High Courts Archives

‘Disclose how setting up liquor vend can be permitted under mixed-use policy of MPD 2021’; Delhi HC stays opening of liquor vend in a plea by Resident Welfare Association

“By virtue of Para 15.6.2(e) of the Master Plan of Delhi, 2021 (‘MPD 2021’), the opening of a liquor shop in a residential premise under the mixed-use policy of the MPD 2021 is expressly prohibited.”

Case Briefs High Courts

Section 10(10-AA) of Income Tax Act 1961 differentiating tax on leave encashment between State and Central Government employees, not violative of Article 14: Patna High Court

“If there is equality and uniformity in each group, the law will not become discriminatory, though due to some fortuitous circumstance arising out of peculiar situation, some included in a class get an advantage over others so long as they are not singled out for special treatment.”

Case Briefs High Courts

Dismissal of married daughter’s candidacy for compassionate appointment is arbitrary and violative of Constitution: Orissa HC reiterates

The policy of the State Government which disqualifies a ‘married’ daughter and excludes her from consideration for compassionate appointment, apart from being arbitrary and discriminating, is a retrograde step.

Case Briefs High Courts

Telangana HC upholds validity of S.38(2) of RPA which provides for preferential treatment to candidates of political party over other independent candidates

“Section 38(2) of the Representation of the People Act, 1951, does not treat the equals as unequals, as the candidates belonging to recognized political parties, registered political parties and independent political parties stand on a different footing.”

Case Briefs High Courts

Delhi High Court dismisses Mahua Moitra’s defamation suit against MP Nishikant Dubey and Jai Dehadrai in Cash-for-Query Case

A defamation suit was filed by Mahua Moitra, a leader of the Trinamool Congress (TMC) against Bharatiya Janata Party (BJP) MP Nishikant Dubey and Advocate Jai Anant Dehadrai seeking to restrain them from making defamatory statements against her regarding accepting bribes in exchange for raising questions in Parliament and sharing her parliamentary account login credentials.

Case Briefs High Courts

[Investment Scam] Delhi HC directs removing of accounts impersonating Akshay Tanna, head at KKR Advisors, on social media to deceive public

“The unknown operators of the profiles and groups are not associated with Akshay Tanna or KKR Advisors India (P) Ltd. and have not been authorized in any manner to offer financial trading and investment related advice on their behalf.”

Case Briefs High Courts

“Taking care of children is not taking care of mere existence”; Karnataka HC declares wife to be entitled to maintenance of Rs 36,000 per month instead of Rs 18,000

The High Court opined that taking care of children is shrouded by countless responsibilities and necessary expenditure from time to time and the husband cannot preposterously contend that the wife is lazing around and not earning money to take care of the children.

Case Briefs High Courts

Refusal to grant extension without valid reasons constitutes colorable exercise of power: Calcutta High Court

Calcutta High Court opined that an appeal is no substitute for revisiting of an ex parte order, especially when the defense of the petitioner is not on record.

Case Briefs High Courts

YouTuber Dhruv Rathee proposes to blur Dabur’s Real Juice packet in Video; Calcutta HC agrees for exploring amicable settlement

Dhruv Rathee uploaded a video on his YouTube channel claiming that the consumption of packaged fruit juices leads to type II diabetes and that drinking packaged fruit juices leads to hair loss and is harmful if consumed.

Case Briefs High Courts

Calcutta High Court affirms rejection of Section 125 CrPC maintenance claim in absence of prima facie proof of marriage

The Calcutta High Court stated that the documents presented by the petitioner which mention her as wife are mere declarations, subject to proof, if challenged.

Case Briefs High Courts

Delhi High Court upholds GNCTD’s jurisdiction over UCMSB-Guru Teg Bahadur Hospital administration

Delhi High Court affirmed the Government of National Capital Territory of Delhi’s (GNCTD) authority over the administration of the UCMSB-GTB Hospital. The ruling solidifies the GNCTD’s jurisdiction in healthcare governance, setting a significant precedent for future administrative matters in the capital region.

Case Briefs High Courts

Delhi High Court rules eviction of son and daughter-in-Law; Directs son to pay Rs. 10,000 monthly maintenance under Senior Citizen Act

Rule 22(3)(1) of the Delhi Senior Citizens Rules outlines a procedure for eviction from a senior citizen’s property and sub-rule (iv) allows the authority to conduct summary proceedings and order eviction of a son, daughter, or legal heir for non-maintenance and ill-treatment.

Case Briefs High Courts

Delhi High Court grants interim injunction to TiE Inc for its mark ‘TIE’/ ‘TiE Global’/ ‘THE INDUS ENTREPRENEUR’

“Balance of convenience lies in favour of plaintiff, and they are likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”

Case Briefs High Courts

‘Pardanashin Woman is not religious but legal concept’; Delhi High Court upholds police authority and women’s dignity beyond veil

In a landmark ruling, the Delhi High Court unequivocally dismissed the antiquated notion of ‘pardanashin,’ affirming that a woman’s dignity transcends cultural stereotypes like the veil. Upholding fundamental rights, the court emphasized that dignity is intrinsic to every individual, irrespective of religious practices.

Case Briefs High Courts

‘Issuance of Rule Nisi and posting bail applications after weeks without adverting to merits be curbed immediately’; Directions in Satender Kumar Antil to be followed: Gujarat HC

“The bail applications should be disposed of within two weeks and applications for anticipatory bail are to be disposed of within six weeks”.

Case Briefs High Courts

Delhi High Court dismisses petition challenging normalization process adopted by NTA in JEE (Main) Exam

“To iron out the discrepancy which arises as a result of the unavoidable possibility of different papers being of different difficulty levels that the process of normalization is adopted. Individual discomfitures are inevitable in such a process and cannot afford a basis to unseat the entire examination.”

Case Briefs High Courts

Dishonest official deserves no sympathy and leniency; Rajasthan HC upholds suspension order of Sarpanch who was caught red-handed accepting bribe

“In the cases in which an office bearer or an officer is caught red handed and is being proceeded under Prevention of Corruption Act, 1988, there is no scope of taking a lenient view.”

Case Briefs High Courts

Calcutta High Court affirms Canara Bank’s obligation to reimburse Municipal Taxes and Surcharges as per consent decree

Calcutta High Court acknowledged the lack of evidence regarding the actual amount paid by the decree-holder to the Kolkata Municipal Corporation on behalf of the bank and directed the decree-holder to provide evidence of payments to KMC.

Case Briefs High Courts

Delhi HC sets aside CIC order allowing disclosure of exemption sought by Shri Ram Janmabhoomi Teerth Kshetra for its donations

“The information pertaining to an assessee cannot be granted under the Right to Information Act, 2005 in view of Section 138(1)(b) of the Income Tax Act, 1961.”

Case Briefs High Courts

‘No obligation to disclose juvenile offences in employment cases’; Delhi High Court sets aside memo for non-disclosure under JJ Act

Delhi High Court highlighted the commitment to upholding the principles of juvenile justice and protecting individuals from undue repercussions for offenses committed during their minority.