High Courts Archives

‘Inconvenience of specific party cannot outweigh statutory provisions’; Delhi High Court directs DGCA to process deregistration of 54 leased GoAir aircrafts

“It is trite that the international treaty obligations are required to be followed strictly and any deviation therefrom would have adverse effects including downgrading of the business interests of country in the international community.”

Case Briefs High Courts

Patna HC orders Department of Police to pay Rs 2 lakh compensation to a man subjected to custodial violence and police atrocity

Police excesses and maltreatment of detainees/undertrial prisoners or suspects, tarnishes the image of any civilised nation, and encourages the men in ‘Khaki’ to consider themselves to be above the law and sometimes even to become law unto themselves.

Case Briefs High Courts

‘Issue pending before the Supreme Court’; Delhi HC dismisses PIL seeking issuance of guidelines for release of undertrial prisoners on bail

The Supreme Court has issued directions to each State Government to set up a designated Committee, which has its focus on taking steps for setting up new jails, expanding the existing facilities in the jails, and providing facilities to the inmates using technology.

Case Briefs High Courts

‘Corporal punishment is never a solution to guide a child’; Madras HC directs State Govt. to implement guidelines for elimination of corporal punishment in schools

“The next era of child rights must move forward with a better and more equipped and pragmatic approach where the children are better heard and treated with more respect. We need to be more receptive to the needs of the children. We have to start listening to them”

Case Briefs High Courts

A policy circular doesn’t serve as arbitration clause without explicit consent: Calcutta High Court

In the facts of this case, there is no reference to the Circular whereby the arbitration clause has been incorporated in the contract between the parties. It is true that the policy decision in terms of the Circular is to make arbitration a mechanism for dispute resolution both in cases of existing and future contracts.

Case Briefs High Courts

Specific character assumed in a public auction cannot be changed to exploit the situation for personal gain:Bombay High Court

Participants in a public auction must maintain the character they assumed throughout the ensuing litigation, unless legally permitted by the Court. Changing character to exploit the situation for personal gain, especially at the expense of legitimate beneficiaries, is impermissible.

Case Briefs High Courts

Orders passed by High Court shall be complied despite enforcement of Model Code of Conduct due to Lok Sabha elections: Punjab and Haryana HC clarifies

The Court opined that the authorities are fully authorized and are under a legal duty to execute the orders of High Court without any specific permission form or intervention of the Election Commission of India.

Case Briefs High Courts

Delhi High Court directs expeditious conclusion of Magisterial inquiry into the custodial death of a 32-year-old man

Sheikh Sahadat, a 32-year-old person was found dead in police custody with black and blue marks of beatings all over his back and chest and with swelling on his hands and legs.

Case Briefs High Courts

Tata Steel’s contribution of Rs. 212.52 cr made to Compensatory Afforestation Fund to be treated as Revenue expenditure:Bombay High Court reiterates

The Court held that contribution to Compensatory Afforestation Fund will be considered as revenue expenditure and not capital in nature

Case Briefs High Courts

Whether accused under custody in one case can seek anticipatory bail for another case? Orissa HC answers

“The investigating agency, if it feels necessary for the purpose of interrogation, can seek remand of the accused whilst he is in custody in connection with the previous case and if such order granting remand is passed, it would no longer be open to the accused to seek anticipatory bail, but he can seek regular bail.”

Case Briefs High Courts

Chhattisgarh HC registers suo motu PIL based on news report highlighting lack of sufficient staff and experts at Cyber Police Stations

The Court opined that it is highly disturbing and a matter of great concern that the people are being misled, allured and deceived by the persons using digital technology and electronic devices which come under the category of cybercrime.

Case Briefs High Courts

Delhi High Court rules on Hindu woman’s right over life estate of deceased husband as per his will

“In the case of Hindu women, who may not have their own income, receiving a life estate given to them by their husbands who may predecease them is an essential safeguard for their financial security during their lifetime.”

Case Briefs High Courts

Tragic death of 8-year-old prompts Allahabad High Court to take suo motu cognizance of open manholes and ducts around Lucknow

Allahabad High Court: In a suo motu cognizance of the issue of open manholes and ducts within the municipal limits of Lucknow,

Case Briefs High Courts

2022 Khargone communal riots incitement| MP High Court directs SHO to consider Congress Spokesperson Aminul Khan Suri’s complaint against BJP’s Kailash Vijayvargiya

The petitioner alleged that the BJP Minister Kailash Vijayvargiya shared a false video on X (Twitter) to incite the communal riots which erupted in Khargone during the Ram Navami in April 2022.

Case Briefs High Courts

Habeas Corpus writ for grant of visitation rights is not maintainable where matrimonial disputes between parties pending before Family Court: Allahabad HC

“The writ of habeas corpus is a prerogative writ, an extraordinary remedy, evolved under the common law and incorporated in our constitutional law, having the objective to protect and safeguard individual liberty.”

Case Briefs High Courts

‘Compensation fixed as token’; Patna HC directs two Judicial Officers to pay Rs 100 each to a man for subjecting him to trial u/s 498-A IPC not maintainable against him

The amount of compensation is fixed as a token to remind the Judicial Officers that before taking cognizance and during judicial inquiry and trial, it is the bounden and obligatory duty to go through the complaint carefully and then take cognizance.

Case Briefs High Courts

Bombay HC dismisses challenge to Maharashtra Administrative Tribunal’s 2013 order confirming suspension of a Sales Tax clerk on ground of unjustified delay

The Court was of the view there was no justification in approaching the Court to challenge the order of 2013 after a period of 5 years.

Case Briefs High Courts

Appointment of an Arbitrator from a narrow panel is violative of S. 12(5) of Arbitration Act: Bombay High Court

The vesting of the power for the confirmation of the nomination of arbitrators in the General Manager of the employer, runs contrary to the principle of impartiality and independence of the arbitration process.

Case Briefs High Courts

[Cash for Job Scam] Calcutta HC invalidates 24000 appointments secured through WB-SSC 2016 for State Fund Misappropriation for Illicit Employment

“Documents placed on record suggest that the State Government, at the level of the Cabinet had approved creation of the supernumerary posts to accommodate the persons who had received employment illegally in the selection process”

Case Briefs High Courts

Prescribing specific raaga/ tune for singing the State Anthem in qualified spaces, is not an arbitrary action by the State Govt: Karnataka HC

‘Jaya Bharata Jananiya Tanujate’ was penned by Kaviratna Kuppalli Venkatappa Puttappa ‘Kuvempu’, in 1930, which was adopted as State Anthem by the Government of Karnataka on 29-12-2003.