High Courts Archives

“No fundamental right violated over non-acquisition of land”; MP High Court dismisses plea challenging land exclusion

The Court noted that the land’s exclusion was based on expert recommendations and legal restrictions, including Regulation 119, which prohibits acquiring land within 45 meters of a railway or highway.

Case Briefs High Courts

Explained | Bombay HC verdict directing UAE Based Parties to disclose assets in India for execution of decree for recovery of money by Luxembourg Company

Although HSBC has initiated the proceedings before the Court in UAE, seeking orders to pay the amount under the facility letters and to obtain a decree, ARF SV 1 Sar-applicant is entitled to pursue the claim in execution in the Courts in India by filing the Execution Application.

Case Briefs High Courts

Allahabad High Court denies bail to Maulana accused of performing Nikaah after forced conversion to Islam

Allahabad High Court said that the informant in her statement recorded under Section 164 CrPC had categorically submitted that she was forced to accept ‘Islam’ and Nikaah was performed. Thus, the applicant being “Religion Convertor” is equally liable under the Act, 2021.

Case Briefs High Courts

Delhi High Court modifies MACT Award to reduce compensation for loss of future income to man with pre-existing disability

The Court calculated the disability incurred by the claimant after the accident so as to determine a just and reasonable compensation.

Case Briefs High Courts

Meghalaya High Court upholds Assam rifleman’s dismissal from service for engaging in polygamy

Rule 10(2) of the Assam Rifles Rules, 2010 provides that “any person subject to the Act, who contracts or enters into a second marriage during the lifetime of his first spouse, shall render himself ineligible for retention in service and may be dismissed, removed or retired from service on ground of unsuitability.”

Case Briefs High Courts

Commission of scheduled offence is a prerequisite for prosecuting an offence under Prevention of Money Laundering Act: J&K High Court

The Court quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA.

Case Briefs High Courts

‘Feeble excuses’; Bombay HC directs administrative action against Judicial Magistrate for non-compliance with order for expeditious disposal of trial

The Judicial Officer’s feeble excuses made in favour of non-compliance with the Court order could not be accepted; Judicial Officer is not performing duties seriously.

Case Briefs High Courts

Bombay HC dismisses PIL filed by firm ‘Crimeophobia’ to constitute Transnational Sanatan Commission; imposes Rs 10,000 cost

The prayers made in the present PIL are not only omnibus in nature but also are multiple in number, covering diverse subjects and have no factual or legal basis for it.

Case Briefs High Courts

Delhi High Court partially sets aside Arbitral Award passed by Sole Arbitrator for failing to appreciate contractual terms subsisting between parties

The direction given by the Sole Arbitrator to exclude the period from 31-03-2015 to 31-03-2017 for calculation of pre-litigation interest was contrary to the express terms in the Agreement made between the parties.

Case Briefs High Courts

Mere absence of affidavit supporting allegations against Judicial Officer does not warrant automatic dismissal of complaint and departmental proceedings: Orissa HC

“While the guideline aims to protect judicial officers from unwarranted harassment, it does not eliminate the possibility of addressing genuine issues faced by individuals or communities due to the actions of a judicial officer. The High Court retains the responsibility to ascertain the authenticity of the complaints and take appropriate action based on verified facts.”

Case Briefs High Courts

Reinstatement in service after alleged misconduct is removed cannot be treated as re-employment: Chhattisgarh HC grants consequential benefits deprived to employee

If the Government servant has been terminated without adhering to Article 311 of the Constitution, then in such a case the provisions cannot be interpreted in favour of the State to deprive the employee of his legitimate claim.

Case Briefs High Courts

Madras HC dismisses plea to declare ‘Thirukkural’ as National book of high values and virtues of India

“We are not restricting Thirukural to Tamil Nadu alone but at the same time, we do not want to open the Pandoras box, that will lead to complete chaos. Hence, we are not entertaining the Writ Petition.”

Case Briefs High Courts

Bombay HC rejects Amit Goenka’s plea challenging SEBI’s order appointing KPMG as Forensic Auditor in Shirpur Gold Refinery case

As petitioner filed reply to the show cause notice and had already questioned the appointment of KPMG as Forensic Auditor and the Report, he is free to pursue the matter before SEBI in accordance with law.

Case Briefs High Courts

Service of grounds of detention in language understood by detenu is a crucial Constitutional Right: J&K High Court

“Communication means imparting to the petitioner sufficient and effective knowledge of the facts and circumstances on which the order of detention is passed and such communication in such language which the petitioner understands.”

Case Briefs High Courts

‘Absolutely insensitive and highly deprecated’: P&H HC imposes Rs. 1 lakh costs for cancelling candidate’s result who failed to give biometrics due to allergic/fungal infection

The reason for the cancellation of the petitioner’s result was “failure in biometric” whereas the respondent-board admitted that the petitioner had allergic/fungal infection in his hands. Such reasoning given by the respondent-board is absolutely unsustainable and rather obnoxious in nature.

Case Briefs High Courts

Delhi High Court directs news channels to take down defamatory videos and posts against MP Venumbaka Vijaya Sai Reddy; grants ad interim injunction

V. Vijaya Sai Reddy was a sitting member of Rajya Sabha and the baseless allegations made in the impugned videos and posts had the potential of adversely affecting his political career and reputation which had been built carefully over the years.

Case Briefs High Courts

Can oral gift deed under Mohammedan Law reduced in writing on unregistered document be subjected to S. 47-A of Stamp Act? Allahabad HC answers

The proceedings under S. 33 of Stamp Act will be initiated and not under S. 47-A if gift deed requires for payment of stamp duty.

Case Briefs High Courts

Inside Bombay HC verdict ordering compensation to owner after 36 years since land acquisition by MHADA

No justification was offered for inordinate and insensitive delay and not paying any compensation for almost 36 years. Such conduct amounts to virtual expropriation of a citizen’s property without the authority of law and without paying any compensation and violates Articles 14, 21 and 300-A of the Constitution.

Case Briefs High Courts

MP High Court dismisses ‘missing person’ petition, imposes ₹ 10K Cost on Husband for misusing Judicial System

The petitioner’s wife informed the Court that she had left the petitioner’s house in 2006 due to his merciless beatings of her and their sons and the petitioner is fully aware of the reasons for her departure.

Case Briefs High Courts

Recruitment agencies should ignore procedural lapses in documents; consider candidate’s date of passing of exam and not date of issuance of degrees: P&H HC

In the competitive examinations, the candidates work hard and make their best efforts to secure good marks. Therefore, only because of the date of issuance of degree/certificate, they should not be denied appointment as these were only procedural delays/lapses.