High Courts Archives

Whether uploading of 10th certificate instead of Aadhaar card amount to ‘incorrect information’ rendering cancellation of the candidature? Delhi High Court rules

The purpose of the application form and admission process is to ensure that no candidate by an unfair means becomes eligible when he is ineligible.

Case Briefs High Courts

Rajasthan High Court acquits District Transport Office clerk from the charges of demanding bribery after 38 years of conviction

Rajasthan High Court stated that the prosecution had failed to prove the demand and acceptance of the bribe by the appellant and mere recovery of money could not be a grounds to consider it as a bribe.

Case Briefs High Courts

“Police cannot be accused of human rights violation at the drop of a hat”, Madras High Court quashes SHRC order

Madras High Court said that there are instances of human rights violation in police stations, but every instance of a casual police enquiry cannot be termed as human rights violation.

Case Briefs High Courts

‘Some contradiction and infirmities in evidence not enough to vitiate prosecution story’; Jharkhand High Court reiterates

Jharkhand High Court concurred with the Trial Court’s decision and held that the prosecution has proved the charge beyond all shadow of doubt which cannot be said to suffer from an error.

Case Briefs High Courts

Madras High Court examines the scope and ambit of S. 174 of CGST Act in context of Notifications issued under the repealed tax regime

The practice and procedure, both pre and post GST are consistent and involve participation of the officer of the DGGI in issuance of show cause notices.

Case Briefs High Courts

Madras HC upholds UGC’s rights and primacy to impose Regulations for conduct of distance education programmes

Madras High Court upheld the right of the UGC to impose Regulation for territorial jurisdiction referring to the primacy given to the UGC under the UGC Act, 1956, as well as Entry 66 of List 1 of the 7th Schedule.

Case Briefs High Courts

Orissa High Court rejects bail of NBFC Director in economic offence case

While rejecting the application for bail under Section 439 of CrPC, Orissa High Court said that the enormity of amount of embezzlement of Rs. 109 crores add to the worries of investors and depositors of the company.

Case Briefs High Courts

Allahabad High Court| Paramedical Council cannot be permitted to grant recognition to institutions providing Paramedical Courses

Paramedical Council of India cannot be permitted to grant recognition to institutions imparting education and training or register any such institution, except in accordance with, and to the extent permissible under the scheme and terms of the Act.

Case Briefs High Courts

Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional: Telangana High Court

The Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional and the NBFCs operating in the States of Telangana and Andhra Pradesh registered with the RBI will be excluded from the purview of these two enactments.

Case Briefs High Courts

Punjab and Haryana High Court orders for arrest of dismissed Punjab DSP Balwinder Singh Sekhon in Contempt Case

In a case of circulating malicious, libelous and derogatory videos pertaining to the judicial proceedings, the Punjab and Haryana High Court ordered the arrest of dismissed DSP Balwinder Singh Sekhon and another. The Court also directed global blocking of access to all the videos circulated so far.

Case Briefs High Courts

Paucity of funds cannot be a ground for denying payment of salaries; Manipur High Court directs the release of salary due payable for ten years

The Manipur High Court held that paucity of funds could not be a ground for denying payment of salaries and therefore, directed the release of salaries due payable for ten years along with interest at 6% per annum.

Case Briefs High Courts

Delhi High Court directs appearance of Hospital for not adhering to strict timelines under Transplantation of Human Organs Act, 1994

Strict timelines prescribed under the Transplantation of Human Organs Act, 1994, were not being adhered to in taking decisions of organ transplant, therefore, the Delhi High Court directed appearance of hospital on the next date of hearing, failing which costs would be imposed.

Case Briefs High Courts

Who is competent to lodge FIR as per S.4 of U.P. Prohibition of Unlawful Conversion of Religion Act?: Allahabad High Court explains

Allahabad High Court said that the impugned FIR has been lodged by the person who claims to be a victim of conversion obtained by misrepresentation, coercion and allurement, and as per Section 4(e) is the person competent to lodge the FIR.

Case Briefs High Courts

Delhi High Court dismisses PIL filed praying for an amendment in Delhi Prison Rules, 2018 to allow visit of the legal counsel to their clients in Delhi prisons more than twice a week

In matters of policy, the Courts do not substitute their own conclusion with the one arrived at by the Government merely because another view is possible.

Case Briefs High Courts

Delhi High Court dismisses WinZO’s plea against Google LLC’s download warning

Google LLC’s download warning in respect of all third-party applications was a mere disclaimer and there was no case made out for trade mark infringement.

Case Briefs High Courts

Delhi High Court directs Union to release of Rs. 5 crores to AIIMS, Delhi for treatment of children suffering from Rare Diseases

The Court directed Union of India to place on record an affidavit within a period of one week giving the complete information of the funds released from the Rare Diseases Fund to various Centres for Excellence and the number of patients for whom treatment has been approved till date.

Case Briefs High Courts

First proviso to Rule 55-A of TN Registration Rules ultra vires and unconstitutional to the Registration Act, as well as the substantive provisions of TP Act: Madras High Court

Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.

Case Briefs High Courts

Delhi High Court upholds LOC issued by SFIO for alleged siphoning off public funds of public sector banks and financial institutions

LOCs impinge upon the individual’s right to travel which is recognised as a Fundamental Right. However, the rights and interest of the investing public would also be a relevant consideration which cannot be ignored.

Case Briefs High Courts

Delhi High Court lays down guidelines for convicts suffering work related amputation or life-threatening injury in jail

As there was no monitoring or remedial mechanism available to address the legitimate grievances and prayers for being compensated for work related injuries sustained by a convict-inmate while serving sentence, the Delhi High Court laid down certain guidelines that would be applicable only in the case of amputation, or any other life-threatening injury, arising out of work-related injury, sustained by the convict.

Case Briefs High Courts

Delhi High Court directs BSNL to initiate departmental action against officers on allegations of criminal conspiracy relating to Cellular Mobile Network’s Phase-VII Expansion tender

The Status Report submitted by CBI suggested that a departmental inquiry must be initiated against Mr. Anupam Srivastava, the then CMD, BSNL as Head of the Management Committee of BSNL for making modifications in the payment milestone without deliberating upon the efforts to acquire the sites which resulted into financial loss and technical degradation.