High Courts Archives

Allahabad HC grants bail to man having love affair with the deceased on absence of ingredients of abetment to suicide

This is one of the cases where the youth in this country are spoiling their lives due to lure of free relationship with the member of the opposite sex aping western culture and not finding any real soulmate in the end.

Case Briefs High Courts

Can a married daughter apply for compassionate appointment in State Government Jobs? Allahabad High Court answers

Allahabad high Court said that there is no plausible reason why the proposal made by the Institutional Service Board for striking down the word ‘unmarried’ occurring in Regulation 104 of Regulations 1975 could be turned down by the State Government.

Case Briefs High Courts

Delhi High Court | An eviction order is well within the power of District Magistrate under Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016

Rule 22 (2) & (3) of Delhi Maintenance and Welfare of Parents and Senior Citizens (Amendment) Rules, 2016 gives powers to the District Magistrate to pass an Order of eviction in case it is found that the senior citizens are being ill-treated and are not being maintained by their children.

Case Briefs High Courts

Chairman and Vice-Chairman of Central Administrative Tribunal entitled to same retirement benefits as available to High Court Judges: Allahabad High Court

The benefit of Domestic Help Allowance is a retirement benefit and hence it will be included in the expression ‘pension’ as occurring in Section 2(gg) of High Court Judges (Conditions of Service) Act 1954.

Case Briefs High Courts

[Group of Companies Doctrine] Can non-signatories to an arbitration agreement be impleaded as a ‘party’ by the Arbitral Tribunal? Delhi High Court clarifies

An Arbitral Tribunal cannot arrogate to itself powers that are neither conferred by the statute, or the rules which govern the arbitration, nor can it take recourse to inherent powers, which as has been found hereinabove, are acknowledged to inhere in courts and judicial authorities only.

Case Briefs High Courts

Delhi High Court directs National Rare Diseases Committee to explore possibility of procuring medication for Spinal Muscular Atrophy at affordable price

“Effective deliberations between companies and National Rare Diseases Committee and also a positive response from the Companies will have substantial impact on lives of children who are suffering from rare diseases.”

Case Briefs High Courts

S.439(2) confers power only on High Court or Court of Session to cancel bail granted under S. 436 of Cr.PC: Orissa HC

When it comes to the curtailment of the liberty of a person, it becomes incumbent for the Court to follow the principles of natural justice by giving the opportunity of hearing to the accused

Case Briefs High Courts

Motor Vehicle Accident Claim | Bombay HC upholds consideration of IT return for Financial Year before death for calculating deceased’s income

New India Assurance Company argued that IT returns of 2014-15 could not be considered because it was filed after the deceased’s death, while the Court regarded the same as a ‘misconceived interpretation’.

Case Briefs High Courts

Explained | Madras High Court verdict in a corruption case against police officials

Corruption is a disease that eats into the cultural, political and economic fabric of society, and destroys the functioning of vital organ

Case Briefs High Courts

‘Telephonic conversations for brief period cannot be construed as hearing’; Delhi High Court sets aside order passed in violation of S. 75 of CGST Act

“The opportunity of hearing, which the Officer is statutorily required to give to the person against whom an adverse decision is contemplated, is not an empty formality, and is a well-recognised principle of audi alteram partem, which has rightly been incorporated in Section 75(3) and 75(4) of the CGST Act.”

Case Briefs High Courts

Inability to bear a child is neither impotence nor a ground for dissolving marriage: Patna High Court

“Developing any disease during the continuation of marriage is not within the control of any spouse. In such a situation, the other spouse has a marital duty to co-operate and bear with it and help the other spouse.”

Case Briefs High Courts

‘Prosecution has a duty to explain delay in producing contraband and its condition’: Kerala High Court acquits convict under Abkari Act

Kerala High Court viewed that the conviction and sentence passed by the lower courts suffered from illegality and could not be sustained.

Case Briefs High Courts

‘Personal guarantor’s claim of getting right to be heard at belated stage not sufficient’; Delhi High Court dismisses petition, leaves matter open for NCLT

“If in the present case, the petition is entertained, it will eventually subvert the procedure laid down under the Insolvency and Bankruptcy Code, 2016 and the respondent in return will be denied the opportunity to present their case before the concerned NCLT.”

Case Briefs High Courts

Whether SEBI in exercise of powers under SEBI Act can prevent a bank from proceeding under SARFAESI Act, 2002? Delhi High Court analyses

SEBI is possessed with powers under the SEBI Act, 1992 to direct the petitioner bank in specific, and banks in general, regardless of them being registered with SEBI.

Case Briefs High Courts

[Persons with Disabilities] ‘Struggling to be heard’; Delhi High Court requests ASG to represent Centre for effective adjudication of matter

“This Court is saddened to see such a sorry state of affairs, where members of the petitioner Society, being persons with disabilities and, over and above everything else, being citizens of this Country having an order in their favour passed by a Statutory Authority in 2019, are being compelled to move pillar to post seeking implementation of their rights.”

Case Briefs High Courts

Complaint under S. 498-A, IPC filed by the second wife against the husband and in-laws cannot be maintainable: Karnataka High Court

The Court pointed out that ‘woman’ as per S. 498-A, IPC means and includes a legally wedded wife.

Case Briefs High Courts

Power to seal cannot be exercised unless expressly conferred by law: Bombay High Court

Bombay High Court expressed that sealing of premises is a drastic action which leads to tinkering with the substantive right to hold, use or occupy immovable property.

Case Briefs High Courts

WB Teacher Recruitment Scam| Calcutta High Court refers TMC leader Abhishek Banerjee’s plea against CBI-ED probe to the Chief Justice after ED’s objection

The ED raised preliminary objection for this Court to hear out the matter as per the Supreme Court’s order dated 28-04-2023 and the Assignment order dated 01-05-2023.

Case Briefs High Courts

PayPal is a ‘payment system operator’ under PMLA; Delhi High Court quashes monetary penalty imposed by Financial Intelligence Unit, India

All the elements of the transaction comprised or connected with a payment being effected between two parties would appear to fall within the scope of the expression ‘payment system’ as defined under Section 2(1)(rb) of the PMLA.

Case Briefs High Courts

Police SI Recruitment Exam| “No leniency with bail petitions of cyber-thugs”: Punjab and Haryana High Court

“If this scam had not come to light, so many corrupt and unethical people would have got appointed to the sensitive post of Sub Inspector by giving money.”