High Courts Archives

Jamia Teachers Association's dissolution

Delhi High Court quashes Jamia Millia Islamia’s order dissolving Jamia Teachers Association

“The unilateral formulation and approval of a revised Constitution for Jamia Teachers Association, without consultation or consent of its members, undermines the autonomy of the Association and violates the right to self-governance inherent in Article 19(1)(c) of the Constitution.”

dismissal of CRPF constable for furnishing duplicate marksheet

Case Briefs High Courts

‘Even a minor or trivial looking lapse may endanger life’: Delhi HC upholds dismissal of CRPF Constable/Water Carrier for furnishing duplicate marksheet

“Any service especially Defense and Security Services, require a kind of trust between the employer and employee and it is all the more essential where the security of life, limbs and property of the citizens of the country are concerned.”

Case Briefs High Courts

Dismissal of SLP by Supreme Court with or without reasons, will not attract the Doctrine of Merger: J&K and Ladakh HC

“While exercising the review jurisdiction, it must be borne in mind that review proceedings are not by way of an appeal and must strictly be confined to the scope of Order XLVII Rule 1 of the Civil Procedure Code, 1908”.

Limitation begins when continuous breach of contract ceases

Case Briefs High Courts

‘When breach of contract is continuous, limitation runs from date of cessation of breach’; Kerala HC upholds dismissal of suit for damages

“The breach continued only during the period of the contract and not upon its expiry. The Court observed that the breach was continuous, but only during the subsistence of the contract. Once the contractual period fixed by the parties had expired, the breach could no longer be considered ongoing.”

railway officials partying in boxing ring

Case Briefs High Courts

“Disregard for sanctity of place meant for sports training & practice”: Chhattisgarh HC takes suo motu cognizance of railway officials partying in SECR’s boxing ring

“Such conduct reflected gross misconduct and disregard for the sanctity of a place meant for sports training and practice.”

Case Briefs High Courts

Apathy towards aged in-laws, prolonged denial of intimacy and false complaints against husband amounts to cruelty: Delhi HC

“Sustained neglect of marital obligations, coupled with acts designed to exacerbate discord, eroded the very foundation of the matrimonial bond.”

Case Briefs High Courts

Know why J&K and Ladakh HC quashed preventive detention order executed after 45-days delay

“If a detenue satisfied the Court that there was an unexplained delay in execution of the detention order, then such an order would be interpreted as breaking the live-proximity link in between the event of detention and passing of the detention order.”

Case Briefs High Courts

FIR registered to ‘wreak vengeance’ can be quashed: Delhi High Court quashes 17-year-old attempt to murder case against Madhu Kishwar

“Even if the allegations of the complainant are taken at the highest, considering the complainants conviction in a case arising out of same incident, the same can at best be considered as a self-defense or an altercation at the stage when the complainant has formed an unlawful assemble and caused injuries to the petitioner and another person when they were carrying out certain functions assigned to them.”

monitoring movements forcing wife to resign is cruelty

Case Briefs High Courts

‘Serious mental cruelty’; Kerala HC grants divorce to wife subjected to constant unfounded suspicion, monitoring, and forced job resignation

“The continued mistrust of the husband creates an atmosphere of humiliation, fear and emotional suffering and such conduct makes it unreasonable to expect the wife to continue living with him and the wife is entitled to live with dignity and freedom through the remedy of divorce.”

Case Briefs High Courts

Delhi HC quashes order directing private schools to implement 6th & 7th Pay Commission for teachers; says judicial powers can’t be delegated to committees

The Courts, in exercise of their powers under Article 226 of the Constitution of India, can constitute committees but these committees are only fact finding in nature. Judicial functions cannot be relegated to these Committees.

Case Briefs High Courts

Karnataka High Court quashes proceedings against man accused of rape by his Bumble date

“A relationship born of mutual volition, even if it founders in disappointment, cannot, save in clearest of cases, be transmuted into an offence under the criminal law.”

Case Briefs High Courts

Mitakshara Law| Daughter can claim right in father’s property only if he died before 1956 and has no sons: Chhattisgarh HC

“Mitakshara Law of Inheritance is applicable to a person who died before 1956, thus, the wife or daughter of a Hindu male would inherit his property only if he dies without a male child.”

Case Briefs High Courts

Crypto currency qualifies as property that may be held in trust: Inside Madras High Court’s significant decision

“India, by learning from these experiences, has the opportunity to design a regulatory regime that encourages innovation while protecting consumers and maintaining financial stability.”

Case Briefs High Courts

Order terminating arbitral proceedings under Section 25 (a) of the Arbitration Act is not an ‘Award’: Delhi High Court

“Such an order merely terminates the arbitral proceedings on account of the claimant’s default in filing the statement of claim and does not involve any adjudication or determination of the rights or obligations of the parties.”

Case Briefs High Courts

No absolute right to choose jail or place of detention: Inside Gujarat HC order rejecting Sanjiv Bhatt’s wife’s plea against relocation

“The place of detention is an administrative choice of the State and in absence of any breach of fundamental rights of convict, the request for transfer cannot be acceded to.”

Case Briefs High Courts

Banks not bound to accept OTS offers or reveal evaluation criteria: Bombay High Court

“Such decision should be left to the commercial wisdom of the Bank whose amount is involved,and it is always to be presumed that Bank shall take a prudent decision whether to grant the benefit under the OTS scheme, having regard to the public interest involved.”

Case Briefs High Courts

Allahabad HC: No relief to Jamp India, VS International over copyright infringement of Jubilant Generic’s Product Dossiers

“Once copyright infringement is the core relief, incidental or ancillary reliefs, whether based on confidentiality, trade secrets, or passing off, do not affect maintainability of the suit as a whole.”

Case Briefs High Courts

Each instance of sex determination undermines value of female life, endangers pregnant women to unsafe medical procedures: Delhi High Court

“Beyond the immediate family, such acts corrode social conscience, and strike at the hope of a society to be free from discrimination. If such practices are allowed to continue, it would send a message that human life has little value.”

Case Briefs High Courts

Return of Mahar can be shown by parties’ statements and not merely through Khula Nama: Kerala High Court

“When the factum of an attempt of reconciliation and the absence of Mahar with the wife being prima facie established, there was no reason to doubt, or to find error in the views and holdings of the Family Court.”

Case Briefs High Courts

‘Article 21 encompasses right to observe one’s religious duties’: Delhi High Court grants custody parole in UAPA case

“The purpose of custody parole is to allow a prisoner to attend to pressing humanitarian or personal obligations such as funerals, last rites, or significant family functions, under strict supervision of the authorities. It is a temporary measure, humane in character, that ensures a balance between the interests of justice and human dignity.”