Jammu & Kashmir High Court Quashes Railway’s Contract Termination for Alleged Delay in Performance Guarantee, Holding “Excluding Issuance Date, Submission Was Within Time, and Non-Issuance of Mandatory Notice Renders Termination Arbitrary” While Refusing Reinstatement Due to Efflux of Time
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Jammu & Kashmir High Court Quashes Railway’s Contract Termination for Alleged Delay in Performance Guarantee, Holding “Excluding Issuance Date, Submission Was Within Time, and Non-Issuance of Mandatory Notice Renders Termination Arbitrary” While Refusing Reinstatement Due to Efflux of Time

Court’s Decision The Jammu & Kashmir High Court quashed the communication dated 06.07.2018 issued by the Railway authorities terminating the petitioner’s contract for laundry services at Jammu Tawi and Katra…
home guards
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Manipur High Court Quashes Discharge of Home Guards for Alleged Illegal Collection of Money Holding “Denial of Hearing and Non-Framing of Charges Vitiates Action” and Directs Reinstatement with Full Benefits but Permits Fresh Proceedings if Initiated in Accordance with Law

Court’s Decision The Manipur High Court set aside the discharge orders dated 30.06.2022 issued against the petitioners, who were Divisional Commanders in the Manipur Home Guards, and directed their reinstatement…
suit
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Uttarakhand High Court Dismisses Petition Challenging Substitution of Legal Representatives in Specific Performance Suit, Holding “Courts Should Advance Justice and Not Deny Claims Solely for Technical Errors Where Good Faith and Bona Fide Mistake Shown”

Court’s Decision The Uttarakhand High Court dismissed the writ petitions challenging the trial court’s orders allowing substitution of the deceased defendant’s legal representative and rejecting the petitioner’s application for dismissal…
extension of time
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Calcutta High Court Allows Defendant to File Written Statement Despite 9-Year Delay Post Part-Decree in Commercial Suit, Holding “Transfer to Commercial Division with Amended Pleadings and Non-Supply of Documents Justifies Opportunity in Interests of Justice” Subject to Cost

Court’s Decision The Calcutta High Court allowed the defendant’s application seeking extension of time to file a written statement in a commercial suit filed in 2016 despite a nine-year delay,…
Uttarakhand High Court Grants Bail in Child Sexual Assault Conviction Holding “Absence of Penetrative Assault, Hostile Witnesses, and Forensic Infirmities Make Continued Incarceration Unjust” After 5 Years Imprisonment Served Under POCSO Act
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Uttarakhand High Court Grants Bail in Child Sexual Assault Conviction Holding “Absence of Penetrative Assault, Hostile Witnesses, and Forensic Infirmities Make Continued Incarceration Unjust” After 5 Years Imprisonment Served Under POCSO Act

Court’s Decision The Uttarakhand High Court allowed the second bail application, directing the appellant’s release on bail after serving five years imprisonment under POCSO Act, noting that the evidence failed…
promotion
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Manipur High Court Directs State to Convert Post of Primary Investigator to Statistical Officer for Contractual Employee Regularization, Holding “Equal Treatment Must Be Given Where Policy Exists” Despite State’s Error Replacing Proposed Post, Protecting Legitimate Expectation of Regularization

Court’s Decision The Manipur High Court allowed the writ petition by directing the State to convert the post of ‘Primary Investigator’ to ‘Statistical Officer’ in the appropriate pay scale and…
quashed preventive detention
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Jammu & Kashmir High Court Quashes Preventive Detention Under Public Safety Act Holding “Liberty Cannot Be Sacrificed on Stale Grounds Without Live, Proximate Facts” as Detention Was Based on Acquitted Cases, Delayed Dossier Action, and Misapplication of Public Order Standards

Court’s Decision The Jammu & Kashmir High Court quashed the preventive detention order dated 03.12.2024 under the J&K Public Safety Act, including its approval and extension orders, directing the immediate…
cash transactions
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Calcutta High Court Stays Income Tax Penalty Orders for Alleged Cash Transaction Violations, Holding “No Penalty Can Be Levied Without Prior Satisfaction of Assessing Officer Recorded in Assessment Orders” While Considering Prima Facie Illegality in Absence of Statutory Compliance

Court’s Decision The Calcutta High Court granted an interim stay on penalty orders issued under Sections 271D, 271DA, and 271E of the Income Tax Act, 1961 against the petitioners, observing…