High Courts Archives

Allahabad High Court refuses relief to Bhim Army member accused of making hate speech against CM Adityanath, Bageshwar Baba and Dhirendra Shastri

Allahabad High Court said that it was apparent that the accused had made a derogatory and disrespectful comment against CM Adityanath as well as Bageshwar Baba and Dhirendra Shastri.

Case Briefs High Courts

Madras High Court orders disciplinary action against Deputy Secretary, Law Department for unruly behavior in Court premises

Ruckus and unruly behavior inside the Court amounts to scandalizing and lowering the authority of the Madras High Court, as well as interfering and obstructing with the administration of justice.

Case Briefs High Courts

Party cannot be held liable for failure of bank in sending money by RTGS; Calcutta High Court directs to issue discharge certificate

The Calcutta High Court quashed the imposition and recovery of penalty by the respondent authorities and directed them to refund the penalty amount and issue discharge certificate in favour of the petitioners.

Case Briefs High Courts

University of Delhi arbitrarily cancels seat alloted to a candidate; Delhi High Court directs admission in next academic year 2023-24

The delay on part of the petitioner in approaching the Court had led to the conclusion of admission process, due to which the candidates with lower merit would got admission which stood crystalised. Therefore, no exceptional circumstances existed in warranting issuance of directions to admit the petitioner in the academic year 2022-23.

Case Briefs High Courts

Protest by violent means can never be a part of Democracy, Delhi High Court overturns the discharge of accused in the Jamia violence case

“A protest cannot be allowed to endanger others, damage property, restrict essential services and such a protest cannot receive constitutional protection. The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution.” opined the Delhi High Court

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[POCSO Act] Minor girl misrepresented her age and showed herself to be a major; Delhi High Court suspends sentence of a man accused of raping a minor girl

The Delhi High Court suspended the sentence of a man who was convicted for raping the minor girl after noting that the girl herself had misrepresented her age and showed herself to be a major.

Case Briefs High Courts

When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court

Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.

Case Briefs High Courts

Patna High Court rejects anticipatory bail plea of an IPS Officer who hired a conman to pose as the Chief Justice of the Patna High Court to influence the corruption probe against him

The Patna High Court rejected the anticipatory bail plea of an IPS Officer who hired a conman to pose as the as the Chief Justice of the Patna High Court and to make calls to other officers for taking decision in his favour in a corruption case against him.

Case Briefs High Courts

Kerala High Court quashes withdrawal of nomination of Senate Members of Kerala University by the Chancellor

Kerala High Court concluded that the process of nomination of Senate Members is not an act of constituting an agent or mouthpiece to speak his master’s voice.

Case Briefs High Courts

Meghalaya High Court| Governor has residuary power to carve out authority already conferred under 6th Schedule and vest the same in some other Court or officer

Meghalaya High Court said that there is no limitation on the powers of the Governor in conferring a part of the authority pertaining to the Penal Code or some special law, to a particular Court or officer appointed in that behalf.

Case Briefs High Courts

“A class of its own in the category of frivolous cases”: Gauhati High Court berates counsels who signed Vakalatnama for non-existent petitioner

Gauhati High Court was faced with a peculiar case where “petitioner” had followed every rule in the book to file a well-planned petition; however, in reality the petitioner did not exist!

Case Briefs High Courts

Delhi High Court set aside delayed show cause notice issued by Revenue Department under IT Act

The Delhi High Court observed that there was an unexplained substantial delay in issuing the impugned Show Cause Notice dated 09-11-2017 and thus, is inexcusable in the eyes of law

Case Briefs High Courts

Unilateral action of bank withholding security documents is illegal and arbitrary: Kerala High Court

Kerala High Court held that once loan is repaid, the bank is not entitled to withhold the title deed merely on the grounds that the petitioner has transferred the property during the subsistence of mortgage.

Case Briefs High Courts

Delhi High Court set aside 1-year suspension of BJP MLA Vijender Gupta of Delhi Legislative Assembly

Delhi High Court observed that on perusal of the summary of proceedings, it was clear that there was disturbance caused during the sitting of the House by the petitioner and the ruling party members.

Case Briefs High Courts

[Right to be forgotten]|Orissa High Court directs State to remove intimate video of the victim from all social media platforms

Orissa High Court said that the legal possibilities of being forgotten On-line and Off-line, cries for widespread debate. It is also an undeniable fact that the implementation of the right to be forgotten is a thorny issue in terms of practicality and technological nuances.

Case Briefs High Courts

Can the Insolvency Court adjudicate upon the validity of Sale Deed without Section 53 application under Provincial Insolvency Act? Andhra Pradesh High Court answers

The Andhra Pradesh High Court directed the Official Receiver to cancel the sale deed as the same was without application of Section 53 of Provincial Insolvency Act.

Case Briefs High Courts

Recovery of penal rent from Air India employees for occupying Air India Colony held unlawful: Delhi High Court

The Delhi High Court held that without following due process of law, no penal rent could be deducted from the salaries of the employees of Air India Limited who failed to vacate the allotted accommodation.

Case Briefs High Courts

Technical objection cannot be taken at the stage of appeal: Allahabad HC upholds Trial Court’s conviction order in fake marksheet case

Allahabad High Court said that the convicts are not in a position to say that they were prejudiced in any manner by common FIR, one charge sheet and same charge for all three convicts and one trial.

Case Briefs High Courts

Allahabad HC declines to quash 23-year-old criminal case against Indian politician and congress MP Randeep Singh Surjewala

Allahabad High Court said that Randeep Singh had already been directed to be released on bail and he has got right of discharge under Section 239, 245 or 227 CrPC. through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

Case Briefs High Courts

Allahabad High Court suspends one-year sentence of UP Cabinet Minister Nand Gopal Gupta in a 9-Year-old assault case

Allahabad High Court released Nandi on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to deposition of fine