High Courts Archives

Gauhati High Court directs State to reconsider experience as homeguards/ Special Police Officers for constables recruitment under Assam Industrial Security Force

The High Court directed the State to follow a uniform marks allocation process for the appointment of constables under AISF and reconsider the case of candidates having prior experience as home guards and SPOs.

Case Briefs High Courts

Delhi High Court dismisses PIL seeking to direct medical professionals to inform patients about side effects of a drug

Delhi High Court stated that since the legislature in its wisdom has elected to impose this duty on the manufacturer and the pharmacist, we do not find any ground for issuing a direction as prayed for in this PIL as it would amount to judicial legislation.

Case Briefs High Courts

Mental cruelty can continue even after leaving matrimonial house and while residing at parental home: MP High Court

MP High Court asserted that while physical cruelty ceased after leaving the matrimonial house, the psychological impact of separation and the trauma induced by dowry demands persisted.

Case Briefs High Courts

Man convicted of murdering a government employee, set free by Sikkim HC due to gaps in circumstantial evidence

The Court said that the prosecution evidence must establish that the accused was the perpetrator of the offence and no one else.

Case Briefs High Courts

Madras HC directs for exhumation and re-postmortem of deceased after wife alleges death by custodial torture

Madras High Court viewed that the suspicion of the petitioner that her husband died of custodial torture is reasonable and cannot be brushed aside easily.

Case Briefs High Courts

ITAT, Delhi quashes reassessment made on basis of notice issued u/s 148 of Income Tax Act by non-jurisdictional Assessing Officer which led to addition of 12.5 lakhs

“The reassessment notice was issued by ITO, Ward 69(1), New Delhi, under Section 148 and lacked jurisdiction as the jurisdiction was with ITO, Ward 4(1), Gurgaon. Hence, the subsequent assessment completed by ITO, Ward 4(1), Gurgaon, based on this notice was legally flawed.”

Case Briefs High Courts

Delhi High Court dismisses petition seeking issuance of guidelines for putting cap on airfares

“The aviation sector being a capital-intensive sector, the regulated free play given to the airlines to implement dynamic pricing of the fares for each flight appears to be in conformity with the norms followed worldwide and appears to be essential growth of the said sector.”

Case Briefs High Courts

When can an order under Section 125 CrPC be modified or recalled? Allahabad High Court clarifies

“It is clear that Section-125 CrPC is social justice legislation which orders for the maintenance of wives, children and parents and the legislature has provided in Sections-125(5) CrPC., 126 CrPC as well as Section-127 CrPC, certain conditions on fulfilling of which, order passed u/s 125 CrPC can be recalled or modified”

Case Briefs High Courts

‘Child born could be a reminder of trauma and agony’; Punjab and Haryana HC allows termination of woman’s pregnancy who was sexually assaulted by her husband

“Such decisions are tough, however, life is not just about being able to breathe rather it is about being able to live with dignity. Where the denial of dignity and social as well as family acceptance or approval ‘is a writing’ on the wall, it compounds agony of the child and leads to greater injustice.”

Case Briefs High Courts

[Juvenile Justice Act] POCSO convict set free after Sikkim HC finds him to be a minor at the time of offence

The Court found that all the documentary evidence proved his DOB. The Court, however, upheld the conviction under POCSO and given the convicts minority, he was set at liberty having already served 3 years of his sentence.

Case Briefs High Courts

Delhi High Court enhances compensation to Rs. 30,00,000/- for families of deceased sanitation workers

“It would be a travesty if the entitlement of the family members of the deceased scavenging workers is confined to Rs.10,00,000. The same would defeat the directions of the Supreme Court to enhance the compensation to Rs. 30,00,000/- on the basis that the previously fixed compensation of Rs.10,00,000/- was fixed far back in 1993 and was not an adequate compensation.”

Case Briefs High Courts

[S. 5(4) Citizenship Act] Delhi High Court directs Centre to grant citizenship to minor born in India to OCI Holder parents

The present case is one where there are special circumstances, for the Central Government to use the enabling powers, as contemplated under Section 5(4) for favorably considering grant of citizenship to the Petitioner.

Case Briefs High Courts

Obligation to stay proceedings in contingencies spoken of in S.124(1) of the Trade Marks Act does not stand obviated consequent to abolition of IPAB: Delhi High Court

Notwithstanding the abolition of IPAB and the power of rectification reverting to the High Court, a Trial Judge would have to stay in its hands once it is apprised of pendency of a rectification.

Case Briefs High Courts

Delhi High Court sets aside arbitral award due to violation of S. 12(5) Arbitration Act

“It is well settled principle that unilateral appointment of Arbitrator is not permissible under the law”

Case Briefs High Courts

Threat to falsely implicate in rape and eve-teasing case amounts to abetment to suicide: MP High Court

MP High Court opined that continuous threat of false implication can demean and destroy an individual’s self-esteem and career, significantly contributing to psychological distress and potentially leading to suicide.

Case Briefs High Courts

Delhi HC restrains entities from infringing Jackie Shroff’s publicity and personality rights including his name, voice and image for commercial gains

The Court sought response from a content creator for a YouTube video titled “Jackie Shroff Is Savage (*) Jackie Shroff Thug Life” and viewed that restricting such creative expressions stifles freedom of expression, potentially deterring the public from exercising their right to free speech due to fear of legal repercussions.

Case Briefs High Courts

‘The forest department workers were thrown out of service to deprive them of benefits of regular services’; Gujarat HC orders reinstatement for wrongful termination

“The act of terminating services of the petitioners, so as to deprive them of the benefits of Government Resolution was illegal and contrary to the principles of natural justice.”

Case Briefs High Courts

‘No teaching, suggestion or motivation in prior art to make it obvious to a person skilled in art’; Madras HC remands patent application to Controller for reconsideration

Since about 12 years have elapsed from the date of application, Madras High Court directed that the Patent Application be disposed of within a maximum period of three months from the date of receipt of a copy of this order.

Case Briefs High Courts

Rajasthan High Court stays anti-encroachment drive in Jalore

The residents of Odwada village in Jalore district faced an anti-encroachment drive on a 35-acre piece of pasture land, following Court’s previous order directing removal of encroachments from the government pasture land.

Case Briefs High Courts

Date of commencement of selection process for appointment to be taken into consideration for old pension scheme not the date of appointment order or joining date: Madras HC

The old pension rules do not apply to those appointed on or after 01-04-2003.