Legal Avis

04/01/2021

HIGH COURTS ARE DUTY BOUND TO ISSUE WRIT OF MANDAMUS FOR ENFORCEMENT OF A PUBLIC DUTY

SUPREME COURT -
Hari Krishna Mandir Trust vs. State of Maharashtra (CIVIL APPEAL NO.6156 OF 2013

100. The High Courts exercising their jurisdiction under Article 226 of the Constitution of India, not only have the power to issue a Writ of Mandamus or in the nature of Mandamus, but are duty bound to exercise such power, where the Government or a public authority has failed to exercise or has wrongly exercised discretion conferred

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26/12/2020

SUPREME COURT: THE AFFIDAVIT OF DECLARATION OF ASSETS AND LIABILITIES SHOULD BE FILED BY BOTH THE PARTIES IN MAINTENANCE CASE.

The affidavit to be submitted in maintenance cases should also include specifics of the court action and maintenance being paid. Affidavit of Declaration of Assets and Liabilities shall be filed by all parties in all maintenance cases, including ongoing proceedings before the Family Court / Tribuna....

26/12/2020

VERY good from Outstanding, Annual Performance Appraisal Reports - a tale

The Delhi High Court on Monday held that the recording of adverse remarks and downgrading the petitioner, a Deputy Inspector General (DIG) posted in the Central Reserve Police Force (CRPF), to the grading of outstanding in his Annual Performance Appraisal Reports (APAR) for April 1, 2018, to March 31, 2019, was unjustified and uncalled for.

The Delhi High Court on Monday held that the recording of adverse remarks and downgrading the petitioner, a Deputy Inspector General (DIG) posted in the Central Reserve Police Force (CRPF), to the grading of outstanding in his Annual Performance Appraisal Reports (APAR) for April 1, 2018, to March 3...

08/05/2020

When no enquiry preceded the termination order and the criminal trial had acquitted the workman, then no fault could be found with the award.

Still further, the Court finds that the submission of the learned counsel for the petitioner that there was loss of confidence, also holds no water. The respondent no.3 was a Cane Inspector and could always be adjusted in the organization of the petitioner which is a huge-one.

Allahabad High Court WRIT - C No. - 51337 of 2012

decided by Hon'ble Siddhartha Varma, J.

http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?method=S&judgmentID=8045663

08/05/2020

Firm and Income Tax

Cash credit entries in books of a firm, in absence of material to indicate that they were its profits, could not be assessed in the hands of the firm

30. It is therefore seen that in a case where a sum is credited in the books of account of a firm from a partner, the assessee firm could discharge its onus by proving three things: (i) identity of the creditor; (ii) creditworthiness of the creditor; and (iii) genuineness of transaction in question. Once the assessee proves all the three things its onus is discharged. It has also been consistently held that the assessee only needs to prove the source of credit entries and he is not required to prove the source of the source or the creditors' credit.

31. In a case where the integrity of the creditors is established and the entries are shown to be not fictitious, the burden would shift on the Revenue.

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27/04/2020

Special Appeal - interest payable

The paucity of funds cannot surely be held up as an excuse not to pay the salary of an employee who had worked for the period for which his salary is due. Similarly, pensionary dues constitute a rightful entitlement of an employee. The State cannot be heard to say that it would fail to pay the pension on time and yet excuse itself from the liability to pay interest.

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27/04/2020

Government Servants cannot be denied the rightful claim admissible under law on account of expenditure on the State Exchequer.

Example

1.Case :- WRIT - A No. - 5670 of 2016

Petitioner :- Dr. Kamlesh Shahi And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Mohammad Yaseen
Counsel for Respondent :- C.S.C

2.Case :- WRIT - A No. - 44549 of 2015

Petitioner :- Dr. Mayank Shekhar Upadhyay
Respondent :- State Of U.P. And 3 Ors.

3. year 2019

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16/01/2019

Husband Is Not The Master Of Wife’, 158 Year Old Adultery Law Under Section 497 IPC Struck Down

https://www.livelaw.in/husband-is-not-the-master-of-wife-sc-strikes-down-158-year-old-adultery-law-under-section-497-ipc/

The Year 2018 is about to end soon and it is time for a flashback into important happenings in the legal universe.The year 2018 saw two CJIs- Former CJI Dipak Misra and the Current CJI Ranjan Gogoi....

16/01/2019

SC Issues Directions To Prevent Misuse Of SC/ST Act, Govt.Servants Can't Be Arrested Without Prior Sanction

Supreme Court of India on Tuesday issued directions to prevent the misuse of provisions of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (SC/ST Act).A Two Judge Bench...

16/01/2019

Accused Is Entitled To Default Bail Even If Charge Sheet Returned Due To Technical Reason, No Court Can Extend Remand Period U/S 167(2) Beyond 90 Days

A two Judge Bench of the Supreme Court on Monday held that an accused is entitled to default bail under Section 167(2) of Code of Criminal Procedure even if the charge sheet filed by police was returned by the Magistrate for technical reasons. The Court also held that the provisions of the Code do n...

16/01/2019

Cheque Bouncing Cases Can Be Closed if complainant is compensated The Supreme Court clarified that an accused in a case under Section 138 of Negotiable Instruments Act can be discharged even without the consent of the complainant, if the Court is satisfied that the complainant has been duly compensated. It was also held that the normal role of criminal law that composition of offence is possible only with the consent of complainant/victim is not applicable for cases under Sec.138 of NI Act. This was because the offence under Section 138 was ‘primarily a civil wrong’. Therefore, the power under Section 258 of the Code of Criminal Procedure to stop trial and discharge the accused was available to the Magistrate even though the summary trial under Chapter XXI of Cr.P.C.

https://drive.google.com/file/d/0B1HsQbGlNpEfZzRQeVowTkZvZW8/view

1.Right To Privacy Is A Fundamental RightSettling the decades long debate on the issue of the right to privacy being a fundamental right, the Supreme Court held that right to privacy is protected...

16/01/2019

Service Law- Eligible candidates have a fundamental right to be considered for promotion against the vacancy and promoted if suitable– Facts are that whether the non-consideration of Maj Gen Singh’s claim would “violate the fundamental rights vested in him under Articles 14 and 16 of the Constitution of India”. Answering its query in affirmative, with a rider that it was subject to authorities being desirous of filling the vacancy of a Lt Gen’s post when it became available on Jan 1, 2007, the court said that in the case of Maj Gen Singh, the authorities were desirous of filling up the said vacancy in the Defence Research and Development Organisation (DRDO). The court rejected the government’s plea that at the time of considering Maj.Gen. Singh for promotion, he was on extension of service. Granting promotion to Maj Gen Singh as Lt. Gen. from the date due to him, the court said that he would be treated as being on service till Feb 28, 2009 when he would have attained the age of 60 years, and would be entitled to “all monetary benefits which would have been due to him, on account of his promotion to the rank of Lt Gen till his retirement on superannuation, as also, to revised retirement benefits which would have accrued to him on account of such promotion”.-The court also directed the government to release the monetary benefits to Maj Gen Singh within three months from the date of the receipt of the certified copy of its judgment.

1. The appellant was commissioned as Second Lieutenant in the Indian Army on 15.6.1969. His initial induction was into the Armoured Corps. On 25.5.1983 the appellant changed his cadre. He permanently moved into the Defence Research and Development Organisation (hereinafter referred to as ‘the DRDO...