High Courts Archives

Delhi High Court issues directions in relation to guidelines for inspections by Child Safety Monitoring Committee

“The Chairperson as head of the Committee will decide which school is to be inspected on a particular day and an intimation in advance will be given to the members. If the member/s does not remain present at inspection time, the inspection shall be made in their absence by the Chairperson.”

Case Briefs High Courts

J&K and Ladakh HC quashes detention order over snapped live link to illicit activities and vague Daily Diary Reports

The High Court reiterated precedents highlighting that the detaining authority must not make undue and long delay between the prejudicial activities and the passing of detention order, and that Daily Diary Reports must not be vague and bereft of necessary details.

Case Briefs High Courts

Whether bar on review of decision by any Court under S.17 of UP Lokayukta and Up-Lokayuktas Act applies to High Court? Allahabad HC answers

Allahabad High Court opined that the reasoning of the order dated 05-11-2019, that there is no ‘cutting’ or ‘overwriting’ in the petitioner’s service book, does not close all avenues of inquiry.

Case Briefs High Courts

Delhi High Court directs Chief Secretary of Government of Delhi to undertake security, social audit of all Shelter Homes

“Ensure that the Shelter Homes established by Delhi Urban Shelter Improvement Board are occupied by persons who are eligible to occupy the same and not by any other persons.”

Case Briefs High Courts

Allahabad HC asks UP Bar Council to issue guidelines, restraining Advocates from wearing uniforms outside Court premises

Allahabad High Court directed the opposite party no. 4 to inform the Bar Council of U.P. about several cases being filed, alleging Advocates in uniform going to intervene in private property dispute and assisting land mafia in grabbing property of citizens.

Case Briefs High Courts

‘Compassionate appointment not vested/hereditary right’, Calcutta High Court upholds rejection of compassionate appointment

Calcutta High Court denied the compassionate appointment due to the lack of credibility and failure to establish financial dependency.

Case Briefs High Courts

Delhi High Court directs Government of Delhi to finalise proposal for establishment of specialised training academy for public prosecutors

“The newly appointed Public Prosecutors have been provided with adequate training at the Delhi Judicial Academy; and that a proposal for a specialized academy is pending consideration with the Government of Delhi.”

Case Briefs High Courts

TN Online Gaming Act applies only to games of chance and not games of skill : Madras High Court

The impugned Act can only apply to games of chance and not games of skill. Hence, the Act in its entirety, need not be held to be ultra vires

Case Briefs High Courts

Delhi High Court directs GNCTD to operationalise Online Single Window System portal for faster lawyer bill clearance

As submitted by IT Team of the Law Department, the OSWS software has a built-in timeline and the maximum time within which the memos can pass through each level of officials, on the said web portal is between 3 to 7 days and the overall timeline for clearing of the bill would, therefore, be no more than 20 to 25 days.

Case Briefs High Courts

Mother cannot be discriminated, as far as maternity leave is concerned; Rajasthan HC grants maternity leave to surrogate mother

“No civilization could have passed without recognizing the power of mother and often figuratively projected her as Goddess. A child born to a family sees the world first through the eyes of his or her mother and develops his or her skills through the vision of the family.”

Case Briefs High Courts

Delhi High Court allows appeal by Patanjali Ayurved against Meta Platforms Inc in a trademark suit; Directs Trial Court to decide matter afresh

The grievance of Patanjali Ayurved is that a video has been uploaded by respondent on the internet platforms owned by Meta Inc. having an advertisement of mens undergarments, wherein Patanjali’s trademark along with pictures of its brand ambassadors and directors are shown used unauthorizedly.

Case Briefs High Courts

Madras High Court grants relief to TNPSC aspirant who wrote “Jai Hind” while concluding her mains exam essay

“‘Jai hind’ or ‘victory to India’ is the most uttered slogan in India, whether it is at the end of the school prayers by children or at the end of a speech by eminent persons”

Case Briefs High Courts

Delhi High Court dismisses PIL seeking to formulate a policy for expeditious disposal of appeals within time limit under Section 250(6A) of IT Act 1961

As per an additional affidavit submitted, the CBDT has provided the way, in the past and future, pending appeals are to be dealt with and disposed of expeditiously as well as a road map to dispose of pending appeals.

Case Briefs High Courts

Delhi High Court directs Centre, MHRD, Government of Delhi to implement policies on ‘skill learning, vocational training’ for children with special needs in letter and spirit

“The implementation of the programme/policies lies with the respective State Governments in collaboration with the Union Ministries and as such the implementation of the policies is effectively in the domain of the Government of Delhi.”

Case Briefs High Courts

Dowry Death by Suicide| Subjecting a woman to a life akin to a slave merely because of her marital status is an egregious injustice: Delhi High Court

The case at hand presents a tragedy, wherein the continuous demands of dowry made by the appellant pushed the deceased into a despair so profound that she felt compelled to take her own life. This serves as a reminder of how the forces of greed can often eclipse the sanctity of human life and the bonds of matrimony.

Case Briefs High Courts

Conviction for committing sexual offences no ground for denying benefit of furlough to an otherwise eligible prisoner: Delhi High Court

“Ironically, the concerned SHO in his report on one hand mentions that the petitioner’s behaviour is satisfactory, but in the same breadth, also mentions that he can have adverse impact on law, order and security in the area, without assigning any reasons.”

Case Briefs High Courts

Delhi High Court dismisses plea challenging appointment of Dr. Ishwarappa as Director of Morarji Desai National Institute of Yoga

“Petitioner has not provided evidence of such a nature that will compel the Court to override the presumption of regularity or question the legitimacy of Dr. Ishwarappa’s tenure as a Director of Morarji Desai National Institute of Yoga.”

Case Briefs High Courts

[Illegal Coal Levy Scam] ‘Actively participated in extortion racket, managed illegal cash’: Chhattisgarh HC denies anticipatory bail to alleged mastermind’s brother

“It is revealed during the investigation by Enforcement Directorate that the applicant is the brother and a close associate of the mastermind behind the present illegal coal levy scam and, is having strong links with politicians and businessmen in Chhattisgarh.”

Case Briefs High Courts

To what extent can Court interfere with arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996? Calcutta High Court determines

Calcutta High Court used the analogy of a doctor removing a poisoned leg to prevent the spread of poison throughout the body to illustrate the concept of severability in arbitral awards.

Case Briefs High Courts

Delhi High Court| Claim for refund of CENVAT credit cannot be negated in the absence of self-assessed return being questioned, reviewed or re-assessed

Unless the self-assessed return, as submitted had been questioned, re-opened or re-assessed and the assertion of the petitioner of the services rendered by it qualifying as an “export of service” questioned or negatived in accordance with the procedure prescribed under the Act, its claim for refund could not have been negated.