High Courts Archives

‘No lesser punishment than dismissal from service will be equal to gravity of misconducts’; Delhi HC upholds suspension of government employee

A person castigating their employer through a constant tirade of false and scandalous allegations does not deserve to continue in the employment of the said employer.

Case Briefs High Courts

‘Resignation can be accepted only when it is clear, unambiguous, unequivocal, and not conditional’; Gauhati HC upholds employee’s voluntary resignation

It appears that petitioner has retyped his resignation letter by way of improvement as the original letter titled as ‘Regarding Resignation from Service’ submitted to respondent is hand-written, with different sentence and meaning.

Case Briefs High Courts

Widowed daughter-in-law not living in matrimonial home can claim maintenance from father-in-law: Allahabad High Court

“Merely because the woman may have made that choice cannot be concluded to mean that she had separated from her matrimonial home without reasonable cause or that she would have sufficient means to survive on her own.”

Case Briefs High Courts

‘Acquisition of foreign citizenship by parent does not affect the Indian citizenship of their minor child’: Bombay HC

“The child cannot be left stateless”, said the Court while holding that the minor petitioner was entitled to be issued a passport on the basis of her Indian citizenship.

Case Briefs High Courts

Delhi HC directs Directorate of Education to issue notices/circulars related to admission under EWS category in Hindi to prevent non-compliance due to language barriers

‘The dual-language approach will help in preventing future instances of non-compliance due to language barriers and ensure that the rights and opportunities are accessible to all citizens, especially those from disadvantaged backgrounds.’

Case Briefs High Courts

‘No direct involvement in crime’; Gujarat HC grants bail to a child in conflict with law accused of abetting suicide of family

The family of four committed suicide near railway tracks, allegedly due to atrocious and forcible demand for money which they owed to co-accused.

Case Briefs High Courts

[Haldwani Violence] ‘Appeal lies u/s 21 of NIA Act before Division Bench’; Uttaranchal HC dismisses bail plea of Abdul Malik

Under Section 21 of NIA Act, appeals are filed against Special Court’s order and thus in view of the powers that are conferred on the Court of Session for exercising the jurisdiction of the Special Court, orders passed by the Court of Session under Section 22(3) shall also be appealable under Section 21.

Case Briefs High Courts

Without valid justification, no request for adjournment/filing affidavit-in-reply will be considered, except on payment of costs: Bombay High Court

Respondents cannot have an approach that the orders passed by this Court issuing specific directions are rendered meaningless and the proceedings are to be listed only to be adjourned.

Case Briefs High Courts

Lawyer involved in forging rental agreement is liable to be prosecuted for misconduct under Advocates Act and BCI Rules; Madras HC issues directions

“The Bar Council has to maintain professional standards and in the event of any complaint of misconduct, actions are to be initiated.”

Case Briefs High Courts

Delhi High Court grants interim injunction against T-Series from using “Aashiqui” title in their proposed film

The term “Aashiqui” does not describe the general category of goods or services (films) but instead functions as a distinctive brand identifier for the Aashiqui Franchise.

Case Briefs High Courts

Delhi High Court appoints Sole Arbitrator in petition against the National Highway and Infrastructure Development Corporation Ltd.

As per Clause 26.2 of the Agreement, the Chairman/Managing Director of the Board of Directors of Contractors was supposed to do the conciliation and not the committee constituted by NHIDCL.

Case Briefs High Courts

‘Section 29-A of Arbitration Act is procedural and discretion is given to parties to extend arbitration period further for 6 months’ ; Madras HC upholds arbitration award passed beyond 12 months

“The legislative intent of inserting Section 29-A of the Act is only for expeditious disposal of the arbitration proceedings and not to confer a new defence upon an unsuccessful party to challenge the award and to reopen the entire proceedings.”

Case Briefs High Courts

In absence of specific provision, HPSEB cannot ask new owner to pay late payment surcharge dues of previous owner; HP HC sets aside order passed by Ombudsman

Where the statutory rules authorize the supplier of electricity to demand from the purchaser of a property claiming reconnection or fresh connection, the arrears due by the previous owner/occupier, the supplier can recover the arrears from a purchaser also.

Case Briefs High Courts

‘Re-agitating already adjudicated issues would be in disregard of Supreme Court’; Delhi HC quashes 1987 re-entry notice by the Union against Express Newspapers

The present dispute between Express Newspapers and the Government has spanned over five decades and has witnessed critical historical events such as the Emergency and its aftermath.

Case Briefs High Courts

Rajasthan HC issues notice in plea challenging amendment to Rajasthan State Litigation Policy & Padmesh Mishra’s appointment as State AAG in SC

The petitioner has challenged the amendment to the Rajasthan State Litigation Policy, 2018, which allowed the appropriate authority to appoint any counsel to any post based on their expertise, effectively bypassing the 10-year experience requirement.

Case Briefs High Courts

Advocate volunteers to cover pregnant minor rape survivor’s delivery expenses on Rajasthan High Court’s request

The State did not oppose the recall of the termination order but contended that the it cannot be directed to bear the medical expenses of the delivery.

Case Briefs High Courts

Delhi High Court rejects plea by expelled JDU member against internal election of Nitish Kumar as party president

‘The functions performed by the Election Commission of India under Section 29A of the Representation of the People Act, 1951 are essentially quasi-judicial in nature, and any order issued thereunder constitutes a quasi-judicial order.’

Case Briefs High Courts

Donations, gifts made to NGO ‘Operation Asha’ are property entrusted to it; thus, acquires character of a ‘constructive trust’: Delhi High Court upholds

Donations, gifts etc., which were being received by the appellant, and being vested in the committee, from various institutions will be endowments for public purpose.

Case Briefs High Courts

‘Did not contemplate any urgent interim relief’; HP HC rejected plaint filed without resorting to Pre-Institution Mediation as per S. 12-A of Commercial Courts Act, 2015

Filing of the application under Order 39 Rule 1 and 2 of the Civil Procedure Code, 1098 was just an act to wriggle out of and get over Section 12-A of the Commercial Courts Act, 2015

Case Briefs High Courts

Magistrate can grant interim Residence Order before Trial if plea Prima Facie discloses Domestic Violence: J&K High Court

“Residence order is an urgent relief to protect a woman from her taking shelter on road. Therefore, passing of an interim order of the nature as defined under Section 19 of the Act is well within the jurisdiction of a Magistrate.”