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

"CIVIL" Digest

Family Law - Custody of minor child - Welfare of the child as paramount consideration - Allegations of abandonment and surrender of custody by the biological mother - Interaction with the minor child and his expressed desire to stay with the present caregivers - Confirmation of interim custody to the present caregivers. [Para 1-8] Prima facie evidence of the purported abandonment of the minor c...

Constitution of India, 1950 – Article 224A – Appointment of Ad Hoc Judges – The Supreme Court highlighted the crisis in High Courts due to almost 40% vacancies, with larger High Courts working under 50% of their sanctioned strength. The Court stressed the need for timely recommendations and appointments to address this issue and proposed a timeline for the appointment process, en...

Goods and Services Tax – Provisional Attachment – Delegation of Power – The Joint Commissioner, while ordering a provisional attachment under Section 83, acted as a delegate of the Commissioner under Section 5(3) of the HPGST Act. The appeal against the order of provisional attachment was not available under Section 107(1) of the Act. The power to order provisional attachment is ...

Termination of dealership agreement - Quashing of termination letter - Challenge to guidelines - Prayer not pressed - Petitioners appointed as dealer for sale of LPG in Hoshiarpur - Complaint received against petitioner No.2 for concealing and suppressing facts - Allegation of not being eligible for grant of LPG distributorship - Show cause notice issued - Reply filed - Dealership terminated - Pet...

Constitution of India, 1950 – Article 224A – Appointment of Ad Hoc Judges – The Supreme Court recognized the need to activate the dormant provision of Article 224A for appointing ad hoc judges in High Courts due to the unprecedented backlog of cases and high vacancy rates. The Court issued guidelines for the activation and appointment of ad hoc judges to address these issues. [Pa...

Income Tax – Section 80-IA(5) – Deduction – The scope of sub-section (5) of Section 80-IA is limited to the determination of the quantum of deduction under sub-section (1) by treating the eligible business as the only source of income. Sub-section (5) cannot be interpreted to limit the deduction to business income alone. The deduction is computed on the basis of net income from t...

Civil Appeal – Pension Entitlement of Contractual Employees – Appellant challenges High Court’s judgment granting pensionary benefits to contractual employees – Interpretation of Rule 2 and Rule 17 of the CCS Pension Rules, 1972 – Rule 2’s opening phrase “Save as otherwise provided in these rules” permits the application of other provisions – R...

Punjab Village Common Lands (Regulation) Act, 1961 - Unauthorized occupation of Hadda Rori land - Demarcation of land - Eviction - Delay in demarcation by respondents - Writ petition seeking mandamus for expeditious demarcation and subsequent legal action - Valid demarcation report necessary to establish claim before Competent Authority - Court allows the writ petition and directs empowered Revenu...

Electricity Supply – Contract Load Reduction – The respondent, a small-scale industry, requested a reduction in its sanctioned electricity load from 4000 KVA to 1325 KVA due to issues such as frequent trippings and load shedding. The Jharkhand State Electricity Board (JSEB) rejected the request, citing an agreement clause preventing load reduction within three years of a fresh agreemen...

Motor Vehicles Act, 1988 – Compensation – Enhancement – Assessment of compensation by the Motor Vehicles Claims Tribunal – Appeal before the High Court – Appeal before the Supreme Court – Assessment of quantum of compensation – Consideration of evidence – Error in assessing income and disability – Revision of compensation awarded – Additi...