‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC
“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”
writ petition
Nature of duties and functions is the determining factor in ascertaining ‘workman’ under the Industrial Disputes Act; Bombay HC reiterates
The High Court stated that dominant purpose of the employee should be considered, instead of any additional duties performed.
Calcutta High Court affirms Single Bench’s Interim Order protecting Daily Wage Workers from termination amid tender process
Calcutta High Court opined that the Single Bench had appropriately safeguarded the interests of both parties by restraining termination pending the final outcome of the writ petitions.
Tripura HC upholds discharge order of Judicial Officer, who approached Minister of State for Social Justice and Empowerment for his transfer
“The service rule of petitioner being a Judicial Officer is covered by Tripura Judicial Service Rules, 2003 and the ambit of Article 311 of the Constitution pertains to permanent employees and not probationer Judicial Officer.”
‘Aimed at ensuring that education is not commercialized’; Patna HC rejects petition challenging validity of provisions of Bihar Private Schools (Fee Regulation) Act, 2019
“The absence of guidelines cannot ipso facto result in invalidation of Bihar Private Schools (Fee Regulation) Act, 2019, especially one in the nature of regulation aimed at ensuring that education is not commercialized and reduced to mere means of profiteering.”
‘Correction of date of birth cannot be claimed as a matter of right’; Telangana High Court dismisses petition for alteration in date of birth in service records
“A.P. Public Employment (Recording and Alteration of Date of Birth) Rules, 1984 do not permit alteration of date of birth on the basis of any judgement, decree or order of a Civil Court and no indulgence can be shown.”
Patna High Court rejects PIL filed by a teacher seeking exemption from attending LLB classes due to his employment in a school
“There is no public interest either in the exemption from classes for LLB course sought for or the prayers made under the Right to Information Act, 2005.”
‘No tax recovery can be made when GST Tribunal not constituted’; Patna HC imposes cost of Rs 5000 on GST Assessing Officer for ‘coercive’ tax recovery
“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”
‘Foreigners cannot claim right to reside and settle in India as per Article 19(1)(e), their rights limited to Article 21’; Delhi HC dismisses petition against illegal detention
“Power of the Government of India to expel foreigners is absolute and unlimited and no provision of the Constitution can curtail the Government’s power to expel foreign nationals.”
Calcutta High Court dismisses petition challenging provisional attachment of bank account under Section 83 of CGST Act, 2017
The Calcutta High Court rejected the objection regarding the maintainability of the writ petition, stating that part of the cause of action arose within the territorial jurisdiction of the court.
Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause
The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.
Penalty imposable under Section 56(4)(b) of Bihar VAT Act on account of clerical mistake in mentioning of invoice number in SUVIDHA form: Patna High Court
“Section 60(4) of Bihar VAT Act, 2005 enables a seizure of goods along with the carrier if the authority suspects the transport to be in contravention of the provisions of Section 60(2).”
Solid waste management activities are exempted from payment of tax under Bihar Goods and Services Tax Act, 2017: Patna High Court
“The Appellate Authority had allowed the appeal in the case of a different assessee, who had been carrying on the very same work of solid waste disposal in the very same Municipality.”
Writ Court cannot resolve Private/Contractual Disputes or Questions of Ownership in Land Dispute Cases: Calcutta High Court
Calcutta High Court opined that such disputes should be resolved by the Civil Court.
Writ Petition filed after Suit seeking same relief was withdrawn without liberty to file afresh not Maintainable: SC reiterates
The Supreme Court called the matter at hand a classic case in which a litigant had been able to mislead the Courts and authorities at different levels to put life into his stale claim.
Karnataka High Court slams the State authorities for delaying the reconstruction of a village school demolished to widen the Mysore Highway
Coming down furiously over the respondents Karnataka High Court reprimanded them for indulging in red-tapism and being apathetic to the educational needs of the children.
Bombay High Court quashes order refusing to discharge Raj Thackeray in 2008 riots case
Bombay High Court opined that the Revisional Court was obliged to prima facie discuss or indicate material on record showing Raj Thackeray’s involvement in the alleged crime.
“Total negligence and lapse on part of the jail authorities in providing medical treatment”; Bombay High Court awards compensation to family for death in custody
Bombay High Court directed the State of Maharashtra to pay compensation of Rs 10 lakhs to the petitioners and left the State at liberty to recover the same from officers at fault.
Review application cannot be used as an Appeal in disguise, reiterates Supreme Court
“An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC”, stated the Supreme Court
2023 SCC Vol. 2 Part 4
Constitution of India — Arts. 14, 12, 266, 136 and 32 — State action in a matter arising from non-statutory contract: Scope