High Courts Archives

Which judgment is binding when coordinate benches of Court have conflicting decisions? Allahabad HC answers

“When a Coordinate Bench issues a judgment on a particular legal issue, that judgment becomes binding precedent for subsequent cases involving a similar issue before another Coordinate Bench”

Case Briefs High Courts

Delhi High Court orders SpiceJet to return all aircrafts along with engines to TWC

“If the engines are not returned and properly serviced, TWC Aviation Capital Ltd. would suffer irreparable harm, as this could cause irreversible damage to the engines.”

Case Briefs High Courts

‘Utterances made in moment of anger cannot be deemed as instigation’; Punjab and Haryana HC set aside conviction and sentence of wife convicted for abetment of suicide

The Court opined that is important to acknowledge that individuals vary in their sensitivity and temperament. It is not solely the feelings of the deceased that would matter, but most importantly, the intention behind the act of the accused would also have to be discerned.

Case Briefs High Courts

[Right to Education] Delhi High Court grants provisional admission to a Disadvantaged Group Category Student

The petitioner’s daughter is a child belonging to DG in the SC category within the meaning of Section 2(e) of the Right of Children to Free and Compulsory Education Act, 2009 (“the RTE Act”) and is, therefore, entitled to free, compulsory and elementary education till its completion under Section 12(c) of the RTE Act.

Case Briefs High Courts

Allahabad HC allows practice of Electro Homeopathy, but practitioners cannot use ‘Doctor’ prefix

“Although no institution can confer a diploma or degree in Electro Homeopathy, however, as there is no ban, the petitioners can always practice Electro Homeopathy as an alternative therapy within the parameters of order passed by the Union.”

Case Briefs High Courts

Gauhati High Court directs State to reconsider experience as homeguards/ Special Police Officers for constables recruitment under Assam Industrial Security Force

The High Court directed the State to follow a uniform marks allocation process for the appointment of constables under AISF and reconsider the case of candidates having prior experience as home guards and SPOs.

Case Briefs High Courts

Delhi High Court dismisses PIL seeking to direct medical professionals to inform patients about side effects of a drug

Delhi High Court stated that since the legislature in its wisdom has elected to impose this duty on the manufacturer and the pharmacist, we do not find any ground for issuing a direction as prayed for in this PIL as it would amount to judicial legislation.

Case Briefs High Courts

Mental cruelty can continue even after leaving matrimonial house and while residing at parental home: MP High Court

MP High Court asserted that while physical cruelty ceased after leaving the matrimonial house, the psychological impact of separation and the trauma induced by dowry demands persisted.

Case Briefs High Courts

Man convicted of murdering a government employee, set free by Sikkim HC due to gaps in circumstantial evidence

The Court said that the prosecution evidence must establish that the accused was the perpetrator of the offence and no one else.

Case Briefs High Courts

Madras HC directs for exhumation and re-postmortem of deceased after wife alleges death by custodial torture

Madras High Court viewed that the suspicion of the petitioner that her husband died of custodial torture is reasonable and cannot be brushed aside easily.

Case Briefs High Courts

ITAT, Delhi quashes reassessment made on basis of notice issued u/s 148 of Income Tax Act by non-jurisdictional Assessing Officer which led to addition of 12.5 lakhs

“The reassessment notice was issued by ITO, Ward 69(1), New Delhi, under Section 148 and lacked jurisdiction as the jurisdiction was with ITO, Ward 4(1), Gurgaon. Hence, the subsequent assessment completed by ITO, Ward 4(1), Gurgaon, based on this notice was legally flawed.”

Case Briefs High Courts

Delhi High Court dismisses petition seeking issuance of guidelines for putting cap on airfares

“The aviation sector being a capital-intensive sector, the regulated free play given to the airlines to implement dynamic pricing of the fares for each flight appears to be in conformity with the norms followed worldwide and appears to be essential growth of the said sector.”

Case Briefs High Courts

When can an order under Section 125 CrPC be modified or recalled? Allahabad High Court clarifies

“It is clear that Section-125 CrPC is social justice legislation which orders for the maintenance of wives, children and parents and the legislature has provided in Sections-125(5) CrPC., 126 CrPC as well as Section-127 CrPC, certain conditions on fulfilling of which, order passed u/s 125 CrPC can be recalled or modified”

Case Briefs High Courts

‘Child born could be a reminder of trauma and agony’; Punjab and Haryana HC allows termination of woman’s pregnancy who was sexually assaulted by her husband

“Such decisions are tough, however, life is not just about being able to breathe rather it is about being able to live with dignity. Where the denial of dignity and social as well as family acceptance or approval ‘is a writing’ on the wall, it compounds agony of the child and leads to greater injustice.”

Case Briefs High Courts

[Juvenile Justice Act] POCSO convict set free after Sikkim HC finds him to be a minor at the time of offence

The Court found that all the documentary evidence proved his DOB. The Court, however, upheld the conviction under POCSO and given the convicts minority, he was set at liberty having already served 3 years of his sentence.

Case Briefs High Courts

Delhi High Court enhances compensation to Rs. 30,00,000/- for families of deceased sanitation workers

“It would be a travesty if the entitlement of the family members of the deceased scavenging workers is confined to Rs.10,00,000. The same would defeat the directions of the Supreme Court to enhance the compensation to Rs. 30,00,000/- on the basis that the previously fixed compensation of Rs.10,00,000/- was fixed far back in 1993 and was not an adequate compensation.”

Case Briefs High Courts

[S. 5(4) Citizenship Act] Delhi High Court directs Centre to grant citizenship to minor born in India to OCI Holder parents

The present case is one where there are special circumstances, for the Central Government to use the enabling powers, as contemplated under Section 5(4) for favorably considering grant of citizenship to the Petitioner.

Case Briefs High Courts

Obligation to stay proceedings in contingencies spoken of in S.124(1) of the Trade Marks Act does not stand obviated consequent to abolition of IPAB: Delhi High Court

Notwithstanding the abolition of IPAB and the power of rectification reverting to the High Court, a Trial Judge would have to stay in its hands once it is apprised of pendency of a rectification.

Case Briefs High Courts

Delhi High Court sets aside arbitral award due to violation of S. 12(5) Arbitration Act

“It is well settled principle that unilateral appointment of Arbitrator is not permissible under the law”

Case Briefs High Courts

Threat to falsely implicate in rape and eve-teasing case amounts to abetment to suicide: MP High Court

MP High Court opined that continuous threat of false implication can demean and destroy an individual’s self-esteem and career, significantly contributing to psychological distress and potentially leading to suicide.