High Courts Archives

Long term capital gains exempted from income tax; non-disclosure will not cause prejudice to interest of revenue or loss of revenue: Gauhati HC

The twin conditions, i.e., firstly, the order being erroneous and secondly, the order being prejudicial to the interest of revenue, must exist before power under Section 263 of the Income Tax Act, 1961 is exercised.

Case Briefs High Courts

‘Accounts declared as fraud without adhering to principles of audi alteram partem’; Punjab and Haryana HC quashes FIR against borrowers

Respondents submitted that no opportunity of personal hearing was required to be assigned to the aggrieved, before the FIR was filed and registered.

Case Briefs High Courts

Meghalaya HC directs for special interviews or examination to regularise services of 11 as Lady supervisors in Social Welfare Department

“The lady supervisors had served temporarily in the service for over fourteen years and with long years of service and experience, they had a legitimate expectation to be regularized or given an opportunity to secure their positions.”

Case Briefs High Courts

‘Lord Shiva does not need our protection’; Delhi High Court dismisses petition against demolition of Pracheen Shiv Mandir

“Lord Shiva does not need our protection; rather, we, the people, seek his protection and blessings. There could be no iota of doubt that Lord Shiva would be happier if the Yamuna Riverbed and the flood plains areas are cleared of all encroachments and unauthorized construction.”

Case Briefs High Courts

Special Marriage Act allows inter-religious marriages but does not override personal law prohibitions; MP High Court refuses protection to inter-religious couple

“It is not the case of petitioners that in case if marriage is not performed, then they are still interested to live in live-in relationship. It is also not the case of petitioners that petitioner No.1 would accept Muslim religion.”

Case Briefs High Courts

Grave injustice in blindly transferring cases without bias evaluation; Delhi High Court issues guidelines to deal Transfer Applications

The Delhi High Court set aside the impugned order transferring a case based on allegations that the judge was biased.

Case Briefs High Courts

Bombay High Court permits sale and consumption of liquor in Mumbai after declaration of Lok Sabha Election results

The petition sought the extension of an earlier order passed by another Division Bench in Navi Mumbai Hotel Owners Association v. Collector, regarding the cessation of restrictions on the sale, distribution and consumption of liquor in respect of Raigad District.

Case Briefs High Courts

“Financial affluence of landlord has no bearing on the proceedings under Section 14(1)(e) of Delhi Rent Control Act, 1958”; Delhi HC upholds Additional Rent Controller’s order

The Delhi High Court opined that there is no law that states that requirement of a rich man must be presumed to be devoid of ‘bona fide’.

Case Briefs High Courts

Bombay HC upholds ‘peculiar’ procedure adopted by Shramasafalya Co-operative Housing Society to select a Developer for Juni Sherli Slum

The Court noted that the case was not about simultaneous proposals, and the respondents had followed the requisite procedure and the Departmental decision to reconduct voting by secret ballot was to ensure a fair selection.

Case Briefs High Courts

Allahabad High Court refuses bail to Maulvi accused of forcibly changing religion of mentally unsound minor

Allahabad High Court took note of the fact that the Maulvi is in jail only since February 2024

Case Briefs High Courts

‘Obligation to be extra cautions’; Punjab and Haryana HC denies anticipatory bail to clerk accused of demanding bribe to settle notice issued under PNDT Act

The Court opined that people in responsible positions, who, for their small monetary gains misuse such sensitive positions, not only betray the trust the system had reposed in them, but also fail the society by making their conduct highly unethical, immoral.

Case Briefs High Courts

Madras High Court appoints wife as guardian for person as well as properties of husband in coma; Allows her to sell property for his treatment

Madras High Court was satisfied that the family is without any means and that unless the property is allowed to be dealt with, great hardship will be caused to them.

Case Briefs High Courts

Property disputes not covered by Senior Citizens Act: Delhi HC emphasizes purpose of the Act is to ensure welfare of senior citizens

“A reading of the Act makes it clear that the forum under the Act do not have the jurisdiction to decide the title of the property and the purpose of the Act is maintenance of the senior citizen and to ensure their welfare. The question of title, therefore, cannot be decided by forums under the Senior Citizens Act”

Case Briefs High Courts

‘Save the Earth, Save the future’; Rajasthan High Court takes suo motu cognizance of extreme heatwave

“The Government and individuals must come together to save the Earth. Let the people make aware of the consequences of not saving the Earth … If all this collective effort starts happening, we can surely save our planet Earth and make brighter Earth for our future generations.”

Case Briefs High Courts

‘Affection of both parents a basic human right for growing child’: Kerala HC refuses to interfere with Family Court’s order granting visitation rights to father

“While considering the claim for custody of a minor child, unless very serious, proven conduct should make one of them unworthy to claim for custody of the child concerned, the question can and shall be decided solely by looking into the question as to, ‘what would be the best interest of the child concerned.”

Case Briefs High Courts

Whether collector acting as quasi-judicial authority possess any power to recall/review order passed under S. 47-A of Stamp Act? Allahabad HC answers

“A quasi-judicial authority is limited in its functionality in as much as it has to act within the four corners of the statute from which it derives its authority. If the statute does not provide for a particular act, the same cannot be undertaken by that authority.”

Case Briefs High Courts

‘Absolute abuse of process of law’; Delhi HC rejects plea challenging the appointment of Delhi Waqf Board’s Administrator

The Court noted that, other than stating the actions of respondent 2 are bad, no reason had been given by the petitioner on why he lacks the qualification to be appointed as an Administrator of the Waqf Board.

Case Briefs High Courts

[Rinima Begum Murder Case] ‘Order suffered from serious infirmities resulting in miscarriage of justice’; Gauhati HC cancels bail granted to two men

The Court stated that the order granting bail is passed in contravention to the well-established jurisprudence of bail, as Respondents 2 and 3, who were involved in heinous crimes, their release will result in weakening of prosecution case and will also have an adverse impact on the society.

Case Briefs High Courts

“Within 30 days’’ starts from date when result is announced by returning officer: Allahabad HC clarifies law related to limitation for election petition

“Election law should be interpreted strictly, particularly, with regard to the prescribed period of limitation for the purposes of entertaining the election petition inasmuch as there is no provision qua applicability of the Limitation Act.”

Case Briefs High Courts

‘Section 15(1) of Hindu Succession Act an anomaly in legislation that requires rectification’; Delhi HC denies widowed daughter-in-law a share in mother-in-law’s property

The Delhi High Court said that this case is demonstrative of how S. 15(1) of the Hindu Succession Act, 1956 works against a woman.