High Courts Archives

Whether Employer’s Intentional Assault on Employee Constitutes “Accident” Arising Out of Employment Under Employees’ Compensation Act? Karnataka HC Answers

The instant matter revolves around the applicability of Section 3(1), Employees’ Compensation Act, 1923 for claiming the compensation arising out of an accident at the workplace.

Bhojshala Directions Jain Temple Objections

Case Briefs High Courts

MP HC Evaluates Preliminary Objections Raised On Maintainability of Petition; Directions Issued — Held, Bhojshala Not A Jain Temple

“The issue is not related to the ‘title of the property’ but for the claim of fundamental right of worship or prayer and if the ‘disputed area’ is held to be a ‘protected monument’ under the provisions of the Ancient Monuments and Archaeological Sites and Remains Act, 1958, the bar under the Places of Worship Act, 1991 would not apply.”

Case Briefs High Courts

The Bhojshala Complex Judgment: MP HC Examines Validity Of ASI Survey, Ailan 1935 & Waqf Claim In The Light Of Ayodhya Precedent

“Every order issued by the Princely Ruler survives as law only when it goes through the test as prescribed under the Constitution, thus, the Ailan of 1935 was merely an executive or administrative arrangement and not a legislative enactment and the ASI report establishes a pre-existing temple structure, whose remains form the base of the present monument.”

FIR quashed against advocate in assault case

Case Briefs High Courts

Prosecution case collapses on its own evidence; Gujarat HC quashes FIR against advocate implicated in assault case

“Having found that present applicant was not present at the scene of offence and was also not visible at the District Court, Surat as alleged by the complainant from the CCTV footage, the said aspect would itself demolish the very basis of the FIR against the present applicant.”

Case Briefs High Courts

Termination of Pregnancy Beyond 26 Weeks Allowed Considering Medical Board’s Unambiguous Opinion on Foetal Anomalies: Bombay HC

“Bombay High Court allowed termination beyond 26 weeks based on the Medical Board’s finding of serious foetal abnormalities and the petitioner’s financial constraints.”

Case Briefs High Courts

Inquiry Into Forged Judicial Orders Must Precede Consideration of Recall Application: Bombay HC Directs Registrar General to Lodge Complaint

The Court held that the issue of how and at whose instance the forged judicial orders came into existence must first be investigated, and directed the Registrar General to lodge a police and cyber cell complaint, deferring consideration of the recall application until completion of the inquiry.

Case Briefs High Courts

Delhi HC Modifies Family Court Order Granting Overnight Custody On Finding Child Had Never Stayed with Father; Says Direction Inconsistent with Findings on Child’s Comfort Level

Delhi High Court held that overnight custody was not warranted where the child had never stayed overnight with the father and required further time to acclimatise, the Court thus modified the Family Court’s order and granted the father extended daytime custody instead.

relieving letter in airline service bond

Case Briefs High Courts

Relieving letter is consequential upon acceptance of resignation; employer justified in withholding it where resignation is in breach of service bond: Bombay HC

Bombay High Court, in a petition concerning enforcement of a service bond and issuance of a relieving letter to an aircraft technician trained under an airline arrangement, held that the Industrial Court’s interim order was unsustainable, emphasising that resignation in breach of the bond cannot compel the employer to issue such documents.

Case Briefs High Courts

Pharmacies Can Sell Below MRP But Cannot Display Vague Discount Boards; Drugs Controller’s Licensing Condition Upheld: Kerala High Court

The Court viewed that the power of the licensing authority to stipulate certain conditions while submitting applications for the grant of a licence cannot be said to be arbitrary or warranting an interference by this Court.

hysterectomy parens patriae intellectual disability India

Case Briefs High Courts

Karnataka High Court permits Total Abdominal Hysterectomy of 23-year-old woman with severe intellectual disability, citing her welfare and best interests

“Disability, by itself, can never constitute a ground either to authorise the removal of a reproductive organ or to deprive a person of reproductive autonomy. Any such approach would be inconsistent with the constitutional guarantees recognised by the Supreme Court and with the dignity accorded to persons with disabilities under the Constitution and the statutory framework governing their rights.”

Case Briefs High Courts

Advocate Entitled to Agreed Professional Fees Adjustable Against Compensation Amount: Delhi HC Dismisses Client’s Appeal on Failure to Prove Payment

The Court also acknowledged that the advocate’s conduct was improper in retaining the entire amount of Rs.60,000/- received on behalf of the client.

Case Briefs High Courts

Treating Employment Bond Amount as Debt Without Establishing Actual Loss Impermissible under Section 138 NI Act; Employee Acquitted in Cheque Dishonour case: Bengaluru Sessions Court

Any dispute arises in respect of liquidated damages, it should be reasonable. A party to contract violated a terms or conditions, he is liable to pay actual damages or loss caused to other party.

Case Briefs High Courts

Better possessory title prevails over mere occupation: Delhi High Court dismisses second appeal in JJ Colony property dispute

Deciding a second appeal arising from a long-standing dispute over a JJ Colony property, the Court upheld a decree for possession in favour of the respondent, observing that while the respondent successfully traced her rights to the original allottee through documentary evidence, the appellant failed to substantiate her competing claim with any credible material.

Case Briefs High Courts

No surrender of tenancy without agreement or decree; Continuous acceptance of rent entitles tenant to repossession: Bombay HC

The Court held that tenancy cannot be said to have been surrendered in absence of a decree of eviction or a valid agreement evidencing surrender, and that temporary handing over of premises for a limited purpose does not extinguish tenancy rights, particularly when rent continued to be paid and accepted.

Case Briefs High Courts

Whether a Shared Autorickshaw Used for Office Commute Constitutes a “Workplace” Under POSH Act? Bombay HC Answers

Bombay High Court considered the scope of “workplace” under the POSH Act in relation to an incident allegedly occurring during a shared autorickshaw commute to work.

motor accident claim compensation loss of consortium

Case Briefs High Courts

In Absence of Income Proof, Minimum Wages Act Governs Notional Income in Motor Accident Claims: Andhra Pradesh HC Enhances Compensation from ₹12.4 lakh to ₹16.92 Lakh

The Court allowed the motor accidents appeal and enhanced the compensation in a motor accident claim, by awarding 40 per cent additional income towards future prospects and ₹40000 to each claimant under the head of loss of consortium.

Case Briefs High Courts

Electro-Homeopathy Regulated Under Medical Practitioners’ Statutes; Registration Mandatory: Kerala HC

The Court observed that a citizen cannot claim an unrestricted right to engage in any activity merely because it is not expressly prohibited by law; Constitutional freedoms must be balanced against societal interests and corresponding civic obligations.

Case Briefs High Courts

Delhi High Court: Acceptance of Pagri Does Not Render Tenancy Perpetual or Confer Ownership Rights on Tenant

Delhi High Court held that acceptance of pagri does not make a tenancy perpetual or confer ownership rights on a tenant. Upholding an eviction decree, the Court held that filing of the suit itself amounted to notice of termination and found the Delhi Rent Control Act inapplicable to the premises.

Child Welfare in Cross-Border Visitation

Case Briefs High Courts

Immigration Uncertainty During H-1B Visa Transition a Genuine Child Welfare Concern; Delhi HC Allows Father to Exercise Vacation Custody in USA Without Bringing Child to India

The Court asserted that since the respondent-father had already travelled to USA, he could spend time with the child there and to give priority to the minor child, he could extend his stay in USA by working remotely from there.

Absolute liability of electricity company for electrocution death

Case Briefs High Courts

Electricity company cannot shift blame to deceased victim; absolute liability for electrocution is non-delegable: Gujarat HC upholds ₹9.4 lakh compensation

Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to