High Courts Archives

Textbook example of how the affluent people try to flout the law; Delhi High Court dismisses S. 482 CrPC petition

The instant case is a textbook example of how the affluent people try to flout the law by coercing the aggrieved party to settle the dispute, despite the offence being criminal in nature and approach the Courts citing settlement deed.

Case Briefs High Courts

‘Reasons required by Rule 9(1) cannot be left in realm of conjecture and surmise’; Delhi HC concurs with CAT to quash decision of Disciplinary Authority

‘The reasoning given for a fresh inquiry was a mere lip service to the requirement of Rule 9(1) and was delightfully left in the realm of conjecture.’

Case Briefs High Courts

[Bahraich Violence] Allahabad High Court grants 15 days to accused persons to respond to Demolition Notices issued by UP Government

Without making any observations on the merits at this stage, Allahabad Court granted three days’ time to the Chief Standing Counsel to obtain complete instructions. It instructed that the position regarding the category of the road and the applicable norms should be clarified at the next scheduled hearing.

Case Briefs High Courts

Burning dead body inside someone’s house without proper rites is disrespectful & desecratory; Rajasthan High Court denies bail

The complainant was coerced into following a tribal or customary practice, such as “Mautana,” which involves compensating or appeasing the family of the deceased in cases of accidental death.

Case Briefs High Courts

Delhi High Court refuses to interfere with Award passed by Arbitral Tribunal in petition by the Airports Authority of India

‘Courts, while evaluating a challenge under Section 34, would not be justified in faulting an award merely because an alternative view was possible or that, in their opinion, a more just conclusion could have been reached.’

Case Briefs High Courts

Wife’s education alone does not bar her ‘Right to Maintenance’; Husband’s support still required: MP High Court

The Court, however, opined that “Section 125 of CrPC has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse.”

Case Briefs High Courts

‘Arbitrary, illegal and in colourable exercise of power’; P&H HC directs Union Bank of India to refund forfeited amount deposited by auction purchaser

The bank has acted in an arbitrary and illegal manner by claiming that the entire bid amount shall be deposited by the petitioner, while on the other hand, avoiding the question of the supervening legal impossibility, which debarred them from issuing Sale Certificate or handing over the physical possession of the property to petitioner.

Case Briefs High Courts

MP High Court seeks State’s reply on ban on sale of meat, eggs & related products during Ganesh Mahotsav

The Court observed that the effect of the order was limited to 17-09-2024, indicating that the immediate urgency of the issue may be moot, however, recognised the need to address the concern of setting a future precedent.

Case Briefs High Courts

‘Allegations about show cause notice being vague are wholly misconceived’; Bombay HC imposes Rs 5 lakhs costs on litigants who tried to “take a chance” by filing a petition

The present petition is instituted to question the show cause notice dated 07-12-2023 only after the show cause notice is adjudicated and the order dated 22-07-2024 is made.

Case Briefs High Courts

Bombay HC dismisses appeal by New India Assurance Company against ground handling company Janus Aviation for recovery of $31 million

Only the disputes which are commercial disputes within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 can be entertained by Commercial Courts or Commercial Division and Commercial Appellate Division of High Courts.

Case Briefs High Courts

MP High Court directs authorities to decide on Rehabilitation of migrated Wild Elephant as per Section 11(1)(a) of Wild Life Protection Act

The petitioner pointed out that respondents are keeping the elephants in captivity and in process giving inhuman treatment and out of 10 elephants, 2 elephants died and the respondents have concealed this fact from the Court.

Case Briefs High Courts

Delhi HC directs Karkardooma Court’s counseling center to file affidavit stating why steps were not taken to make wife understand the terms of divorce settlement

‘Even though the official language for proceedings and documentation is English, the authority concerned is duty bound to translate contents of such documents to a person not well versed with the language.’

Case Briefs High Courts

Delhi HC directs BSES Yamuna Power Ltd to pay ex-gratia amount of Rs. 10 lakhs to parents of 18-year-old boy who died due to electrocution from non-insulated live electric line

In the present case, a call was made to the police station informing that a person was lying in an unconscious state due to electric shock. The post-mortem report also mentioned the cause of death as ante-mortem electrocution. Therefore, it is an undisputed fact that the deceased died due to electrocution.

Case Briefs High Courts

Having sexual intercourse, being naked in front of minor amounts to sexual harassment, punishable under POCSO Act: Kerala High Court

Kerala High Court noted that accused 2 had abused and thrashed the minor victim and concluded that the offense falls under Section 323 of IPC in conjunction with Section 34 IPC.

Case Briefs High Courts

Delhi High Court directs BCI to reevaluate LL.B. attendance requirements following Amity Law School suicide case

The petition was filed by the Court suo motu in response to the tragic suicide of a law student at Amity Law School, affiliated with I.P. University, who took his life allegedly due to severe academic pressure stemming from attendance shortages.

Case Briefs High Courts

“Say ‘Bharat Mata ki Jai’, Salute tricolour 21 times”; MP HC grants bail to accused for shouting “Pakistan Zindabad, Hindustan Murdabad”

The Court opined that applicant may be released on bail by imposing some conditions which may enthuse in him the sense of responsibility and a pride for the country in which he is born and living.

Case Briefs High Courts

‘Mere violation of Motor Vehicles Act provisions does not amount to negligence’; Delhi HC modifies MACT’s order

‘While determining the issue of negligence, the courts are not subjected to apply the strict principles of evidence to motor vehicle accident cases as the standard of proof required in such cases is one of preponderance of probabilities.’

Case Briefs High Courts

Delhi High Court grants compassionate allowance to wife of deceased despite dismissal for absenteeism under CCS Pension Rules

The Court observed that once the employee had already suffered dismissal from service on account of unauthorized absence, that sin stood expiated and was no longer a relevant consideration while assessing his case for grant of compassionate allowance.

Case Briefs High Courts

Calcutta High Court allows doctors’ protest against RG Kar Doctor’s Rape and Murder amid Durga Puja Carnival; Strikes down police ban

The petitioners sought relief against the refusal by the State to grant permission for a “Droher Carnival” planned for 15-10-2024, intended to bring attention to the alleged rape and murder of an on-duty postgraduate trainee doctor at R. G. Kar Medical College and Hospital on 09-08-2024.

Case Briefs High Courts

‘Uniform policy required for granting furlough/parole as authorities adopt pick and choose policy’; Bombay HC grants furlough leave to two prisoners who surrendered late

In cases of late surrender with no element of escape but only element of delay in surrendering they can be examined on the facts and circumstances and merits of each case.