High Courts Archives

Divorced Muslim woman is entitled to claim maintenance under S. 125 CrPC even after iddat and for whole life, unless she remarries, Allahabad High Court reiterates

Allahabad High Court sets aside Family Court’s order holding that divorced Muslim woman is not entitled for maintenance under Section 125 CrPC

Case Briefs High Courts

[Right to Way] Delhi High Court permits demolition of parts of Mandir and Masjid to make the pedestrian pathway uniform

The Delhi High Court held that places of worship could not encroach on public land and therefore, permitted demolition of parts of Mandir and Masjid to make pedestrian pathway uniform.

Case Briefs High Courts

‘Trial Court has taken custody of accused without following the settled proposition of law’; Allahabad High Court grants bail to accused in PMLA case

Allahabad High Court said that there was no requirement to take the accused into custody when he appeared before the Trial Court and cooperated in the investigation throughout, and the Investi gating Agency has never thought to arrest him under Section 19 of the PMLA

Case Briefs High Courts

[JEE Advanced 2022] Delhi High Court allows a meritorious EWS student to continue his course against a supernumerary seat provisionally allotted on default of seat allocation fee payment

The supernumerary seat was created by the respondents on their own and there was no direction for same in the interim order, thus, the caveat in the interim order that no equities would flow in favour of the petitioner, will not come in the way of the petitioner’s continuation against the said seat.

Case Briefs High Courts

Swayamvar in holy books enforced as fundamental right by Article 21 of Constitution: Punjab and Haryana High Court

Punjab and Haryana High Court allowed quashing of FIR against the petitioner, while upholding the right to marry by one’s own choice.

Case Briefs High Courts

Agnipath has an objective of creating an Armed Force which is agile, youthful, physically fit, and mentally alert; Delhi High Court upholds the constitutional validity of Agnipath scheme

The Agniveer Scheme will increase the ‘leader to led ratio from 1.1 to 1.28; a ratio that would aspire confidence and would ease the pressure of the forces on the ground.

Case Briefs High Courts

Delhi High Court directs the Ministry of Science and Technology to release scholarship amount under the INSPIRE Scheme along with Rs. 50,000 as costs, for denying scholarship to an EWS student

In a case where scholarship amount was denied to an EWS student, the Delhi High Court directed the Ministry of Science and Technology to release the third installment of scholarship amount under the INSPIRE Scheme along with Rs. 50,000 as costs

Case Briefs High Courts

Delhi High Court clarifies the position of Res Judicata with respect to Section 11 of the Arbitration Act

Delhi High Court was of the view that it would be within its right to dismiss the petition at the threshold if the petition is not maintainable, otherwise an unacceptable position of law would arise where despite a petition being not maintainable due to lack of territorial jurisdiction would need to be entertained.

Case Briefs High Courts

Delhi High Court allows late registration of a class XI student for Board exams with CISCE subject to payment of pending fees

The Court remarked that any order/direction passed by the instant Court may not be construed as extending any concession to the student in payment of fees to the school, which is a private unaided school.

Case Briefs High Courts

Madras High Court | Section 138 NI Act: Bribe for securing job cannot be held as a loan or money transaction

The accused not only cheated the complainant and committed an offence under Sections 420 IPC, but also, as a public servant, he obtained other than the legal remuneration and committed offence.

Case Briefs High Courts

Delhi High Court | Uniform for advocates to have white band not black ties; Interns to wear white shirt and black ties along with black pants and black coats

Under the Advocates Act, 1961, Section 49 vests powers in the Bar Council of India to make rules over a variety of subject matters.

Case Briefs High Courts

Foreign Court Judgments not conclusive, rights under special enactments can’t be denied on their basis: Madras High Court

Madras High Court held that the wife is entitled to institute and maintain matrimonial proceedings, DVC proceedings and any other proceedings under the relevant Statutes in Indian Courts having jurisdiction for appropriate reliefs.

Case Briefs High Courts

‘NOVAEGIS’ is phonetically identical and deceptively similar to ‘NOVARTIS’; Delhi High Court grants ad-interim injunction in favour of ‘NOVARTIS’

The Delhi High Court opined that ‘NOVAEGIS’ was, phonetically identical to ‘NOVARTIS’, when tested from the point of view of a customer of average intelligence and imperfect recollection and thus, granted ad-interim injunction in favour of ‘NOVARTIS’.

Case Briefs High Courts

Delhi High Court dismisses PIL seeking a direction to conduct a “Special Audit” of all the financial affairs of Delhi Sikh Gurdwara Management Committee and Guru Harkrishan Public School (New Delhi) Society

The DSG Management Committee and the GHPS Society are formed and governed by the DSG Act, a central piece of legislation, which has no provision for conducting an audit by the CAG.

Case Briefs High Courts

Whether the statement of deceased to the police and treating doctors pass the test of dying declaration? Allahabad High Court answers

Allahabad High Court reiterated that the dying declaration recorded by a police officer, can be acted upon if the same is found to be true, coherent, consistent, and free from any effort to prompt the deceased to make such a statement.

Case Briefs High Courts

[RSS Route-March] Madras High Court: Single Judge cannot modify order passed in writ petition, while exercising jurisdiction under a contempt petition

Madras High Court held that that the order passed in writ petition had been fundamentally modified by the order passed in the contempt petition, the effect of which resulted in a veiled attempt to sit in judgment/appeal over the order passed in the writ petition, which is not permissible in law.

Case Briefs High Courts

Delhi High Court permits Kabaddi players to travel to Iran to participate in Junior World Kabaddi Championship (Boys) after SAI rejected participation on medical grounds

The petition was filed by Mr. Rohit Kumar and Mr. Narender, Kabaddi players being selected for the Junior World Championship (Boys) which is scheduled to commence on 26-02-2023 at Urmia, Iran.

Case Briefs High Courts

False implication in sexual offences is on a rise, thus inordinate delay in lodging FIR has to be considered at the time of adjudicating bail: Allahabad High Court grants bail to persons accused of Rape

Allahabad High Court granted bail to persons accused of Rape after considering the facts and circumstances of the case, submissions made by the parties, the evidence on record, the inordinate delay in lodging of the FIR by the informant and the fact that the trial is at its conclusive end,

Case Briefs High Courts

Date of birth mentioned in Matriculation Certification granted by CBSE must be accorded highest preference: Patna High Court

The Patna High Court directed the Regional Passport Officer to issue fresh passport to a girl by correcting her date of birth and held that the date of birth mentioned in Matriculation Certification granted by CBSE must be accorded highest preference

Case Briefs High Courts

Punjab & Haryana High Court directs Deepak Chaurasia to furnish bail bonds on deposit of Rs 2 lakhs

The Trial Court had declined Deepak Chaurasia’s application seeking permanent exemption from personal appearance in a POCSO case. Punjab and Haryana High Court directed him to appear before the Trial Court.