Legal Update as on 23.12.2022

legal-updates
  1. HC: AFTER ATTAINING ESSENTIAL PG QUALIFICATION, TEACHING EXPERIENCE CAN BE GAINED. – The Kerala High Court ruled that the basic PG degree required for the position must be obtained before gaining the 10 years of teaching experience indicated in the Special Rules in effect for promotion to the rank of Professor.
    DR ASHA SREEDHAR V. DR SHAHINAMOLE S AND CONNECTED CASES
  1. J&K&L High Court – Letters of Intent Cannot Create Prospective Rights – According to the Jammu and Kashmir and Ladakh High Court, a letter of intent is merely a procedure for starting a process; the right to obtain a grant of lease and execute a formal lease agreement would only become available to the interested party upon completion of the formalities required by the Mining Rules.
    KANWARJIT SINGH VS UT OF J&K & ORS.
  1. TAX DEPOSITED DURING SEARCH IS NOT VOLUNTARY, CONCLUDES DELHI HC – When ordering the GST department to repay Rs. 1.80 crores with 6% interest, the Delhi High Court made the observation that no tax should be recovered during a search, inspection, or investigation unless it is voluntarily.
    M/S. VALLABH TEXTILES VERSUS SENIOR INTELLIGENCE OFFICER
  1. CHHATTISGARH HC: SUPERSTRUCTURES ARE INCLUDED IN ACCOMMODATION UNDER SECTION 2 OF THE CHHATTISGARH RENT CONTROL ACT – According to the Chhattisgarh High Court, a superstructure falls under the term of “accommodation” in Section 2(1) of the 2011 Chhattisgarh Rent Control Act.
    SUSHIL DHANORKAR V. SUSHILA SONI & ORS.
  1. DNA tests cannot, of course, be directed, according to Jharkhand High Court – The Jharkhand High Court has ruled that orders to conduct DNA tests cannot be routinely granted, notwithstanding the fact that they may intrude on an individual’s privacy and physical autonomy.
    AFAN ANSARI VS. THE STATE OF JHARKHAND AND ANOTHER
  1. MP HC – CAN’T GIVE ACCUSED BONUS POINTS SIMPLY BECAUSE THE MOTIVE IS NOT ESTABLISHED – The Madhya Pradesh High Court has held that a person can be convicted based on an authentic dying declaration of the deceased, even if the prosecution is unable to establish any motive. The court made the observation that simply because motive and enmity is not established, the appellant will not receive any bonus points.
    DEEN DAYAL AND ANR. VERSUS STATE OF MADHYA PRADESH

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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