News Muncher - searching for bench - category impermissible

Patna High Court: A Single Judge Bench consisting Justice Purnendu Singh allowed a writ petition that challenged the recovery of excess pension payments made to a retired Central Industrial Security Force Sub-Inspector. Following State of Punjab v. Rafiq Masih, the court ruled that recovery of excess payments from Class-III employees is impermissible when the error is administrative and not due …

A division bench of the Calcutta High Court comprising of Justice Harish Tandon and Justice Prasenjit Biswas, while deciding an appeal held that recovery of alleged excess payments made to a retired employee, without fraud or misrepresentation on their part, is impermissible. The case of Thomas Denial vs. State of Kerala was relied upon by the court, wherein the Supreme …

The Delhi High Court has held that it is impermissible for the officers to pressurize the taxpayers to pay tax without following the requisite procedure, notwithstanding that it may be apparent that such tax is due and payable.The bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the assessee's statement cannot be read as acknowledgement of any …

While holding the extensions given to the term of ED Director Sanjay Kumar Mishra, the Supreme Court reiterated that a legislative act to nullify a judgment, without taking away its basis, is an impermissible exercise.A bench comprising Justices BR Gavai, Vikram Nath and Sanjay Karol noted that ignoring the direction given by the Supreme Court in the 2021 judgment in …

The Supreme Court observed that the provisions of Chapter VIII of the Code of Criminal Procedure are merely preventive in nature and are not to be used as a 'vehicle for punishment'.The demand of excessive and arbitrary amount of security/bond is impermissible as it stultifies the spirit of Chapter VIII of the Code, the bench of Justices Dinesh Maheshwari and …

The Supreme Court observed that multiple complaints by the same party against the same accused in respect of the same incident is impermissible.Permitting multiple complaints by the same party in respect of the same incident, whether it involves a cognizable or private complaint offence, will lead to the accused being entangled in numerous criminal proceedings, the bench comprising Justices. Permitting …

Migration of a student pursuing an undergraduate medical course is permissible only if both the medical colleges are recognized by the Central Government under the law, the Supreme Court has ruled. A bench comprising justices L Nageswara Rao and Indira Banerjee set aside the verdict of the Rajasthan High Court which had directed the Medical Council of India to permit …

The Supreme Court Thursday termed as ‘totally impermissible’ the demand by Department of Telecom for dues of Rs 4 lakh crore in Adjusted Gross Revenue from PSUs and said DoT must consider withdrawing it. A bench of Justices Arun Mishra, S Abdul Nazeer and M R Shah raised questions on the demand raised by the government from the PSUs and …

The Telangana High Court has observed that the use of carbide to ripen fruits and vegetables is totally impermissible. The bench comprising the Chief Justice Thottathil B. Radhakrishnan and Justice A. Rajasheker Reddy observed that use of carbide is to be confined to industrial purposes only. The bench was considering a suo motu PIL registered by the High Court in …

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