Central Administrative Tribunal Ordinarily Should Examine Case On Merits Instead Of Dismissing It On Technicalities: Delhi High Court
2 years, 5 months ago

Central Administrative Tribunal Ordinarily Should Examine Case On Merits Instead Of Dismissing It On Technicalities: Delhi High Court

Live Law  

The Delhi High Court has said the Central Administrative Tribunal "ordinarily should" endeavour to examine a case on merits rather than dismissing the same on technicalities.Dismissing a plea filed by an employee challenging the order by which his original application against the disciplinary action taken against him was rejected by CAT, a division bench of Justice Sanjeev Sachdeva. The Delhi High Court has said the Central Administrative Tribunal "ordinarily should" endeavour to examine a case on merits rather than dismissing the same on technicalities. Dismissing a plea filed by an employee challenging the order by which his original application against the disciplinary action taken against him was rejected by CAT, a division bench of Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela asked the Tribunal to consider the case afresh. "It is thus advisable that the Tribunal ordinarily should endeavour to examine the case on merits, rather than dismissing the same on technicalities," the court said.

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History of this topic

Disciplinary Proceedings Can Be Held Pending Criminal Trial Unless Accused Is Prejudiced: Orissa High Court
5 days, 12 hours ago

Disciplinary Proceedings Can Be Held Pending Criminal Trial Unless Accused Is Prejudiced: Orissa High Court

Live Law  

While ingeminating the position of law, the Division Bench of Justice Sangam Kumar Sahoo and Justice Savitri Ratho held, “It is, expedient that the disciplinary proceedings are conducted and completed as expeditiously as possible and the authority needs not to await the outcome of the decision of the investigating/prosecuting agency or Court trial.” The Orissa High Court has reiterated that …

Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT
1 month, 2 weeks ago

Courts Must Examine Judgments Of Acquittal Holistically To Arrive At Conclusion, Delhi High Court Sets Aside Judgment Of CAT

Live Law  

A Division Bench of the Delhi High Court comprising Justices C Hari Shankar and Ajay Digpaul set aside the judgment of the Central Administrative Tribunal by which the order of cancellation of the Respondent was quashed. The Counsel for the Respondent claimed before the Tribunal that the acquittal was honourable, however, as per the judgment of the Judicial Magistrate, the …

Supreme Court Weekly Round-up: February 03, 2025 To February 09, 2025
1 month, 2 weeks ago

Supreme Court Weekly Round-up: February 03, 2025 To February 09, 2025

Live Law  

Nominal Index Citations Rimpa Saha v. District Primary School Council Malda 2025 LiveLaw 143 Lok Prahari through its General Secretary v. Union of India 2025 LiveLaw 144 Rajeev Suri v. Archaeological Survey of India & Ors., Special Leave to Appeal No.12213/2019 2025 LiveLaw 145 State of Madhya Pradesh v. Dileep 2025 LiveLaw 146 Bhupinder Singh v. Unitech Ltd., Civil Appeal …

Adjudicating Authority While Dismissing Appeal For Non-Prosecution Cannot Add Direction To Dismiss It On Merits As Well: NCLAT
2 months, 3 weeks ago

Adjudicating Authority While Dismissing Appeal For Non-Prosecution Cannot Add Direction To Dismiss It On Merits As Well: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan, Mr. Barun Mitra and Mr. Arun Baroka has held that when the appeal is dismissed on the ground of non-prosecution, it cannot be said to be dismissed on merits as well. In this case, the NCLT while dismissing the appeal for non-prosecution added a direction that the appeal is dismissed on …

Application Mentioning Wrong Section Of Law Not Fatal If It Doesn't Cause Prejudice To Court Or Opposite Party: Delhi High Court
2 months, 3 weeks ago

Application Mentioning Wrong Section Of Law Not Fatal If It Doesn't Cause Prejudice To Court Or Opposite Party: Delhi High Court

Live Law  

The Delhi High Court has observed that mentioning a wrong section of law in an application would not considered fatal to case if the substance of application was clear and no prejudice would be caused to the opposite party. The Court has enough powers under Section 151 CPC to ensure that justice is served.” The Court stated that the substance …

Delhi high court dismisses plea challenging CAT 2024 results
2 months, 3 weeks ago

Delhi high court dismisses plea challenging CAT 2024 results

Hindustan Times  

The Delhi high court on Tuesday dismissed a plea challenging the results of the Common Admission Test 2024 for admission to Indian Institutes of Management and other business schools, saying that there was no reason to interfere with the same. The plea was filed by one of the candidates,Aditya Kumar Mallick, who had appeared in the exam, alleging that there …

Delhi High Court Reserves Verdict On Plea Challenging CAT 2024 Results
2 months, 4 weeks ago

Delhi High Court Reserves Verdict On Plea Challenging CAT 2024 Results

Live Law  

The Delhi High Court has reserved verdict on a petition challenging the results of Common Admission Test 2024 for admissions in top management institutes. Justice Tara Vitasta Ganju reserved judgment in the plea moved by a candidate, Aditya Kumar Mallick, who is aggrieved with an incorrect answer to Question No. The petitioner candidate raised an objection to the provisional answer …

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT
3 months, 2 weeks ago

Non-Admission Of Claim By Resolution Professional Cannot Be Challenged First Time In Appeal Before Appellate Tribunal: NCLAT

Live Law  

The NCLAT New Delhi bench of Justice Ashok Bhushan and Mr. Arun Baroka has held that non admission of claim in the Resolution Plan by the Resolution Plan if not challenged before the Adjudicating Authority cannot be challenged in the appeal before the NCLAT. The same Resolution Plan of Respondent Nos.2 and 3 approved by the Adjudicating Authority on 28.11.2019 …

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court
3 months, 3 weeks ago

Findings Of Calcutta HC Cannot Be Challenged Before Courts At Patna After Objections Over Jurisdiction Were Dismissed: Patna High Court

Live Law  

The Patna High Court Bench of Justice Sandeep Kumar has held that the findings of the Calcutta High Court cannot be challenged in the Courts at Patna. Also, the court held that on the question of jurisdiction the Calcutta High Court has already given categorical findings rejecting the objections raised of the petitioner. Thereafter, the court affirmed the findings of …

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court
3 months, 4 weeks ago

Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court

Live Law  

The Patna High Court stated that the Appellate Authority has a duty and an obligation to examine grounds raised by assessee in memorandum of appeal and decide issue on merits even if appeal is filed ex parte. The Bench consisting of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, stated that “the Appellate Authority even while considering the appeal …

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024
Trending News
3 months, 4 weeks ago

Supreme Court Weekly Round-up: November 25, 2024 To December 01, 2024

Live Law  

Index Citations M/S Ajay Protech Pvt. Case Details: State of Karnataka v. Chandrasha Criminal Appeal No.2646 Of 2024 Citation: 2024 LiveLaw 926 While convicting a government servant for taking a bribe of Rs.2000, the Supreme Court observed that it was not necessary for the amount involved to be substantial to draw the presumption under Section 20 of the Prevention of …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months, 1 week ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act
4 months, 2 weeks ago

Delhi High Court Verdict In Airports Authority Of India Case Is A Renewed Call To Uphold The Spirit Of The Arbitration Act

Live Law  

Almost all weekend conferences on Arbitration- organized with the intent to promote India as a 'hub for arbitration'- witness stakeholders coming together to call for increased predictability vis-à-vis enforcement of arbitral awards. Amidst most courts favoring judicial interference, the recent decision of the single-judge bench of the Delhi High Court dated 18.10.2024 in Airports Authority of India versus Delhi International …

Supreme Court Weekly Round-Up (12 August-17 August, 2024)
7 months, 1 week ago

Supreme Court Weekly Round-Up (12 August-17 August, 2024)

Live Law  

Live Law has got you covered with all the latest updates of this last week. Supreme Court Dismisses Himachal Pradesh Govt's Appeal Against HC Decision Quashing Illegal Land Acquisition Case details: State of Himachal Pradesh & Ors v. Balbir Singh & Anr, Diary No. Supreme Court Dismisses ED's Plea Against HC Order Allowing NDTV To Seek Compounding Of Alleged FEMA …

In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court
8 months ago

In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court

Live Law  

The Allahabad High Court has held that the term “ex-parte” in Rule 63 of the Uttar Pradesh Value Added Tax Rules, 2008 can be interpreted as for want of representation of the defendant after service of notice, the case may be decided on merits. Rule 63 of the Uttar Pradesh Value Added Tax Rules, 2008 provides that appeal must be …

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court
9 months, 3 weeks ago

[Arbitration Act] General Explanation Of Intra-departmental Analysis And Discussions Doesn't Constitute Credible Explanation For Delay In Filing Appeal: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Vibhu Bakhru and Justice Tara Vitasta Ganju held that a general explanation of intra-departmental analysis and discussions doesn't constitute as valid and credible explanation for condonation of delay in filing an appeal under Section 37 of the Arbitration and Conciliation Act, 1996. Brief Facts: The Appellant approached the Delhi High Court and filed …

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court
10 months, 1 week ago

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna held that objection regarding the insufficiency of service is considered to be on merits and therefore should be raised before the Arbitrator. Brief Facts: The petitioner, Delhivery Limited, and the Respondent, Far Left Retail Private Limited, entered into a Service Agreement, which later resulted in a dispute. Consequently, the Petitioner …

Decision Taken By New Resolution Professional Cannot Be Objected By Erstwhile Resolution Professional: NCLAT Delhi
10 months, 2 weeks ago

Decision Taken By New Resolution Professional Cannot Be Objected By Erstwhile Resolution Professional: NCLAT Delhi

Live Law  

The National Company Law Appellate Tribunal, Delhi Bench, comprising Shri Justice Ashok Bhushan Shri Barun Mitra and Shri Arun Baroka, in Partha Sarathy Sarkar vs Union of India & Ors. has held that the decision taken by New Resolution Professional cannot be objected by the Erstwhile Resolution Professional after replacement who is now proceeding with the CIRP Background Facts The …

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict
11 months, 2 weeks ago

Supreme Court Criticises Gujarat HC Bench For Releasing Case Without Judgment 10 Months After Reserving Verdict

Live Law  

The Supreme Court has voiced its criticism in a matter where the Gujarat High Court reserved a judgment for ten months and ultimately released it because it was not pronounced within a reasonable time. "We hope earnestly that this does not reflect the trend in High Courts in other parts of the country as well", the Supreme Court observed in …

Indirect Tax Cases Weekly Round-Up: 31 March To 6 April 2024
11 months, 3 weeks ago

Indirect Tax Cases Weekly Round-Up: 31 March To 6 April 2024

Live Law  

Delhi High Court Case Title: Jetibai Grandsons Services India Pvt Ltd Versus Union Of India & Ors. Case Title: Blackberry India Pvt Ltd -Earlier Known As Research In Motion India Pvt Ltd Versus The Commissioner CGST The Delhi High Court has held that the department cannot, after being unsuccessful before this Court on its own, declare the refund of the …

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court
1 year, 1 month ago

Court Cannot Determine Admissibility, Relevancy, Materiality, And Weight Of Any Evidence Under Section 27 of A&C: Delhi High Court

Live Law  

The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, relevancy, materiality, and weight of any evidence, as doing so would amount to impermissible interference with the Tribunal's proceedings. The Petitioner sought the Arbitral Tribunal's approval to approach court for seeking the …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 2 months ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs
1 year, 3 months ago

Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs

Live Law  

The Delhi High Court has issued directions for expeditious and effective disposal of criminal cases pending in the designated courts against the members of Parliament and Legislative Assemblies. A division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna directed the Principal District and Sessions Judge of the Rouse Avenue Court to ensure almost equal pendency of. A …

Right Of A Party To Nominate 2/3rd Of The Arbitral Tribunal Violates Counter-Balancing: Delhi High Court Reiterates
1 year, 3 months ago

Right Of A Party To Nominate 2/3rd Of The Arbitral Tribunal Violates Counter-Balancing: Delhi High Court Reiterates

Live Law  

The High Court of Delhi has held that an arbitration clause that confers on a party the right to nominate 2/3rd of arbitral tribunal violates the principles of 'counter-balancing' as sought to be achieved by the Supreme Court in the landmark judgment in Perkins. That the Supreme Court in CORE has upheld the validity of a similarly worded arbitration clause …

Civil Services Exam 2023: Delhi High Court Dismisses Plea Seeking 10% Reduction In CSAT Cut-Off
1 year, 7 months ago

Civil Services Exam 2023: Delhi High Court Dismisses Plea Seeking 10% Reduction In CSAT Cut-Off

Live Law  

The Delhi High Court has dismissed a plea challenging the order of Central Administrative Tribunal which refused to order reduction in cut off for Civil Services Aptitude Test 2023 from 33% to 23%. v. State of Bihar & Ors.,, the division bench of Justice V. Kameshwar Rao and Justice Anoop Kumar Mendriatta said, “The Tribunal had rightly observed that the …

UPSC Civil Services 2023: Plea In Delhi High Court Challenges Central Administrative Tribunal's Refusal To Stay Prelims Result
1 year, 9 months ago

UPSC Civil Services 2023: Plea In Delhi High Court Challenges Central Administrative Tribunal's Refusal To Stay Prelims Result

Live Law  

A petition has been filed before the Delhi High Court challenging Central Administrative Tribunal 's refusal to grant interim relief in the plea seeking reduction in the cut off from 33% to 23% for qualifying Part II exam of 2023 Civil Services Examination conducted by UPSC last month. Background Alleging that the difficulty level of the questions was similar to …

Reasons For Bias Do Not Fall Under VII Schedule Of A&C Act , Petition Is Abuse Of Process Of Court : Delhi High Court
1 year, 10 months ago

Reasons For Bias Do Not Fall Under VII Schedule Of A&C Act , Petition Is Abuse Of Process Of Court : Delhi High Court

Live Law  

The Delhi High Court has held that an arbitrator can be removed under Section 14 which provides for de jure ineligibility of arbitrator only if his appointment falls within the grounds mentioned under the VII Schedule. The bench of Justice Chandra Dhari Singh held that the mandate of the arbitrator on grounds of bias and prejudice cannot be terminated if …

Litigation Should Not Be Terminated By Default, Cause Of Justice Requires Adjudication On Merits As Far As Possible: Andhra Pradesh High Court
1 year, 11 months ago

Litigation Should Not Be Terminated By Default, Cause Of Justice Requires Adjudication On Merits As Far As Possible: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has allowed the condonation of a delay of 339 days for the suit filed in 2012 for a permanent injunction to restrain the defendant from obstructing the use of the passage in any manner by taking the bullock cart. Though the suit is of the year 2012, still the same is pending and if the …

CAT Cannot Condone Delay In Filing Review Application: Gauhati High Court
1 year, 11 months ago

CAT Cannot Condone Delay In Filing Review Application: Gauhati High Court

Live Law  

The Gauhati High Court recently reiterated that the Central Administrative Tribunal has no power to condone the delay and entertain a review application beyond a period of 30 days. As Rule 17 of the Central Administrative Tribunal Rules, 1987 expressly provides timeline of 30 days for entertaining a review application, unless the statutory provision is declared to be ultra vires …

NFAC Bound By The Decision Of Jurisdictional High Court: ITAT
2 years ago

NFAC Bound By The Decision Of Jurisdictional High Court: ITAT

Live Law  

The Bangalore Bench of the Income Tax Appellate Tribunal has held that the National Faceless Appeal Centre was bound by the binding decision of the jurisdictional high court, where the AO was situated.The two-member bench of N.V. Vasudevan and Laxmi Prasad Sahu has observed that an appeal against the decision of the Agra ITAT would be before. The Bangalore Bench …

Delhi excise policy case | Supreme Court refuses to entertain Manish Sisodia’s plea challenging CBI arrest, advises him to approach Delhi HC
2 years, 1 month ago

Delhi excise policy case | Supreme Court refuses to entertain Manish Sisodia’s plea challenging CBI arrest, advises him to approach Delhi HC

The Hindu  

The Supreme Court on Tuesday refused to intervene at this stage in a petition filed by Deputy Chief Minister Manish Sisodia challenging his arrest in the Delhi excise policy case. Narasimhasaid Mr. Sisodia has alternative remedies available before the High Court and asked him to pursue them instead of directly invoking the jurisdiction of the Supreme Court under Article 32 …

BREAKING - Delhi High Court Dismisses Petitions Challenging Agnipath Scheme
2 years, 1 month ago

BREAKING - Delhi High Court Dismisses Petitions Challenging Agnipath Scheme

Live Law  

The Delhi High Court on Monday dismissed the pleas challenging Central Government’s Agnipath scheme. "All petitions challenging Agnipath Scheme are dismissed," said the court. Delhi High Court will today pronounce judgment in a batch of pleas challenging Centre's Agnipath Scheme. The apex court had earlier transferred various writ petitions challenging the Agnipath recruitment scheme to the High Court, where similar …

Delhi vs LG Services Dispute : Centre Seeks Reference To 9-Judge Bench, Says 2018 Judgment Inconsistent With Precedent
2 years, 3 months ago

Delhi vs LG Services Dispute : Centre Seeks Reference To 9-Judge Bench, Says 2018 Judgment Inconsistent With Precedent

Live Law  

The Central Government has filed an application in the Supreme Court seeking to refer the issue relating to the control of administrative services in the Government of National Capital Territory of Delhi to a bench having strength of 9 or more judges. The larger bench reference is sought on the ground that the 2018 judgment of the Constitution Bench in …

2012 rape-murder: 'Evidence ignored...' - SC's acquittal of convicts challenged
2 years, 3 months ago

2012 rape-murder: 'Evidence ignored...' - SC's acquittal of convicts challenged

Hindustan Times  

Nearly a month after the Supreme Court acquitted three men convicted by lower court in the gangrape and murder of a 19-year-old woman, the family has now sought review of the order. Last month, a three-judge bench headed by former Chief Justice of India Uday Umesh Lalit said, “Having regard to the totality of circumstances and the evidence on record, …

Dismiss With 'Equally Heavy Hearts': Delhi High Court To Candidate Who Needed Only 0.33% Marks To Reach Interview Stage Of Judicial Services Exam
2 years, 5 months ago

Dismiss With 'Equally Heavy Hearts': Delhi High Court To Candidate Who Needed Only 0.33% Marks To Reach Interview Stage Of Judicial Services Exam

Live Law  

The Delhi High Court has dismissed the petition of a judiciary aspirant who had prayed for a direction to declare him qualified in Delhi Higher Judicial Services Examination - 2022.Anil Kumar, the petitioner, could not clear the examination and was declared unsuccessful solely for the reason that the marks secured by him in Paper-I were below the. The Delhi High …

[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court
2 years, 5 months ago

[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court

Live Law  

Dealing with a Public Interest Litigation plea pertaining to the appointment of judges in the HC as per the sanctioned strength, the Uttarakhand High Court recently observed that it is the Job of the HC Collegium to make the recommendations and that there is no reason to assume that the collegium is not mindful of its duty, or that it …

Supreme Court Reserves Judgment On Orissa Administrative Tribunal Bar Association's Plea Challenging Abolition of Odisha Administrative Tribunal
2 years, 6 months ago

Supreme Court Reserves Judgment On Orissa Administrative Tribunal Bar Association's Plea Challenging Abolition of Odisha Administrative Tribunal

Live Law  

The Supreme Court, on Tuesday, reserved judgment in a special leave petition filed by Orissa Administrative Tribunal Bar Association challenging Orissa High Court's order of upholding notification issued by the Department of Personnel and Training of the Central Government dated 2nd August 2019 abolishing Odisha Administrative Tribunal. Mr. Ashok Kumer Parija, Advocate General representing the State of Odisha apprised the …

NCLAT Delhi Allows Appeal Re-Filed After 197 Days Of Delay, Subject To Cost Of Rs.10,000 Payable To Respondent
2 years, 6 months ago

NCLAT Delhi Allows Appeal Re-Filed After 197 Days Of Delay, Subject To Cost Of Rs.10,000 Payable To Respondent

Live Law  

The National Company Law Appellate Tribunal, Principal Bench, comprising of Justice Ashok Bhushan, Justice M. Satyanarayana Murthy and Mr. Barun Mitra, while adjudicating an appeal filed in Dinesh Mehta v Amit Kumar Mehta & Anr., has allowed an appeal which was re-filed after 197 days of delay by the Appellant, subject to payment of cost of Rs. Background Facts Mr. …

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court
2 years, 7 months ago

Article 226 | Court Cannot Re-Appreciate Evidence Already Considered By Departmental Authorities: Delhi High Court

Live Law  

The Delhi High Court has held that it cannot, while exercising jurisdiction under Article 226 or 227 of the Indian Constitution, in cases of departmental enquiries, re-appreciate evidence which has already been reasonably considered by the departmental authorities. A bench of Justice Chandra Dhari Singh also noted that it was not up to the High Court to adjudge upon the …

'Make A Choice' : Supreme Court Rejects Plea To Reschedule Judicial Examinations In Bihar, MP & Rajasthan Which Are Clashing
2 years, 8 months ago

'Make A Choice' : Supreme Court Rejects Plea To Reschedule Judicial Examinations In Bihar, MP & Rajasthan Which Are Clashing

Live Law  

The Supreme Court, on Tuesday, refused to entertain pleas seeking the Court's indulgence in issuing directions to Rajasthan, Bihar and Madhya Pradesh High Courts to conduct their respective Judicial examinations in such a manner, that they do not coincide. One of the pleas sought quashing of notification issued by the Madhya Pradesh High Court scheduling the Online Preliminary Examination of …

Disciplinary Proceedings Continuing Ad Infinitum Would Be Destructive Of Rule Of Law: Delhi High Court Grants Relief To CBIC Officer
2 years, 8 months ago

Disciplinary Proceedings Continuing Ad Infinitum Would Be Destructive Of Rule Of Law: Delhi High Court Grants Relief To CBIC Officer

Live Law  

The Delhi High Court has observed that allowing Disciplinary Proceedings to continue ad infinitum would not only be highly prejudicial to an individual but is also destructive of the Rule of Law. In May 2016, CAT granted the Union of India four months time to complete the Disciplinary Proceedings arising from the subject Charge Sheet. "More than adequate opportunities to …

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court
2 years, 10 months ago

Honourable Exoneration In Departmental Proceedings Would Warrant Quashing Of Criminal Prosecution Arising From Same Set Of Facts: Orissa High Court

Live Law  

In a landmark decision, the Orissa High Court has held that honourable exoneration in departmental proceedings would warrant quashment of criminal prosecution which emanated from the same set of facts. While quashing criminal charges against the petitioner, a Single Judge Bench of Chief Justice Dr. S. Muralidhar held, "…in the facts and circumstances of the present case where on the …

Initiation Of Proclamation/ Attachment Process Against Accused Not Bar To Consider His Anticipatory Bail Plea: Delhi High Court
2 years, 10 months ago

Initiation Of Proclamation/ Attachment Process Against Accused Not Bar To Consider His Anticipatory Bail Plea: Delhi High Court

Live Law  

The Delhi High Court has observed that merely because the Central Bureau of Investigation has initiated the process of proclamation or attachment proceedings under sec. 82 or 83 of Cr.PC despite the pendency of the anticipatory bail application before High Court, the same does not bar the consideration of such an application.Section 82 contemplates procedure for issuing proclamation. 82 or …

Unfilled Tribunal Vacancies : Supreme Court Asks CAT Members To Function Beyond Their Tenure
2 years, 10 months ago

Unfilled Tribunal Vacancies : Supreme Court Asks CAT Members To Function Beyond Their Tenure

Live Law  

Taking note of the vacancies in the Central Admininstrative Tribunals, the Supreme Court on Friday passed an order directing incumbents who are holding the post of members of CAT as judicial or administrative members to continue to function even beyond their term, subject to their consent and availbility. The directions were issued in a petition filed by Central Administrative Tribunal …

CAT Vacancies: Supreme Court Issues Notice On Plea To Stay Retirement Of Existing Members Until Actual Joining Of New Members
2 years, 10 months ago

CAT Vacancies: Supreme Court Issues Notice On Plea To Stay Retirement Of Existing Members Until Actual Joining Of New Members

Live Law  

The Supreme Court on Friday issued notice on a petition seeking stay on the impending retirement of all the existing Judicial/ Administrative Members of CAT, till all the vacancies which arose from 2019-2022 are filled by actual joining of candidates. Preferred by Central Administrative Tribunal Bar Association, New Delhi, it was stated in the petition that although 35 Judicial Members …

If There Is Difference Between CAT Judicial Member & Administrative Member, Refer To 3rd Member; Reference To Full Bench Not Required : Supreme Court
2 years, 11 months ago

If There Is Difference Between CAT Judicial Member & Administrative Member, Refer To 3rd Member; Reference To Full Bench Not Required : Supreme Court

Live Law  

The Supreme Court observed that a reference to Full Bench of Central Administrative Tribunal is not required if there in a case of difference of opinion between the Judicial Member and the Administrative Member of the Tribunal.In such a situation, the matter is required to be referred to the third Member/Chairman who has to give his own decision upon such …

Madras HC Dismisses For Non-Prosecution Plea Against NGT Order Mandating Suo Moto 'Pan-India' Matters To Be Heard Only By Principal Bench
3 years ago

Madras HC Dismisses For Non-Prosecution Plea Against NGT Order Mandating Suo Moto 'Pan-India' Matters To Be Heard Only By Principal Bench

Live Law  

Madras High Court has recently dismissed a plea challenging the NGT Office Order which mandated that Pan India matters should be heard by the Principal Bench at New Delhi. The plea was filed by one Meenava Thanthai K.R Selvaraj to quash the Office Order dated 12.06.2021 bearing No.NGT/PB/Judl./18/2020/221 issued by the Registrar General of the Principal Bench of the National …

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution
3 years, 1 month ago

'It Takes Ages For Decree Holder To Realize Fruits Of Decree': Supreme Court Laments Delay In Execution

Live Law  

While remarking that it is a classic case where the execution proceedings themselves become a second round of litigation and it takes ages for the decree holder to realize the fruits of success of a decree with judgment debtors assisted innovatively, the Supreme Court recently dismissed a SLP assailing Delhi High Court's order.The bench of Justices SK Kaul and MM …

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
3 years, 2 months ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

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