High Courts Archives

Calcutta High Court directs Governor’s office to submit Affidavit-in-Opposition on West Bengal University Laws (Amendment) Bill, 2022’s status

The subject matter of the instant matter is a PIL concerning the West Bengal University Laws (Amendment) Bill, 2022 which was passed by the State legislature on 07-06-2022 and was sent to the Governor for assent, but the same is still pending.

Case Briefs High Courts

Limitation period to appeal against Family Court’s decree is thirty days, delay can be condoned if sufficient cause is shown: Delhi High Court clarifies

“Section 28 of the Hindu Marriage Act, 1955 and Section 19 of the Family Courts Act, 1984 operate in different spheres and apply to orders passed by different forums i.e., District Court and the Family Court respectively.”

Case Briefs High Courts

Delhi High Court| Fit case for adjudicating whether UPSC can be directed to release Answer Key for UPSC Prelims, 2023 before Final Results

In the instant case, since the candidates are merely asking for the disclosure of the answer key, the same stands on a different footing altogether than the recruitment in the context of Article 323A of the Constitution.

Case Briefs High Courts

Reserved category candidates can compete in unreserved category for PSC’s recruitment process based on merit, even after availing age and fee relaxation: Calcutta High Court

The instant matter involved a dispute over the preparation of a merit list for government posts in West Bengal, with a focus on the treatment of candidates from reserved categories who had availed age and fee relaxations.

Case Briefs High Courts

Calcutta High Court appoints Special Officer to determine Class X student enrolment status in St. Augustine’s Day School

The concerned school, despite being cautioned, continued to indulge in different kinds of irregularities resulting in discontinuation of the affiliation of the school.

Case Briefs High Courts

[Project NH-32] Delhi High Court upholds Award of Rs. 36 Crores to be paid by NHAI to Ashoka Buildcon Ltd

“It is essential that there be illegalities or deficiencies at the face of the Award which shocks the conscience of the Court for it to qualify to be set aside by an act of this Court while adjudicating upon a petition filed under Section 34 of the Arbitration and Conciliation Act, 1996.”

Case Briefs High Courts

‘Kerosene oil — Poor Man’s Fuel’; Calcutta High Court directs Central Government to establish policy for subsidised Kerosene oil prices for consumers

Calcutta High Court acknowledges the Central Government’s efforts to promote cleaner fuels but emphasizes the importance of ensuring that essential commodities like kerosene remain accessible to those who depend on them for their basic needs.

Case Briefs High Courts

State’s justification for refusing 13 Judicial Officers’ promotions after Punjab and Haryana HC pulled the authorities for ‘language’

“Keeping in view the controversy involved, the original record received be sealed and kept with the Registrar Judicial.”

Case Briefs High Courts

Divorced daughter is not a dependant u/s 21 of Hindu Adoption and Maintenance Act, 1956, thus not entitled to maintenance: Delhi High Court

“An unmarried or widowed daughter is recognized to have a claim in the estate of the deceased, but a ‘divorced daughter’ does not feature in the category of dependents entitled to maintenance.”

Case Briefs High Courts

Being brother of a militant, and lacking any ostensible activities disrupting public peace or security, cannot justify preventive detention: J&K and Ladakh HC

The live and proximate link between the past conduct of the detenue and the imperative need to detain, must be harmonised to rely upon the alleged illegal activities of the detenue.

Case Briefs High Courts

Delhi High Court deprecates children being used as an instrument in matrimonial disputes; Directs lawyer husband to do 10 pro bono cases

Delhi High Court mentioned that children born from the wedlock will be free to pursue their legal rights in accordance with the law. The parties have entered a settlement only regarding their rights and titles leaving open the the rights, titles, and interests of the children to pursue their legal remedies as per law.

Case Briefs High Courts

‘Highly qualified and has earning capacity’; Delhi High Court denies maintenance to a woman who did not disclose her true income

“Section 24 of the Hindu Marriage Act, 1955 is not meant to create an Army of idle people waiting for a dole to be awarded by the other spouse.”

Case Briefs High Courts

“Court cannot shut its eyes when it has been proven that employees were posted on basis of political pressure on employers”: Karnataka HC observes

“Any action of transfer based on political pressure brought by any employee for being posted to a particular place is not only required to be annulled, but such an employee cannot be granted the requested posting”.

Case Briefs High Courts

Trial Court rightly relied upon Aadhaar card to ascertain victim’s age u/s 94 of the JJ Act, 2015; Delhi High Court upholds discharge in POCSO case

“Wherever the dispute with respect to the age of a person arises in the context of her or him being a victim under the Protection of Children Against Sexual Offences Act, 2012, the courts have to take recourse to the steps indicated in Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015.”

Case Briefs High Courts

‘Trial Court’s conviction based on sheer morals’; Orissa HC acquits murder convicts in 20 years old case

“The crime committed may be cruel or ruthless but the evidence on record has to be evaluated dispassionately and objectively to see whether the accused is responsible for the said crime or he is innocent”.

Case Briefs High Courts

Financial status of a spouse is not the sole determining factor to consider custody of a child: Delhi High Court reiterates

“Since the age of two years, the son has been in the exclusive custody of his mother and has had minimal interaction with his father. Now, when he is 16 years of age and has expressed his independent preference of continuing in his mother’s custody.”

Case Briefs High Courts

Arbitrator’s fees to be treated as preferential payments even where CIRP proceedings are pending before NCLT: Madras High Court

Madras High Court said that if the Arbitrators are not paid their fees / costs on account of the moratorium order, the object of arbitration will get defeated, as competent Arbitrators will hesitate to become Arbitrators in a dispute involving Companies facing financial crisis.

Case Briefs High Courts

Purpose of cases is not to provide livelihood for lawyers or monthly disposal quota to Judges; Allahabad HC condemns lawyers’ strike

Allahabad High Court said that considering the ongoing strike of lawyers for the last several days, despite positive intervention made by this Court, simply passing over this case would add burden to this Court, and it would not be possible to cope up with the situation as the list of fresh cases is getting lengthy day-by-day.

Case Briefs High Courts

Delhi High Court exempts 75-year-old accused of sexual assault from physical appearance; Directs counsel to appear physically

The courts should strive to strike a balance between the rights of accused and the practicalities of the legal process. In cases, if the trial can proceed effectively with the accused remaining present before the court through alternative means, the court should be flexible in considering prayers made to this effect by the accused.

Case Briefs High Courts

Seat of arbitration once fixed by the arbitration agreement, has the exclusive jurisdiction for applications u/s 11 of the A&C Act, 1996: Rajasthan High Court

“The Court observes that the ‘contrary indicia’ is clearly reflected in the present case, because the seat was mentioned as Bikaner and venue was mentioned as New Delhi.”