High Courts Archives

Confessional statement, not signed or proved by the Magistrate who recorded it, cannot be treated as true u/s 164 CrPC: Gauhati High Court

The Gauhati High Court noted that after completion of the investigation, the petitioner was not examined under Section 313 of the Criminal Procedure Code, 1973, to enable him to personally explain circumstances appearing in the evidence against him, nor was his statement recorded.

Case Briefs High Courts

[MPLADS Funds] ‘Central Information Commission has no jurisdiction to comment adversely upon the functioning of any public authority’; Delhi HC eschews CIC’s order

The Delhi High Court said that CIC can only deal with issues relating to information sought under the RTI Act or any other issue that leads to dissipation of information as sought by the applicant.

Case Briefs High Courts

Will personal right of action survive by transfer to legal heir upon original plaintiff’s death? Delhi HC answers

“The nature of infringement of his legal rights, if any, which were claimed by the deceased/plaintiff, were personal to him and certainly not heritable”

Case Briefs High Courts

[Autonomy in Panchayati Raj Institutions] | Rajasthan High Court sets aside Panchayati Raj officials’ transfer orders; Reaffirms principles of decentralized governance

The Court held that transfer orders must specify the new duty location to ensure transparency and prevent misuse of administrative discretion.

Case Briefs High Courts

Gauhati High Court directs State to specify steps taken to deal with water logging problem in Guwahati

The Court opined that the water logging issue is directly related to the public, but the authorities concerned did not address it properly.

Case Briefs High Courts

Madras High Court upholds Government Order Mandating 40% marks in Tamil paper for Group IV Government Posts

“Group IV Government employees engage in direct communication with the public for which knowledge of Tamil is essential and requirement of 40% marks in language paper is Sine Qua Non for Efficient Discharge Of their functions”

Case Briefs High Courts

‘Transgender is a gender identity; State should not have treated transgender as caste under MBC category’; Madras HC directs State to provide horizontal reservation to transgenders

“Once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated based on gender identity, should also be entitled to similar reservation.”

Case Briefs High Courts

Retirement benefits a Constitutional and fundamental right of an employee with no legal impediment: Jharkhand High Court

The Court stated that the respondent took filmsy stand which was not acceptable and this was another glaring example of delay and laches on the respondents’ part for not extending the retirement benefits.

Case Briefs High Courts

Can a writ of habeas corpus be issued in matters of child custody? Allahabad HC explains

“In child custody matters, the remedy ordinarily lies under the statutory law, or the personal law, as applicable in the facts of the case; however, in cases which justify the exercise of the extraordinary discretionary jurisdiction under Article 226, a writ of habeas corpus would be issued where it is demonstrated that the detention of minor child, is illegal or without any authority of law.”

Case Briefs High Courts

Allahabad High Court Requests State Government to frame Insurance scheme for State Law Officers practicing in UP

Allahabad HC allowed the petitioner to raise the other issues before the Development Authority or the Nagar Nigam, as they would not be considered any further in these proceedings

Case Briefs High Courts

Husband deserting his wife, bound to maintain her and his minor children irrespective of his financial status: Karnataka HC

In the instant case, the Court noted that in current times of rising inflation and increase in cost of living, not only must the wife sustain herself and the minor daughter’s life, but she also has to contest the ongoing litigation before the Family Court.

Case Briefs High Courts

Delhi High Court quashes reassessment proceedings against Progress Rail Locomotives

The Court evaluated Art. 5 of India-USA Double Tax Avoidance Agreement to determine whether Progress Rail has Permanent Establishment in Noida and Varanasi and whether reassessment proceeding can be initiated upon them or not.

Case Briefs High Courts

Delhi High Court grants injunction against rogue websites peddling false articles on Anant Ambani Interview with CNBC-TV18

The article on the websites describes a fake/made-up interview from the actual Interview of Mr. Ambani with Mr. Anand Narasimhan, a senior anchor and Managing Editor at CNN-News18 uploaded on Network 18 Media and Investments Limited, Youtube Channel.

Case Briefs High Courts

‘Every possibility for prudent man to lose temper on seeing wife with another man’: Meghalaya HC modifies husband’s conviction u/s 302 for killing wife’s ex-husband

“On noticing the presence of the ex-husband (deceased) in his house, the husband caused the death of the deceased in order to safeguard his right over person (wife) without any premeditation or intention. The case fell within the ambit of Exception 2 to Section 300 of the IPC on the ground of it being unintentional and consequently, it is culpable homicide not amounting to murder.”

Case Briefs High Courts

What is the extent of powers of amendment of pleadings in proceedings under Domestic Violence Act? Allahabad HC answers

Allahabad HC said that Magistrate dealing with an application under Section 12 is not called upon to act for the commission of an offence; hence what is contemplated is not a complaint but an application to a Magistrate as set out in Rule 6(1) of the D.V. Rules.

Case Briefs High Courts

Punjab and Haryana HC denies interim bail to cybercrime accused possessing thirty-five SIM cards; suggests measures to mitigate cybercrime

The Court stated that as the executive has largely been unsuccessful in curbing the escalating threat of cybercrime, one potential solution could involve limiting the maximum number of prepaid SIM cards per individual as cybercrime predominantly takes place through prepaid SIM cards.

Case Briefs High Courts

Limitation period for Government Applications governed by Art. 114(a) of Limitation Act, not Section 378 CrPC; Sikkim HC clarifies

The Court was of the view that both, the applicant in viewing the requirement of filing the appeal within six months as per S. 378(5) CrPC; and the respondents contending that the appeal should have been filed within sixty days as per S. 378(5), were equally incorrect.

Case Briefs High Courts

Central Council of Homeopathy is ‘Industry’ as per Industrial Dispute Act: Delhi HC upholds reinstatement of compulsorily retired workman

The Delhi High Court said that Section 33-A is a special provision which aims to adjudicate as to whether conditions of a service, etc. have been changed during the pendency of proceedings before an Industrial Tribunal.

Case Briefs High Courts

MP High Court criticises Indian Army’s behavior towards missing soldier’s family; calls for reforms of worn-out pension rules

“Instead of helping the family of the missing solider, the Indian Army expects them to get the date of his civil death declared through civil Court, and they are denied to release the pension and other retirement allowances of the missing solider.”

Case Briefs High Courts

Kerala HC directs the State to implement measures for effective waste disposal across Kochi

“Reports indicate that the waste removed from the drains in Kochi are stocked and accumulated on the side of the drains itself, without its further removal. The Kochi Corporation shall file a report regarding the steps taken to clear such waste from the sides and the persons responsible for carrying out the work.”