High Courts Archives

‘Process might not complete within fixed timeline’; Delhi HC dispenses with the direction to capture biometric of advocates/registered clerks for issuance of proximity/identity cards

The timeline was stipulated by the Delhi High Court in a previous judgment for the issuance of identity cards to the law researchers being treated as bona fide advocates.

Case Briefs High Courts

Corruption in MNREGA | MP High Court issues notice to Collector for not taking action after investigation

Commissioner of the MP Rajya Rojgar Guarantee Commission confirmed the corruption allegations after investigation and submitted a report instructing the Collector to act.

Case Briefs High Courts

“Allowing private shrines on public land will be disastrous”; Delhi High Court dismisses petition to demarcate alleged Shrine Land on Yamuna Floodplain

The Delhi High Court said if each Sadhu, Baba, and Guru is allowed to build a shrine on public land and thereby, continue to use it for personal gains, it would lead to disastrous consequences jeopardizing larger public interest.

Case Briefs High Courts

‘Annoyance to others’ a prerequisite to invoke offence under Section 294 of IPC; Allahabad HC quashes criminal case

The issue of “obscenity or indecency per se” will not arise until or unless there is evidence on record to see that a person at a given time witnessing particular obscene act is actually annoyed or not.

Case Briefs High Courts

Bail in NDPS | Orissa High Court grants bail to accused possessing 22 kgs Ganja for being a first-time offender

“The Court noted the progress in the investigation and directed to release the accuse. However, it was clarified the order shall not be implemented if it is discovered that the accused has any criminal antecedents.”

Case Briefs High Courts

‘Criminal justice not one-sided, balance b/w conflicting rights & duties must be drawn’; Orissa HC permits recall of witness at stage of death reference

The Court permitted to put the questions mentioned in the questionnaire to the informant in the cross-examination. Regarding the evidentiary value of the same, the Court added that it will be decided during hearing of the criminal appeal and the application for confirmation of sentence.

Case Briefs High Courts

‘Will serve the purpose of speedy justice’; Bombay HC directs District Courts to mandatorily award interest on maintenance amount payable by husbands/fathers

The Court opined that the husbands/fathers are many times not depositing the arrears of maintenance for years together and they have no fear or burden to pay the interest on that amount of maintenance and this is a serious legal mischief.

Case Briefs High Courts

Delhi HC directs DDA & MCD to frame rules on levy of charges for illegal encroachment on public land

The Court stated that for ascertaining the charges to be recovered from the encroacher, the land-owning authorities shall consider the area of encroached land, period for which the encroached land was illegally used, the market price or circle rate of the encroached area.

Case Briefs High Courts

Delhi High Court dismisses petition seeking Guidelines for Suspended Insolvency Professionals by IBBI Disciplinary Committee

The Court exonerated the charges of contravention of prescribing non-refundable participation fee levied on Liquidator of Corporate Debtor, however, he was found guilty of paying excess fees to BDO Restructuring Advisory LLP.

Case Briefs High Courts

J&K and Ladakh HC takes stern note of “copy-paste UAPA arguments” highlighting internal security instead of focusing on specific material against an accused

The Court pointed out that to be influenced by the forceful submission of internal security of the State, and to reject a bail application where the State has utterly failed to disclose any material against the accused, is a sure shot recipe for miscarriage of justice.

Case Briefs High Courts

‘Accident took place due to driver’s negligence’; Gauhati HC sets aside order directing Railways to pay compensation

Section 161 of the Railways Act, 1989 makes it compulsory for the drivers of every vehicle crossing an unmanned level crossing, to stop and to observe whether any train is coming, before crossing the level crossing, but in the present case, the driver failed to do so.

Case Briefs High Courts

[Reservation for Disabled Persons] Delhi High Court directs Indian Nursing Council to address discrimination claim over Clause 8 in Nursing Regulations, 2020

Clause 8 under ‘Admission Terms and Conditions’ of the Indian Nursing Council (Revised) Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020 reserves seats only for candidates with loco-motor disabilities of 40% to 50% of the lower extremity, thereby excluding candidates with other disabilities such as Muscular Dystrophy, Dwarfism, Acid Attack Victims, Low Vision, Hearing Impairment, Speech Disability, and Intellectual Disability.

Case Briefs High Courts

‘Bank cannot open Lookout Circular as an arm-twisting tactic’; Delhi HC quashes Circular issued by Union Bank of India to recover debt

The Delhi High Court said that a Lookout Circular is a major impediment for a person who wants to travel abroad.

Case Briefs High Courts

Himachal Pradesh HC seeks status report on implementation of Chief Secretary’s directions on forest fire safety and water harvesting

The Court further stated that the respondents were expected to take all possible measures to ensure that forest fire are prevented and if not prevented, at least controlled.

Case Briefs High Courts

Will arbitration proceedings survive if mandate of arbitrator is terminated? Delhi HC answers

“The arbitral proceedings in the matter were not terminated but the Arbitrator had been non-responsive and was unable to perform his functions. Thus, as per Sections 14 and 15 of the Arbitration and Conciliation Act, 1996, the present case is suited for appointment of a substitute Arbitrator for adjudicating the disputes.”

Case Briefs High Courts

‘Purely a Publicity Interest Litigation’; Delhi High Court dismisses PIL seeking transparency in Judicial Appointment Process

The only personal interest of the Petitioner as stated in the petition is that the Petitioner has a case pending in Rohini District Court, Delhi. This Court is at a loss to understand how the delay in disposal of his case in the District Court is anyway connected to the reliefs sought in the instant writ petition.

Case Briefs High Courts

Long term capital gains exempted from income tax; non-disclosure will not cause prejudice to interest of revenue or loss of revenue: Gauhati HC

The twin conditions, i.e., firstly, the order being erroneous and secondly, the order being prejudicial to the interest of revenue, must exist before power under Section 263 of the Income Tax Act, 1961 is exercised.

Case Briefs High Courts

‘Accounts declared as fraud without adhering to principles of audi alteram partem’; Punjab and Haryana HC quashes FIR against borrowers

Respondents submitted that no opportunity of personal hearing was required to be assigned to the aggrieved, before the FIR was filed and registered.

Case Briefs High Courts

Meghalaya HC directs for special interviews or examination to regularise services of 11 as Lady supervisors in Social Welfare Department

“The lady supervisors had served temporarily in the service for over fourteen years and with long years of service and experience, they had a legitimate expectation to be regularized or given an opportunity to secure their positions.”

Case Briefs High Courts

‘Lord Shiva does not need our protection’; Delhi High Court dismisses petition against demolition of Pracheen Shiv Mandir

“Lord Shiva does not need our protection; rather, we, the people, seek his protection and blessings. There could be no iota of doubt that Lord Shiva would be happier if the Yamuna Riverbed and the flood plains areas are cleared of all encroachments and unauthorized construction.”