombay High Court

"CIVIL" Digest

Constitutional Law – Right to Privacy – Whether the right to privacy is absolute - Apex Court has held that the right to privacy, as enshrined under Article 21 of the Constitution of India, is not an absolute right and is subject to reasonable restrictions when legitimate public interest is involved - K.S. Puttuswamy v. Union of India, (2017) 10 SCC 1, followed.   Hindu Marr...

Arbitration and Insolvency – Section 7 of IBC and Section 8 of Arbitration Act – Petition under Section 7 of IBC filed by Kotak India Venture for initiation of Corporate Insolvency Resolution Process (CIRP) – Application under Section 8 of Arbitration Act filed by Indus Biotech to refer the matter to arbitration – NCLT allowed the application under Section 8, leading to dis...

Arbitration – Appointment of Arbitrator – Respondent invoked arbitration under Clause 12.3 of the Power Purchase Agreement (PPA) with Madhya Pradesh Electricity Board – Dispute over whether Section 11(6) of the Arbitration and Conciliation Act, 1996, or Section 86(1)(f) of the Electricity Act, 2003, applies – High Court appointed an arbitrator under Section 11(6) – He...

Land Acquisition – Compensation Enhancement – Market Value Determination – Notification under Section 28 of U.P. Awas Evam Vikas Parishad Adhiniyam, 1965, equivalent to Section 4 of Land Acquisition Act, 1894, issued on 26.06.1982 for acquiring land – Special Land Acquisition Officer awarded Rs. 50/- per square yard – Reference Court enhanced to Rs. 120/- per square y...

Limitation Act – Exclusion of Time – Application under Section 7 of IBC – Whether time spent in proceedings under the SARFAESI Act can be excluded under Section 14 of Limitation Act – Proceedings under SARFAESI Act are civil proceedings – Applicant entitled to benefit of Section 14 in respect of proceedings under SARFAESI Act – NCLAT's decision in Ishrat Ali...

Classification of a product - Medicament or cosmetic - Interpretation of provisions - Applicability of Chapter 30 and Chapter 33 of the Central Excise Tariff Act, 1985 - Analysis of relevant entries and amendments - Ingredient test and common parlance test - Consideration of labeling and therapeutic uses. (Para 5, 10) Ingredient test - Examination of the composition and medicinal properties of ...

Service Law – Pay Scale Merger – Retrospective Application – Appeal concerning the merger of pay scales for Upper Division and Lower Division Assistants/Clerks in the universities of Bihar – The communication dated 28.07.1981 provided clear guidelines for merger applicable only to posts with distinct senior and junior scales – Appellants' posts of Typist, Counter ...

Rule of law - New government not permitted to overturn previous government decisions: The High Court misinterpreted the government orders as overturning decisions of the previous government. The orders were intended to inquire into corruption allegations against the previous government. [Para 5.1]   Executive powers - Government's power of review: The High Court erred in stating tha...

Civil Appeal – Extension of Limitation – COVID-19 pandemic and its impact on the filing of written statements – Orders of the Supreme Court extending the period of limitation – High Court's rejection of applications for extension of time – Appellants seek to take their written statements on record – Orders passed post-Sagufa Ahmed case distinguishable &ndash...

Application sought directions - High Courts to fill vacancies from service judges or the bench up to 50% of their total strength of judges if a vacancy from the Bar Quota has been lying vacant for more than 6 months, appropriate directions to fill vacancies from the Judicial Service Quota as expeditiously as possible, and clarification to ensure that the ratio of quota of judges from the Service J...