High Courts Archives

Delhi High Court directs Family Court Judges to judiciously use the legal provisions for expeditious disposal of petitions

“Scrupulous adherence to Order VII Rule 11 of Civil Procedure Code, 1908 can curtail litigation like the present one, which aside from clogging the litigation also keeps the parties embroiled in litigation with a false hope of some relief.”

Case Briefs High Courts

Madras HC directs State and National CAMPA to release funds to NCTA for relocating 495 families from Mudumalai Tiger Reserve

When funds to the tune of Rs.8154.84 Crore is available with the National CAMPA, which can be utilised , the UOI has the statutory duty, pursuant to the manifestation of the Directive Principles of State Policies, considering the extreme urgency and critical nature of the issue.

Case Briefs High Courts

Delhi High Court sets aside show cause notice not falling within the ambit of Section 28 (9A)(c) of Customs Act

Section 28 provides a window of five years from the relevant date within which proceedings under the said provision may be initiated. The proceedings so initiated are liable to be ended in accordance with the statutory timelines which stand out in sub-section (9).

Case Briefs High Courts

Termination of pregnancy can be made without disclosing minor’s name in report, in case of consensual relations: Madras High Court

Madras High Court said there are instances where a minor and their guardian may not be interested in proceeding further with the case and entangle themselves in a legal process. In such instances, termination of pregnancy can be made without the disclosure of the name of the minor.

Case Briefs High Courts

Distribution Company can levy Delayed Payment Surcharge under Section 56(2) of Electricity Act, 2003 on payment default: Calcutta High Court

Calcutta High Court held that the liability to pay other charges (DPS) would arise not from the date when the bill was first raised but from the first instance of non-payment of the concerned charges,

Case Briefs High Courts

[Immoral Trafficking] P&H High Court asks Chandigarh authorities to frame guidelines for operation of Spa/Massage Centres

Punjab and Haryana High Court dismissed the instant petition for pre-arrest bail since people were found having sexual intercourse during police raid in Spa Centre being run by the petitioner, a matter which awaited further investigation.

Case Briefs High Courts

Divorce petition u/s 27 of the Special Marriage Act can be heard by Additional District Judge: Andhra Pradesh High Court

“Section 11(2) of Andhra Pradesh Civil Courts Act, 1972 empowers the District Judge to transfer any case to the Additional District Judge who would have the same power as that of the District Judge in disposing of the transfer cases.”

Case Briefs High Courts

[Stray Dog Birth Control] Sterilization and immunization of stray dogs is an important public function: Delhi High Court

The main grievance of the petitioner is non-compliance with rules made under the Prevention of Cruelty to Animal Act, 1960 i.e. The Animal Birth Control (Dog) Rules, 2001 that states taking up regular sterilization and immunization programmes of stray dogs, in order to curtail the growing population of stray dogs.

Case Briefs High Courts

Calcutta High Court prioritises students’ interest; directs reconsideration of teacher’s transfer application

“Once a teacher fulfils the eligibility criteria for transfer, the authority must take steps to fill up the resultant vacancy as per the norms existing within a reasonable time.”

Case Briefs High Courts

Milk cream is a product different from milk, hence not exempted from tax: Himachal Pradesh High Court

“A person who wishes to buy milk cream would not go to the market and ask for milk. He would only ask for milk cream because it is a separate product, though also a milk product.”

Case Briefs High Courts

Delhi CM House Renovation case: PWD engineers moves Delhi High Court against show cause notice issued by Vigilance Department; Court issues notice

As per reports, the case relates to alleged wasteful expenditure of almost Rs 53 crore on the renovation of Chief Minister Arvind Kejriwal’s official residence.¹

Case Briefs High Courts

Interest on delayed refunds to be calculated from the date of receipt of application under Section 11-B of the Central Excise Act, 1944: Delhi High Court

“A levy of interest on refund must undoubtedly follow where it was found that the amount has been unjustifiably retained or remitted with undue delay and thus, the respondents cannot be permitted to retain moneys which are otherwise not due or are otherwise liable to be returned.”

Case Briefs High Courts

Allahabad High Court imposes Rs. 10, 000 cost on CIT for passing order in violation of principles of natural justice

Allahabad High Court has said that notice under Section 263 was prepared and uploaded on 28-03-2022 and the same was received on the fixed date and the impugned order dated 31-03-2022 has been passed in gross violation of the principles of natural justice.

Case Briefs High Courts

Attempt to commit suicide and false allegations of illicit relationship, amount to mental cruelty: Delhi High Court reiterates

“False allegations of illicit relationship are the ultimate kind of cruelty as it reflects a complete breakdown of trust and faith amongst the spouses without which no matrimonial relationship can survive.”

Case Briefs High Courts

Delhi High Court denies interim injunction to Sun Pharma Laboratories for its drug ‘PANTOCID’

“Balance of convenience would, clearly not justify bringing the use, by the defendants, of the PANTOPACID mark to a complete halt, at this late stage.”

Case Briefs High Courts

“Shiver runs down the spine”; J&K and Ladakh HC upholds conviction and sentence of grandfather who raped his 1-year-old granddaughter

“Nothing has improved even after more than a decade of “Nirbhaya”. Women also have the right to life and liberty. They also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated”.

Case Briefs High Courts

Delhi High Court| Air India not ‘State’ under Article 12 after privatization; Employees of Air India Limited no longer fall within the domain of ‘public employment’

Under Article 226 of the Constitution of India, a writ cannot be issued against a Government- entity which has been subsequently privatized and no longer performs any public duty.

Case Briefs High Courts

Karnataka HC refuses to quash abetment to suicide case against manager and teammates accused of joking about their colleague’s sexual orientation

The Court emphasised that persons belonging to LGBTQ community should be treated with all the love and affection because sensitivity of them being ostracized already pervades in their psyche.

Case Briefs High Courts

Read why Madras HC directed authorities to appoint candidate as police constable who was denied job over a criminal case

Madras High Court said that the authorities failed to consider that there are no other criminal antecedents against the petitioner and this particular crime has nothing to do with any criminal implication, as he had only exercised his fundamental right to protest by participating in the protest organized by his fellow students and it will not have any implication as to the nature of the job for which he has applied.

Case Briefs High Courts

Calcutta High Court restrains Irrigation and Waterways Department from encroaching private land

The Calcutta High Court ruled in favor of the petitioners, finding that the respondents had not acquired the land in question and issued a writ of mandamus to restrain the encroachment.