High Courts Archives

Discharge of Sureties |Courts should not initiate criminal proceedings against the surety in case he seeks to discharge himself: Orissa HC

The forfeiture of the bail bond without giving the opportunity of hearing to the surety is illegal and derogates principles of natural justice.

Case Briefs High Courts

Permanent Judges and Additional Judges equally duty bound to perform judicial work: Allahabad HC

The primary duty of the office of a Judge is to render justice to the litigants by deciding the cases that are assigned to him and a Judge appointed under Article 224 of the Constitution of India is as much under oath to perform this duty, as a Judge appointed under Article 217.

Case Briefs High Courts

Read why Allahabad HC dismissed contempt proceedings against NOIDA CEO and Gautam Budh Nagar DM in land acquisition case

Allahabad High Court said that as the compensation has already been assessed by the authorities to the tune of Rs. 1,33,05,600/-, thus no question arises for interfering for awarding higher compensation

Case Briefs High Courts

Prior approval of Directorate of Education is mandatory for passing termination order under S.8(2) of Delhi School Education Act, 1973: Delhi High Court reiterates

“During the pendency of the present petition, the petitioner had reached the age of superannuation. Therefore, the Court held that ends of justice would be met if petitioner was directed to be paid compensation in lieu of reinstatement and back wages.”

Case Briefs High Courts

Sexual Harassment| Teacher-student Relationship a ‘sacred one’; Delhi High Court upholds compulsory retirement of DU professor as punishment

Delhi High Court observed that what ultimately turned decisive was a voluntary acknowledgment by the appellant-professor of his acts of indiscretion in getting attracted by the charms of a young female student.

Case Briefs High Courts

‘Balancing public safety and industrial needs’: Delhi High Court rejects total ban on acid sales, emphasizes stringent implementation of existing rules

“A total ban could have unintended consequences, affecting sectors where acid is responsibly and safely utilized. Therefore, striking a balance between public safety and the legitimate uses of acid for industrial and other regulated purposes is crucial.”

Case Briefs High Courts

Delhi High Court directs Indian Railways to ensure periodic audit for safety and security measures at Stations

The measures undertaken by the Indian Railways clearly reflected that the safety and security of passengers was of paramount importance to the Railways.

Case Briefs High Courts

Misuse of Section 498-A, IPC by implicating husband’s relatives in matrimonial disputes; Jharkhand High Court quashes criminal complaint

The Jharkhand High Court reiterated the object of Section 498-A of IPC to punish cruelty by husband and his relatives.

Case Briefs High Courts

‘Children are future of the country’: Delhi High Court stresses accountability in PM-POSHAN Scheme after allegations of rotten food items

“The seriousness of the allegations in the case at hand and its impact on children, who are the future of the country, cannot be overlooked. It is the duty of the petitioner to ensure that nutritious meal is provided to the children for their development.”

Case Briefs High Courts

Uttaranchal High Court directs presence of Animal Husbandry, State Animal Welfare Board Officials over ill-treatment of Equines on pilgrimage routes

“District Magistrates might join the proceedings virtually, whereas the Secretary, Animal Husbandry and the Chairperson of the Executive Committee of the State Animal Welfare Board should personally remain present in Court, to assist the Court.

Case Briefs High Courts

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.”