High Courts Archives

[Central Government Health Scheme] Delhi HC directs Union to release reimbursement of employee’s medical bills who passed away after being diagnosed with COVID

The Court was of the view that the only test in such extraordinary situations must be as to whether the medical treatment is actually availed of. Once the answer is in affirmative, the reimbursement must be full while dealing with such cases pertaining to COVID pandemic.

Case Briefs High Courts

Constitution only permits right to freedom of religion not right to convert others: Allahabad High Court

The statement of object and reason for enforcing the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, was to provide for prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage and for the matters connected therewith or incidental thereto

Case Briefs High Courts

Delhi Floods are caused by encroachment of drains and riverbeds, restricting water flow in Yamuna; Delhi High Court upholds DDA’s Jhuggi Demolition

The Court stated that JJ Basti/cluster in question was not a notified JJ Basti as per DUSIB list of 675 Notified JJ Basti’s in Delhi, which further clarifies that the residents of the appellant-union are living illegally

Case Briefs High Courts

Read why Madras HC dismissed Nityanandha Swami’s plea against substituting head of Madurai Aadheenam in 2012 suit

Madras High Court said that whether the documents executed by 292nd pontiff are liable to be declared as null and void or whether the appointment of Sri Harihara as the 293rd pontiff is valid or not have to be decided by the Trial Court

Case Briefs High Courts

Delhi HC directs formation of Joint Committee for inspection of nursing homes of Delhi Medical Association to report non-compliance with fire safety norms

The Delhi High Court stated that its immediate priority is to safeguard public safety and to ensure that the basic fire safety equipment, as mandated by law, is installed at the premises of private nursing homes.

Case Briefs High Courts

Bombay HC sets aside Industrial Court’s order staying transfer of Indian Express employee due to lack of mala fides

The Court referred to Rajendra Roy v. Union of India, (1993) 1 SCC 148 wherein it was held that, it is possible to draw reasonable inference of mala fide action from the pleadings and antecedent facts and circumstances, however it cannot be drawn from insinuation and vague suggestions.

Case Briefs High Courts

Delhi HC dismisses plea to refer thirty-year-old man’s case to medical board for consideration of passive euthanasia

The Court stated the petitioner is living and no one, including a physician, is permitted to cause death of another person by administering any lethal drug, even if the objective was to relieve the patient from pain and suffering.

Case Briefs High Courts

Delhi High Court dismisses PIL against Dalai Lama for alleged molestation of minor child

The Delhi High Court took judicial notice of the fact that Dalai Lama had already expressed his apology to those who may have been offended by his action.

Case Briefs High Courts

‘S. 21 notice not required if claim is filed in form of counterclaim for which reference has been made by Court’; Delhi HC dismisses Arbitration Applications

Since AISPL and the ASF Group had assumed responsibility for payments to be made to SPCPL, their impleadment was necessary for a comprehensive adjudication of the matter.

Case Briefs High Courts

Bombay HC grants bail to man arrested for fraud for having suffered incarceration beyond the maximum sentence period

The Court referred to Niranjan Singh v. Prabhakar Rajaram Kharote (1980) 2 SCC 559, wherein it was explained that no lexical dexterity nor precedential profusion is needed to come to the realistic conclusion that he who is under the control of the court or is in the physical hold of an officer with coercive power is in custody for the purpose of Section 439, CrPC.

Case Briefs High Courts

Delhi HC sets aside impugned order allowing documents taken on record after 14 months of initiation of suit

The Court stated that the impugned order was entirely against the compliance of provision under Order XI Rule 5 of Code of Civil Procedure, 1908 and spirit of Commercial Courts Act, 2015, thus, the documents brought on record were directed to be taken off the record.

Case Briefs High Courts

Sending first time offenders of less serious offence to jail might attract them towards a life of crime instead of reforming: Punjab and Haryana HC upholds probation

The sole intention of the legislature in passing probation laws is to give person of a particular type of chance of reformation, which they would not get if sent to prison.

Case Briefs High Courts

Rajasthan High Court stays acquisition of land for new railway line in Rajsamand District

The petitioners alleged that the objections were decided without affording them a proper opportunity of hearing, relying solely on a newspaper notice.

Case Briefs High Courts

MP High Court quashes Rape case lodged by Honey trap racket operator

The Court held that while delay in reporting rape is not always material, in the present case, it is crucial due to the complainant’s history and the timing of her allegations.

Case Briefs High Courts

‘Present Liquor Rules appears to protect TASMAC shops and Bars’; Madras HC requests State Government to re-visit their liquor policy for the welfare of people

“We come across many such cases where people in the locality oppose the move of the authorities to locate the TASMAC shop or IMFL shop or license for selling such IMFL and in respect of those objections given by the public, especially the women folk, the answer given by the authorities is that the Rule is not violated.”

Case Briefs High Courts

‘Malicious intent behind allegations’: Delhi HC dismisses petition challenging TATA SIA and Air India merger alleging cartelization and bid rigging

“These allegations, which are not only unsupported by evidence but also seem to be driven by malice, undermine the integrity of the judicial process. The claims are made without any regard for truth and appear to be designed to manipulate or mislead”

Case Briefs High Courts

Recall of witness for production of original documents will not amount to filling up lacuna in evidence discovered on cross-examination: Bombay High Court

The Court noted that though a witness was mandated to produce original bank documents, he committed a mistake in bringing only photocopies containing endorsement that the same were verified with the original.

Case Briefs High Courts

‘Entitled to lead a life with all dignity in an environment that will be congenial’; Tripura HC grants bail in NDPS case to a man tested HIV positive

The Court opined that though the jail authorities had claimed that adequate treatment will be provided to the accused, but considering his condition, he deserves the benefit of granting bail.

Case Briefs High Courts

Bombay HC permits student to reappear for HSC exam, who missed it while undergoing treatment for Internet Gaming Disorder

The Court found that the petitioner was a bright student, and the medical documents were authentic; therefore, in the interest of justice, the Court permitted the student to appear in the July 2024 HSC exam subject to the payment of late fees.

Case Briefs High Courts

Sikkim HC upholds conviction of grandson on sole testimony of grandmother raped by him on multiple occasions

The impugned judgment of the Sessions Court had observed that if a court finds that the testimony of a prosecutrix inspires the confidence of the court and is found reliable and trustworthy, then the court can rely on her sole testimony for convicting the accused and need not look for corroboration of her testimony elsewhere.