High Courts Archives

‘Transgender is a gender identity; State should not have treated transgender as caste under MBC category’; Madras HC directs State to provide horizontal reservation to transgenders

“Once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated based on gender identity, should also be entitled to similar reservation.”

Case Briefs High Courts

Retirement benefits a Constitutional and fundamental right of an employee with no legal impediment: Jharkhand High Court

The Court stated that the respondent took filmsy stand which was not acceptable and this was another glaring example of delay and laches on the respondents’ part for not extending the retirement benefits.

Case Briefs High Courts

Can a writ of habeas corpus be issued in matters of child custody? Allahabad HC explains

“In child custody matters, the remedy ordinarily lies under the statutory law, or the personal law, as applicable in the facts of the case; however, in cases which justify the exercise of the extraordinary discretionary jurisdiction under Article 226, a writ of habeas corpus would be issued where it is demonstrated that the detention of minor child, is illegal or without any authority of law.”

Case Briefs High Courts

Allahabad High Court Requests State Government to frame Insurance scheme for State Law Officers practicing in UP

Allahabad HC allowed the petitioner to raise the other issues before the Development Authority or the Nagar Nigam, as they would not be considered any further in these proceedings

Case Briefs High Courts

Husband deserting his wife, bound to maintain her and his minor children irrespective of his financial status: Karnataka HC

In the instant case, the Court noted that in current times of rising inflation and increase in cost of living, not only must the wife sustain herself and the minor daughter’s life, but she also has to contest the ongoing litigation before the Family Court.

Case Briefs High Courts

Delhi High Court quashes reassessment proceedings against Progress Rail Locomotives

The Court evaluated Art. 5 of India-USA Double Tax Avoidance Agreement to determine whether Progress Rail has Permanent Establishment in Noida and Varanasi and whether reassessment proceeding can be initiated upon them or not.

Case Briefs High Courts

Delhi High Court grants injunction against rogue websites peddling false articles on Anant Ambani Interview with CNBC-TV18

The article on the websites describes a fake/made-up interview from the actual Interview of Mr. Ambani with Mr. Anand Narasimhan, a senior anchor and Managing Editor at CNN-News18 uploaded on Network 18 Media and Investments Limited, Youtube Channel.

Case Briefs High Courts

‘Every possibility for prudent man to lose temper on seeing wife with another man’: Meghalaya HC modifies husband’s conviction u/s 302 for killing wife’s ex-husband

“On noticing the presence of the ex-husband (deceased) in his house, the husband caused the death of the deceased in order to safeguard his right over person (wife) without any premeditation or intention. The case fell within the ambit of Exception 2 to Section 300 of the IPC on the ground of it being unintentional and consequently, it is culpable homicide not amounting to murder.”

Case Briefs High Courts

What is the extent of powers of amendment of pleadings in proceedings under Domestic Violence Act? Allahabad HC answers

Allahabad HC said that Magistrate dealing with an application under Section 12 is not called upon to act for the commission of an offence; hence what is contemplated is not a complaint but an application to a Magistrate as set out in Rule 6(1) of the D.V. Rules.

Case Briefs High Courts

Punjab and Haryana HC denies interim bail to cybercrime accused possessing thirty-five SIM cards; suggests measures to mitigate cybercrime

The Court stated that as the executive has largely been unsuccessful in curbing the escalating threat of cybercrime, one potential solution could involve limiting the maximum number of prepaid SIM cards per individual as cybercrime predominantly takes place through prepaid SIM cards.

Case Briefs High Courts

Limitation period for Government Applications governed by Art. 114(a) of Limitation Act, not Section 378 CrPC; Sikkim HC clarifies

The Court was of the view that both, the applicant in viewing the requirement of filing the appeal within six months as per S. 378(5) CrPC; and the respondents contending that the appeal should have been filed within sixty days as per S. 378(5), were equally incorrect.

Case Briefs High Courts

Central Council of Homeopathy is ‘Industry’ as per Industrial Dispute Act: Delhi HC upholds reinstatement of compulsorily retired workman

The Delhi High Court said that Section 33-A is a special provision which aims to adjudicate as to whether conditions of a service, etc. have been changed during the pendency of proceedings before an Industrial Tribunal.

Case Briefs High Courts

MP High Court criticises Indian Army’s behavior towards missing soldier’s family; calls for reforms of worn-out pension rules

“Instead of helping the family of the missing solider, the Indian Army expects them to get the date of his civil death declared through civil Court, and they are denied to release the pension and other retirement allowances of the missing solider.”

Case Briefs High Courts

Kerala HC directs the State to implement measures for effective waste disposal across Kochi

“Reports indicate that the waste removed from the drains in Kochi are stocked and accumulated on the side of the drains itself, without its further removal. The Kochi Corporation shall file a report regarding the steps taken to clear such waste from the sides and the persons responsible for carrying out the work.”

Case Briefs High Courts

‘Process might not complete within fixed timeline’; Delhi HC dispenses with the direction to capture biometric of advocates/registered clerks for issuance of proximity/identity cards

The timeline was stipulated by the Delhi High Court in a previous judgment for the issuance of identity cards to the law researchers being treated as bona fide advocates.

Case Briefs High Courts

Corruption in MNREGA | MP High Court issues notice to Collector for not taking action after investigation

Commissioner of the MP Rajya Rojgar Guarantee Commission confirmed the corruption allegations after investigation and submitted a report instructing the Collector to act.

Case Briefs High Courts

“Allowing private shrines on public land will be disastrous”; Delhi High Court dismisses petition to demarcate alleged Shrine Land on Yamuna Floodplain

The Delhi High Court said if each Sadhu, Baba, and Guru is allowed to build a shrine on public land and thereby, continue to use it for personal gains, it would lead to disastrous consequences jeopardizing larger public interest.

Case Briefs High Courts

‘Annoyance to others’ a prerequisite to invoke offence under Section 294 of IPC; Allahabad HC quashes criminal case

The issue of “obscenity or indecency per se” will not arise until or unless there is evidence on record to see that a person at a given time witnessing particular obscene act is actually annoyed or not.

Case Briefs High Courts

Bail in NDPS | Orissa High Court grants bail to accused possessing 22 kgs Ganja for being a first-time offender

“The Court noted the progress in the investigation and directed to release the accuse. However, it was clarified the order shall not be implemented if it is discovered that the accused has any criminal antecedents.”

Case Briefs High Courts

‘Criminal justice not one-sided, balance b/w conflicting rights & duties must be drawn’; Orissa HC permits recall of witness at stage of death reference

The Court permitted to put the questions mentioned in the questionnaire to the informant in the cross-examination. Regarding the evidentiary value of the same, the Court added that it will be decided during hearing of the criminal appeal and the application for confirmation of sentence.