High Courts Archives

Delhi High Court upholds LOC against Businessman amid fraud investigation into Fortis Healthcare and Religare Enterprises

The petitioner is an Indian businessman and erstwhile billionaire with Fortis Healthcare, Religare, and Ranbaxy Laboratories, seeking permission to go abroad to attend the graduation ceremony of his two sons one on 01-07-2024 at Durham University and the other on 02-09-2024 at University College London.

Case Briefs High Courts

‘Sexual orientation an innate part of identity of LGBTQ+ persons’: Kerala HC upholds Right of choice and Right to live life of a queer woman

“Many LGBTIQA+ youth face familial rejection, often from an early age. This rejection can take a devastating toll on individuals and isolate them from physical, emotional and economic resources that are essential to their well-being. In such cases, it is important to recognise the family as a site of violence and control for many queer women, who they need protection from rather than any “guardianship”.

Case Briefs High Courts

Delhi HC directs Union to justify Non-Allotment of Housing Unit to AAP from General Pool Residential Accommodation

The Delhi High Court said that a huge pressure cannot be the only reason to deny Aam Aadmi Party its right to be allotted an accommodation for setting up its party office.

Case Briefs High Courts

‘Unlike enrolment fee, there is no statutory provision which prescribes any sum towards exam fee’: Madras HC dismisses plea to reduce AIBE fee

“A Writ of Mandamus can be issued only if the applicant can show the existence of a legal right.”

Case Briefs High Courts

‘Hotel’s legitimate expectation was not met’, Madras HC sets aside order rejecting SRM Hotel’s request for renewal of land lease on fresh terms

“SRM Hotels should have been given an opportunity to demonstrate that they and not TTDC are better equipped to run the hotel.”

Case Briefs High Courts

‘One year PG degree is valid for Government Service’: Madras HC directs TNPSC to appoint candidate as typist and to provide him all service benefits

“In the post of Typist where there are vacancies at any given time, the petitioner can be accommodated in any subsequent vacancy without the challenge being made to the selection and appointment of the next candidate and without dislodging the candidate who is selected in his place.”

Case Briefs High Courts

Manipur High Court set asides discharge order of accused involved in transnational drug trafficking syndicate; remands back for trial

The Court held that the trial court should not indulge in a detailed inquiry at the stage of charge framing but should only ascertain whether there are sufficient grounds to proceed based on the police report and prosecution documents.

Case Briefs High Courts

‘Totally unjust to deny Sports Gradation Certificate’; P&H HC directs Department of Sports to issue Certificate to shooter seeking to take admission in Panjab University

The Court stated that the petitioner is needed to be treated as a class apart, for which provisions are made for the admissions in the academic courses and in the Government Departments for public appointments by keeping seats reserved under Sports Category.

Case Briefs High Courts

Patna HC rejects plea for anticipatory bail to police officials in the case of custodial death and alleged abuse of woman arrested without warrant

The Court opined that given the serious nature of allegations, petitioner(s) did not deserve the privilege of pre-arrest bail.

Case Briefs High Courts

[Train Accidents] | “Injury sustained while deboarding from the wrong train cannot be termed as self-inflicted injury”: Bombay HC

Setting aside the decision of the Railway Claims Tribunal and awarding compensation to legal representatives of the deceased the Court stated that a rash and negligent act cannot be equated with a criminal act resulting in self-inflicted injury and held that the injury sustained by the deceased was an ‘untoward incident’ as under Section 123(c)(2) of the 1989 Act.

Case Briefs High Courts

Live-in-Relationship between married adult and unmarried adult is not in ‘nature of marriage’ giving rights to parties: Madras HC

Madras High Court has observed that by entering such a relationship, the appellant has committed an intentional tort, namely interference in the marital relationship with intentionally alienating him from his wife and children

Case Briefs High Courts

High Court was approached due to absence of Vacation Bench in TDSAT; Delhi High Court directs uninterrupted transmission of ‘TV9 Telugu Channel’

The writ petitions were filed by Associated Broadcasting Company Private Limited, who broadcasts the TV9 Telugu channel, against a Multi System Operator (MSO) and service provider under TRAI Act, 1997 alleging that the operator disconnected its channel without issuing the required disconnection notice.

Case Briefs High Courts

‘Non-litigating spouse is a competent witness for the other spouse who litigates’: Kerala HC sets aside Trial Court order

“The expression ‘competency of witness’ refers to the capacity, ability or qualification to give evidence in the Court of Law.”

Case Briefs High Courts

Allahabad HC grants bail to a man accused of rape; pulls up investigating officer for ‘poor quality’ of investigation

‘The D.G.P., U.P., Lucknow is directed to file affidavit enclosing the circulars related to the accountability of the Investigating Officer, Supervising Officer, Monitoring Officer and other higher officials, by the next date of listing’

Case Briefs High Courts

[Land Acquisition] Bombay HC directs Municipal Corporation to follow MRTP Act to acquire church’s land reserved for public purposes

The Court stated that until the Municipal Corporation resorted to appropriate procedure in law to acquire the disputed land, it should not disturb the peaceful possession of the Church in any manner whatsoever.

Case Briefs High Courts

[Organised Crime Syndicate] | Bombay HC upholds Trial Court’s order convicting construction contractor under MCOCA

The Court referred to Govind Sakharam Ubhe v. State of Maharashtra, 2009 SCC OnLine Bom 770, wherein it was held that the charge under MCOCA ropes in a person who as a member of the syndicate commits organised crime either individually or jointly.

Case Briefs High Courts

Punjab and Haryana HC allows student accused in murder case to appear for LLM Exams for being an outstanding and meritorious student

The Court stated that if petitioner is not permitted to give the exams, it will cause irreparable loss to the petitioner, as he will not be able to complete his LLM and the same will jeopardize his future.

Case Briefs High Courts

Rajasthan High Court issues notice to NTA and Union of India seeking reply on NEET-UG 2024 exam’s cancellation

The Court adjourned and scheduled the matter on 10-07-2024, thereby allowing the respondents time to file their replies.

Case Briefs High Courts

‘Deceased was a brilliant student’; Punjab and Haryana HC enhances compensation granted by Motor Accident Claims Tribunal for accidental death of nine-year-old child

The Court stated that the appellants were entitled to the compensation on the count of ‘loss of consortium’, ‘loss of dependency’, ‘loss of estate’ and ‘funeral expenses’.

Case Briefs High Courts

Court is required to look only into existence of the arbitration clause at the stage of appointing arbitrator u/s 11 of Arbitration Act: Jharkhand HC

The respondent raised an objection to the maintainability of the present application on the ground that the petitioner being an agent governed under Section 48 of the Bihar Cooperative Societies Act, 1935, was required to approach the Registrar of the Cooperative Societies for initiating a dispute resolution proceeding.