High Courts judgments

Allahabad HC rules that contractual tax liability under public works contracts is arbitrable under Section 37 of the Arbitration and Conciliation Act, 1996. The court distinguishes contractual tax obligations from statutory tax assessments, affirming that arbitral awards on such disputes are final and not subject to statutory reassessment. This impacts contractors and government departments navigating GST-related contractual disputes.

Bombay HC grants interim relief under Section 9 of the Arbitration and Conciliation Act, 1996, preserving the assets and accounts of M/s. Radio Restaurant pending arbitration. The court directs respondents to disclose assets, produce financial records, and deposit profits, appointing a receiver to prevent dissipation of the deceased partner's 25% share.

The Allahabad High Court ruled that custody of a minor below five years should ordinarily remain with the mother under the Hindu Minority and Guardianship Act, 1956. The judgment emphasized the child's emotional bond and welfare, overriding parental financial capacity arguments.

Bombay High Court dismisses writ petition challenging School Tribunal's order reinstating a teacher under MEPS, emphasizing procedural compliance and the management's inability to benefit from its own procedural delays. The ruling reaffirms the burden of proof on employers to justify terminations promptly under Maharashtra Employees of Private Schools [Conditions of Service] Regulation Act, 1977.

Andhra Pradesh High Court grants default bail to an accused under the SC & ST (Prevention of Atrocities) Act after 63 days in custody, ruling that failure to file a charge sheet within 60 days entitles the accused to bail under Section 14A. The judgment reaffirms strict compliance with statutory timelines for charge sheets in atrocity cases.

The Andhra Pradesh High Court increased compensation in a fatal motor accident case from Rs.1,39,750 to Rs.8,50,005, rejecting contributory negligence and correctly applying the multiplier method and future prospects principles. The ruling clarifies compensation calculation standards for dependents of deceased victims under the Motor Vehicles Act.

The Andhra Pradesh High Court directed state authorities to release Rs. 30,16,338 to a contractor within eight weeks for MGNREGS works, emphasizing the state's obligation to honor contractual commitments and prevent arbitrary withholding of payments. The ruling underscores the enforceability of writ jurisdiction under Article 226 against state inaction in public contracts.

Bombay HC grants interim protection under Section 9, directing deposit of Rs.2,14,99,523 with 18% interest and asset disclosure within seven days. Court relies on repeated MOU admissions of liability and dishonoured security cheques, preserving prima facie case for secured creditor.

Bombay High Court ruled that employees absent without authorization during a transfer period are not entitled to wages, reinforcing the 'no work no pay' principle. The judgment preserves continuity of service despite no interim stay, impacting employers and unions in transfer disputes under the Industrial Disputes Act.

The Bombay High Court affirmed contract workers performing identical duties as permanent employees are entitled to the minimum pay scale under Rule 25(2)(iv)(b) of the Maharashtra Rules and the CLRA Act. The Court restricted arrears payment to the dates of references to the Industrial Tribunal, limiting retrospective liability for employers.

The Andhra Pradesh High Court struck down G.O.Ms.No.190/2012 mandating MSW degrees from State universities for promotion to Lecturer in Social Sciences, holding it violates Articles 14 and 16 of the Constitution. The ruling impacts MSW-qualified employees in government medical colleges seeking career advancement.

The Andhra Pradesh High Court quashed temple land registration under Section 43(6) of the AP Charitable and Hindu Religious Institutions and Endowments Act, 1987 for failing to conduct the mandatory enquiry and issue notice under Section 43(5), thereby violating natural justice. The ruling underscores the procedural safeguards required before endowment property registration, impacting religious institutions and revenue authorities across Andhra Pradesh.

Bombay HC grants interim reliefs under Section 9 of the Arbitration and Conciliation Act, 1996, holding prima facie that an arbitration agreement exists in an employment dispute involving confidential information. The Court preserved the Arbitral Tribunal's jurisdiction to finally decide on the agreement's scope, impacting parties in confidentiality and non-compete disputes.

Allahabad HC overturns a 20-year conviction under POCSO Act after finding material contradictions in prosecution evidence, unexplained FIR delay, and a corroborated alibi backed by contemporaneous medical records. The ruling reaffirms the primacy of the benefit of doubt in child sexual offence trials.

The Bombay High Court permitted diversion of 94.68 hectares of forest land for a 132 KV transmission line but imposed strict conditions including compensatory afforestation, annual compliance reports for a decade, and ecological monitoring. The ruling balances public infrastructure needs with environmental safeguards under the Forest Conservation Act.

The Himachal Pradesh High Court set aside an appellate order restraining construction on joint land, ruling that the First Appellate Court exceeded its jurisdiction by failing to establish perversity in the trial court's findings. The ruling clarifies the limits of appellate jurisdiction under Order 43 CPC in property disputes involving co-sharers.

Himachal Pradesh High Court ruled that financial constraints cannot justify denial of pensionary benefits under the HP Corporate Sector Employees Pension Scheme, 1999. The court directed disbursal of pension within three months or payment of interest at 6% per annum, affirming entitlement even for voluntary retirees during the scheme's operational period.

Himachal Pradesh High Court rules insurers cannot escape Motor Vehicles Act liability without proving breach of insurance terms, shifting the burden to prove unauthorized passenger status. The ruling strengthens claimants' rights in fatal accident compensation disputes under Section 166.

The Himachal Pradesh High Court upheld conditional leave to defend under Order 37 Rule 3 CPC in a ₹52 lakh recovery suit, affirming that leave to defend is the rule unless the defendant raises a triable issue. The ruling clarifies the threshold for denying leave in commercial disputes under summary procedure.

Karnataka HC quashes criminal proceedings in a case and counter-case investigated by different IOs, directing the same investigating officer to handle both crimes arising from a solitary incident. The court orders a de novo investigation within three months to ensure procedural fairness and prevent abuse of process.

The Himachal Pradesh High Court awarded Rs. 75,000 each for pain and suffering and loss of amenities of life to a 24-year-old claimant with 60% disability. The court added 40% future prospects to notional income under the Motor Vehicles Act, reinforcing compensation standards for permanent disabilities.

Karnataka High Court quashed a 12% Forest Development Tax (FDT) demand on timber purchases, holding that such demands cannot proceed until final resolution of pending appeals challenging the tax's constitutional validity. The interim order protects taxpayers from coercive recovery while the legal challenge remains unresolved.

Karnataka High Court rules husband's obligation to pay interim maintenance under Section 125 CrPC cannot be denied solely due to wife's educational qualifications or employment status. Sets Rs.10,000 monthly interim maintenance with arrears to be paid within one month and main petition disposed of within six months.

Karnataka High Court ruled that the Employees' Pension Scheme (EPS) higher pension benefits, once sanctioned and paid, cannot be withdrawn by EPFO. The judgment reaffirms the R.C. Gupta precedent, limiting the impact of the Sunil Kumar B. ruling on already disbursed benefits. Affected retirees and EPFO officials must note the court's strict stance on vested pension rights.