High Courts Archives

“Stamp Duty is only payable for additional area purchased under Re-development Agreement”: Bombay High Court

Bombay High Court quashed two of State Government’s circulars, limited the stamp duty only to additional area purchased during redevelopment, and laid several pointers which shall apply further beyond the facts of the present matter.

Case Briefs High Courts

Non-signatory parties can be subjected to arbitration in accordance with Doctrine of Group of Companies: Delhi High Court

Delhi High Court held that non-signatory or third party could be subjected to arbitration proceedings without their prior consent. It was necessary to examine the touchstone of direct relationship of signatory parties to the arbitration agreement, forming part of a composite transaction.

Case Briefs High Courts

Entry of authorised Bank employee in secured property premises for taking possession doesn’t fall under “House Trespass”: Calcutta High Court

While quashing the impugned criminal proceeding against the petitioners, the Court held that a defaulter borrower holds the secured asset only in trust or symbolic possession and even if the petitioners have entered the said property, the same cannot be marked out as trespassers in other’s’ property.

Case Briefs High Courts

Manipur High Court directs the State Authority to pay compensation of Rs. 50,000 to a detenu who was illegally detained for a period of 13 days in a drug trafficking case

The Manipur High Court directed the State Authority to pay Rs. 50,000 to the detenu as compensation for his illegal detention in a drug trafficking case.

Case Briefs High Courts

[Mass Religious Conversion Case] Not only period of punishment, but nature of offence should also be taken into consideration while granting anticipatory bail: Allahabad High Court

Allahabad High Court said that it cannot close its eyes to the fact that the material evidence has been collected regarding mass conversion of persons and this case has taken a far more serious turn where the victims are coming forward to give evidence, thus, in case anticipatory bail is granted, same would hamper process of investigation.

Case Briefs High Courts

Rajasthan High Court directs to destroy record of conviction of the child in conflict with law; No ground to deny appointment as a police constable

The Court held that the employer is prohibited by law from referring to or taking in consideration the judgment of conviction so as to deprive a successful candidate, who was a child in conflict with law at some point of time from being employed in Government service.

Case Briefs High Courts

Delhi High Court| Pendency of a partition suit by the son against his parents is no deterrent to the proceedings under Senior Citizens Act, 2007

Senior Citizens have every right to protect themselves and in case of ill-treatment and abuse by their children/ legal heirs, can approach the Maintenance Tribunal for their eviction from their property of any kind, which includes both Ancestral as well as Self Acquired Property.

Case Briefs High Courts

Portuguese national of Indian origin illegally restrained and detained by Air India Officials at Delhi Airport; Delhi High Court directs Air India Officials to arrange a flight to Ahmedabad for the Portuguese national

The Delhi High Court directs the Air India Officials to arrange for a flight to Ahmedabad for the Portuguese national of Indian origin who was illegally restrained and detained at the Delhi Airport by the Air India Officials.

Case Briefs High Courts

Bombay High Court grants anticipatory bail to auto driver in a POCSO matter

Referring to the auto driver expressing his liking to the minor girl without any sexual intent, Bombay High Court granted anticipatory bail holding that he prima facie deserves protection from arrest.

Case Briefs High Courts

Furlough cannot be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence: Delhi High Court

The Delhi High Court observed that furlough could not be denied perennially even if the prisoner had earlier jumped parole and was re-arrested after committing another offence.

Case Briefs High Courts

Calcutta High Court dismisses change in classification of Tariff heading to avail lower rate of Tariff under GST regime

Calcutta High Court upheld AAAR’s order and held that Polypropylene Leno Bags made from Plastic Granules cannot be treated as Textile Articles.

Case Briefs High Courts

“Student had obtained a seat in JIPMER, Puducherry surreptitiously and based on a false declaration”; Madras HC directs authorities to take necessary action

Madras High Court without cancelling the seat of the student, directed the respondents to take necessary action based on the declaration that the student had obtained a seat through a false declaration.

Case Briefs High Courts

Resignation once accepted, cannot be allowed to be withdrawn: Rajasthan High Court

“A “resignation” of a Public Office, when made with an intention of relinquishing the office, accompanied by an act relinquishment, then nothing further is required. Resignation once accepted, cannot be allowed to be withdrawn.” Observed the High Court

Case Briefs High Courts

Madras HC cracks down on school for denial of admission to child diagnosed with Autism Spectrum Disorder

Madras High Court found the refusal for admission to child suffering from mild autism spectrum disorder to be distressing and violating the child’s fundamental right to education.

Case Briefs High Courts

Delhi High Court permits extradition of a German national to face trial for sexual offences against children under the German Criminal Code

The Delhi High Court upheld the order of ACMM for extradition of a German national to the Government of Federal Republic of Germany to face trial for sexual offences against children under the German Criminal Code.

Case Briefs High Courts

Bombay High Court directs State to pay Rs 25000 to a Congress worker for his unjustified arrest

Cases under Section 153A are on the rise and the onus is on the police/State to ensure that the said provision is not misused by anyone, much less, political parties.

Case Briefs High Courts

Karnataka State Commission for Protection of Child Rights is an advisory body and has no power to adjudicate any lis between two parties: Karnataka High Court

The Karnataka High Court held that order granting visitation rights to the father is outside the jurisdictional scope of Karnataka State Commission for Protection of Child Rights.

Case Briefs High Courts

Bombay High Court permits Municipal Corporation of Greater Bombay to execute project for providing adequate water supply to citizens around Gorai Village

The Bombay High Court held that the Petitioner’s proposed project is for providing water for the citizens of Gorai village as the said project certainly falls under the permitted exceptions in the scheme of the things provided for CRZ as well as protection of mangroves.

Case Briefs High Courts

NGT to strictly abide by the RTI application and provision of RTI law, directs Delhi High Court

The Delhi High Court stated that National Green Tribunal is a national tribunal, and hence, its RTI cell should function properly in accordance with the timelines and rules prescribed under the RTI Act and Rules.

Case Briefs High Courts

Madras High Court sets aside 2012 sexual harassment case against Aurobindo Ashram Trust

In 2012, Pondicherry District Collector had initiated inquiry against the Aurobindo Ashram Trust following allegations of sexual harassment, suicide of inmates and serious malpractices in the functioning of the school run by the Ashram, made by an inmate, Vishnu Lalit Singh, and a then MLA Ashok Anand.