High Courts Archives

“Institutional framework in National Trust Act not confined only to persons with autism, cerebral palsy, and mental retardation”; Madras High Court allows appointment of legal guardian for schizophrenic woman

Madras High Court stated that the expression “person suffering from multiple disability” under 1999 Act will be equivalent in meaning to “person with benchmark disability” under Persons with Disabilities Act, 2016. Thus, allowed the petitioner to be appointed as a guardian to her sister, suffering from schizophrenia.

Case Briefs High Courts

Madras High Court| Non-signatories can join as parties to arbitral proceedings, if they are the ‘alter ego’ of the signatory

Madras High Court held that the petitioners are not entitled to join respondents 3 to 5 as parties to arbitral proceedings, as they do not qualify as “alter egos” of the first respondent or as successors-in-interest.

Case Briefs High Courts

Delhi High Court applies the rule of ‘contra proferentem’ to uphold the arbitral award not being hit by ‘patent illegality’

The ground of Patent illegality gives way to setting aside an Arbitral Award with a very minimal scope of intervention. A party cannot simply raise an objection on the ground of patent illegality if the Award is simply against them. Patent illegality requires a distinct transgression of law, the clear lack of which thereof makes the petition simply a pointless effort of objection towards an Award made by a competent Arbitral Tribunal.

Case Briefs High Courts

Whether Air Force Group Insurance Society, Air HQs Non-public Fund Organization, and CRPF Employees Educational Society be treated as ‘State’ under Article 12? Delhi High Court rules

Even though petitioners have claimed that deduction of an amount of their contribution to the Society is permitted by the Ministry of Finance and that the land to run the Society is allocated by the Government, we find that purpose to provide aid in the form of sanction and land to the Society is to enable it to function smoothly to the benefit of its members. However, this does not establish that these functionaries are being run by the Air Force or the Central Government.

Case Briefs High Courts

P & H High Court denies bail to Punjab IAS Officer, Sanjay Popli in corruption case

A Huge number of valuables including gold and silver bricks were recovered at Sanjay Popli’s home during investigation. Thus, the Punjab and Haryana High Court found it unsafe to release him at this stage while investigation is still underway for another case pertaining to accumulation of disproportionate assets.

Case Briefs High Courts

Madras High Court directs Union to consider passport application of Srilankan refugees’ daughter

Madras High Court permitted Srilankan refugees’ daughter to apply for passport under Section 20 of the Passports Act and directed the Central Government to consider her application and pass order.

Case Briefs High Courts

Non-Applicant does not have a locus-standi to challenge appointment of Junior Assistants for being a stranger; Madras High Court rejects petition

The recruitment process to any public post should be conducted in a fair and transparent manner. If the candidates are selected by any criterion other than merit and efficiency, the public authority will suffer for all the times to come. It is in the public interest that the process of selection and appointment should be transparent to make it foolproof from corrupt practices.

Case Briefs High Courts

Rehabilitation cannot be rejected to jhuggi dwellers only on the ground that their names are not in the voter list: Delhi High Court

The Delhi High Court held that rehabilitation could not be rejected to jhuggi dwellers only on the ground that their names were not in the voter list and the Court further held that the Appellate Authority would have to consider all other documents as well before arriving at a conclusion as to whether the jhuggi dwellers were entitled to rehabilitation or not.

Case Briefs High Courts

Why Delhi High Court upheld the award of damages passed by Single Judge on account of mental agony and harassment in the case of a commercial contract?

All that the respondent wished for was a better roof over the head of his family. It was for this objective that the collaboration agreement was devised, but the appellant subjected the respondent to undue harassment on account of his illegal designs which led to the registration of the FIR, and the respondent had to run from pillar to post due to the direct acts of the appellant. Such circumstances do warrant awarding of damages on account of mental agony and harassment.

Case Briefs High Courts

Delay cannot be condoned under Payment of Gratuity Act by taking the aid of the provisions of Limitation Act: Kerala High Court

Kerala High Court perused Section 29(2) of the Limitation Act, 1963 and Section 7(7) of the Payment of Gratuity Act, 1972 and held that the authority under the Payment of Gratuity Act cannot condone the delay in filing an appeal by entertaining an application under Limitation Act.

Case Briefs High Courts

Delhi High Court directs Government to issue a circular for non-disclosure of identity of the minor seeking medical termination and her family in the report of registered medical practitioner to police

The Delhi High Court directed the Government to issue a circular to the effect that in case of any minor’s guardian or family approaching any Registered Medical Practitioner (RMP) for termination of pregnancy of the minor, the identity of the minor, guardian, or the family, should not be disclosed in the RMP’s report to the police, if a request to that effect was made by the guardian or the family to the RMP.

Case Briefs High Courts

Punjab and Haryana High Court | Non-Domicile Candidates not entitled to 33% reservation for women under Punjab Civil Services Rules, 2020

The Court acknowledged the Punjab Government’s intention to grant 33% reservation to the women of the ‘State of Punjab’ in direct recruitment of Group-A, B, C and D posts.

Case Briefs High Courts

Magistrate cannot summon accused on a printed proforma without assigning any reason nor can take cognizance on police report without applying judicial mind, Allahabad High Court reiterates

Allahabad High Court remitted back the matter to the Magistrate and directed him to decide afresh the issue for taking cognizance and summoning the applicants and pass appropriate orders in accordance with law.

Case Briefs High Courts

Bombay High Court| Procedure of constitution of the Arbitral Tribunal is overshadowed by MSMED Act, but does not eclipse the agreement between parties in case of exclusive jurisdiction

Bombay High Court: In a petition filed by Gammon Engineers & Contractors Pvt. Ltd. under Section 34 of the Arbitration Act, 1996

Case Briefs High Courts

‘Societal interest & purity in politics need to be balanced’; Kerala High Court suspends Lakshadweep MP, Mohammed Faizal’s conviction

Kerala High Court suspended Lakshadweep MP, Mohammed Faizal’s conviction and sentence of imprisonment until the disposal of appeal against the decision of Sessions Court

Case Briefs High Courts

Can Indian revenue authorities go after tax residency certificate issued by other tax jurisdiction and issue a re-assessment notice u/s 147 Income Tax Act? Delhi High Court rules

A clarificatory press release dated 1-03-2013 issued by the Finance Ministry pursuant to the 2013 amendment makes it clear that a Tax Residency Certificate is to be accepted and tax authorities cannot go behind it. Further, based on repeated assurances to foreign investors by way of CBDT Circulars as well as press releases and legislative amendments and decisions of the Courts, the revenue cannot go behind TRC.

Case Briefs High Courts

Delhi High Court directs IRDAI to design products for persons with hearing disabilities and persons with implants

The Delhi High Court held that the denial of a health insurance policy to a minor child suffering from Bi-Lateral Hearing Loss was contrary to the provisions in favour of Persons with Disabilities under the Rights of Persons with Disabilities Act, 2016 and further directed IRDAI to design products for persons with hearing disabilities and persons with implants.

Case Briefs High Courts

Muslim woman can dissolve marriage by ‘Khula’ recognised under Shariat; Madras High Court quashes Khula certificate issued by Shariat Council

Madras High Court while quashing the Khula certificate issued by the Shariat Council, held that while it is open for a Muslim woman to exercise her inalienable rights to dissolve the marriage by Khula recognised under the Muslim Personal Law (Shariat) Application Act, 1937 by approaching a Family Court, it cannot be before Shariat Council.

Case Briefs High Courts

Only unmarried major daughter, unable to maintain herself, can claim maintenance under HAMA; Benefit not extended to all unmarried daughters: Kerala High Court

Kerala High Court denied the grant of maintenance to an unmarried Hindu major daughter as she could not prove any disability as required under Hindu Adoptions and Maintenance Act, 1956

Case Briefs High Courts

[S.156(3) CrPC] Bombay High Court| Affidavit not in compliance with Chapter VII of the Criminal Manual is deemed non-compliance with the mandatory requirement of filing an affidavit

There should be no scope for the declarant to escape on the technical grounds from responsibility attached to the statement made by him in the affidavit. Unless those compliances, referred to in paragraphs 5 and 8 of chapter VII of the Criminal Manual are complied with, it will be difficult to hold the person making a declaration on oath responsible for the statement made on an oath.