High Courts Archives

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Resignation once accepted, cannot be allowed to be withdrawn: Rajasthan High Court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 Resignation once accepted, cannot be allowed to be withdrawn.”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

Case Briefs High Courts

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.