High Courts Archives

Temporary Appointees cannot claim regularization based on past performance or long service: Madhya Pradesh High Court

Madhya Pradesh High Court held that “in the terms and conditions of the appointment it is clearly mentioned that the employee would not be having any right to claim regularization”.

Case Briefs High Courts

POCSO| Madhya Pradesh High Court urges Centre to decrease the age of consent of the prosecutrix from 18 years to 16 years for sexual offences

Madhya Pradesh High Court set aside impugned FIR as well as all consequential proceedings arising out of it.

Case Briefs High Courts

‘Employee had no role in drawing excess amount in increment’; Kerala High Court upholds KAT order restricting any recovery of excess pay

The Kerala High Court clarified that the authorities erroneously granted the said increment in terms of Government Order while being careless and negligent, and that the respondent could not be faulted at all for their negligence.

Case Briefs High Courts

[Section 15 of JJ Act] Inquiry for trying a juvenile as an adult must be conducted in a transparent and fair manner: Bombay High Court

Bombay High Court explained that trying a child below 18 years before Juvenile Justice Board is a rule and trying a child above 16 years as an adult before Regular Court is an exception.

Case Briefs High Courts

Complaint lacks specific averments to fasten vicarious liability of Company Directors; Bombay High Court quashes order against Raymond CMD

The instant complaint was filed against the Chairman and Managing Director, and eight Directors of Raymond Ltd. after the Inspector of Legal Metrology noticed a fabric package which lacked requisite declarations.

Case Briefs High Courts

Selection of Auditors for Cooperative banks: Himachal Pradesh High Court upholds NABARD’s guidelines

Himachal Pradesh High Court said that to assist the respective State Governments to choose the right persons to conduct statutory audits, the NABARD had issued the impugned letter prescribing broad guidelines

Case Briefs High Courts

[Adipurush Controversy] Allahabad HC directs IB Ministry to revisit issue by forming an expert committee; Seeks personal presence of Film Director and Dialogue writer

Allahabad High Court said that the Gods have been shown in a film by the film makers including the dialogue writers without taking care of holiness and sanctity of those characters.

Case Briefs High Courts

Allahabad High Court directs State to specify steps taken towards providing women toilets, pure drinking water, fans etc. in police stations

Allahabad High Court directed the State to file an affidavit indicating therein the progress towards allotment of funds towards providing basic amenities to women in Police Stations

Case Briefs High Courts

Dishonour of Cheque: Delhi High Court sets aside summon order due to lack of specific allegations against directors in the complaint

The Delhi High Court observed that the wanton arraignment of directors without reference to their role in relation to a transaction, or to the issuance or dishonour of a cheque by the company, requires to be deprecated and discouraged, since it amounts to abuse of the salutary process of criminal law.

Case Briefs High Courts

Mother is entitled to Custody of Minor Children after Father’s death, unless declared incompetent or disentitled: Himachal Pradesh HC

The Court said that the right of a mother to have custody of her children is not absolute, but subject to the welfare of her children.

Case Briefs High Courts

[2002 Godhra Riots] Gujarat HC rejects Regular Bail plea of Civil Rights Activist Teesta Setalvad

The Court said that Teesta Setalvad had started her career as journalist and prima facie it seemed that by using victim and witnesses as ladder for her own benefits, she had ultimately reached on to Padmashree to become Member of Planning Commission.

Case Briefs High Courts

Allahabad High Court orders immediate release of rape convict sent to jail in same crime after undergoing entire sentence

Allahabad high Court directed the Senior Registrar to communicate this order to the Jail Authorities concerned, for immediate release of the convict.

Case Briefs High Courts

Orissa High Court upholds Acquittal of Accused Persons in witchcraft murder case

The Court said that in the case of circumstantial evidence, the links must form a continuous chain and must point unerringly to the guilt of the accused and to no one else.

Case Briefs High Courts

Kerala High Court directs sensitizing Police Officers for effective compliance of Mental Healthcare Act 2017

Kerala High Court said that a fair and impartial trial is an insegregable facet of Article 21 which aims that the accused is not prejudiced, injustice is ostracised and fairness is not hampered in the interest of the accused, victim and society.

Case Briefs High Courts

Meghalaya High Court grants bail to HIV Positive Female Accused under NDPS Act

The applicant was an HIV Positive Patient for which she required specialized treatment, thus, the Court decided to release the applicant on bail.

Case Briefs High Courts

[Gang Rape] Delhi High Court modifies sentence of five men involved in kidnapping, abduction, and gang rape; awards life imprisonment

The accused had failed to demonstrate any illegality in the impugned judgment convicting them for the offences of kidnapping, abduction, and gang rape.

Case Briefs High Courts

Homemaker wife contributes equally to husband’s acquisition of family assets; Entitled to equal share in properties: Madras High Court

In generality of marriages, the wife bears and rears children and minds the home. She thereby frees her husband for his economic activities. Since it is her performance of her function which enables the husband to perform his duties, thus she is entitled to share in its fruits.

Case Briefs High Courts

Gauhati HC directs the State of Assam to expediate the process of constituting a Transgender Welfare Board

The Court noted the submission that a Welfare Board will help in addressing issues faced by the Transgender persons in the State.

Case Briefs High Courts

[Appointment of Archaka] Person of any caste can be appointed, provided he is well-versed in Agamas: Madras HC reiterates

Appointments of Archakas will have to be made in accordance with the Agamas, subject to the further caveat that the Agama that is followed is in conformity with the Constitutional mandates and it does not violate the same.

Case Briefs High Courts

Land Grab attempted on former Supreme Court Judge’s land; Jharkhand High Court takes suo motu cognizance

The Jharkhand High Court made it clear that the stature of the person whose land grab was attempted is not important, but the situation is the reason that the Court took cognizance of the instant matter.