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Court rules First Nations fishers do not have to prove native title defence for cultural fishing

The burden of proof has been reversed in a long-running legal battle between First Nations people and the NSW government over cultural fishing rights. Native title barrister John Waters SC said the state's CCA was the highest court to have considered the matter and said it set a "compelling legal precedent". But Mr Waters said the onus had always been …

Lokayukta, UpaLokayukta Are Merely Recommendatory Bodies, Can't Direct For Enquiry To Be Entrusted To Them: Karnataka High Court

The Karnataka High Court has held that the State Government possesses the power to entrust the handling of a disciplinary enquiry in respect of an employee of the Karnataka State Pollution Control Board to the Lokayukta or Upa-Lokayukta under Rule 14-A of the CCA Rule. It was said “Rule 14-A of the CCA Rules provides for entrusting the enquiry in …

High Court

TDS Not Liable To Be Deducted On Business Support Services As Not Taxable As FTS: Bombay High Court

The Bombay High Court has held that business support services are not taxable as a fee for technical services, and no TDS is liable to be deducted.The bench of Justice K. R. Shriram and Justice Neela Gokhale has observed that even if it is fees for technical or consultancy services, it can be only where fees are paid in consideration …

Bombay High Court

LOADING ERROR LOADING A judge in Harris County, Texas, the execution capital of the country, recommended earlier this month overturning a man’s death sentence, finding that he received ineffective legal assistance at trial. In a highly unusual 158-page court filing, Judge Natalia Cornelio found that Jeffery Prevost’s court-appointed lawyers unreasonably delayed their investigation into mitigating evidence — information that may …

Court

Supreme Court Supreme Court Issues Notice On Plea Challenging Validity Of Section 3G Of National Highways Act Case Title: B.D. Issues Related To Bias Of An Arbitrator And Conduct Of Arbitral Proceedings Cannot Be Determined Under Section 29A Of The A&C Act: Delhi High Court Reiterates Case Title: Vivek Aggarwal v. Hemant Aggarwal, OMP 29 of 2023 Citation: 2024 LiveLaw …

Supreme Court

'Seema Suraksha Bal' A Central Force With Pan India Presence, Its Orders Subject To Challenge Across All High Courts: J&K High Court

The Jammu and Kashmir & Ladakh High Court upon quashing the removal order of a Sashastra Seema Bal Constable has observed that the Seema Suraksha Bal, is a force of the Union of India with a pan-India presence, making orders passed by it appealable before any of the High Courts in the country. The respondents on the other hand, contended …

Recently, Justice Sanjay Karol of the Supreme Court of India addressed a gathering at Ram Manohar Lohiya National Law University, Lucknow, which was hosting the World rounds of the Foreign Direct Investment International Arbitration Moot Court Competition. “The fundamental goal of the 1996 Act is to promote arbitration as a costeffective, time-efficient, and acceptable procedure for resolving conflicts in both …

Refusal Of The Defendant To Amicably Settle The Dispute Satisfies The Requirement Of Pre-Litigation Mediation Under Commercial Courts Act: Delhi High Court

The High Court of Delhi has held that when the plaintiff makes an offer to the defendant to amicably settle the dispute and the defendant refuses the offer then in that circumstance, the requirement of pre-litigation meditation stands satisfied. The Bench of Justice Prathiba M. Singh while reiterating that pre-litigation mediation as provided under Section 12-A of the CCA is …

'Public Interest Also An Element On Consideration Of Which Employee Can Be Placed Under Suspension': Madhya Pradesh High Court

The Madhya Pradesh High Court recently observed that public interest is also an element on the consideration of which an employee can be placed under suspension. The Writ Court set aside his order of suspension, observing that there was no material placed on record to show any direct relation of the Respondent/Petitioner with the alleged irregularity. The State also submitted …

Andhra Pradesh employees on Monday served strike notice with a deadline of Feb 6 to the state government in protest against the low pay hike, deduction of HRA and CCA, even as the Government said it is ready for negotiations. On the other hand, the high court heard the case of the employees seeking better PRC, HRA, and CCA among …