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High Courts

Case Briefs High Courts

All HC | “Cruel, unethical to force present generation to follow 150 yrs old customs, traditions which violate fundamental rights”: HC rules Publication of Notice of Intended Marriage under Special Marriage Act shall not be mandatory

“The society has an ever-changing phenomenon. It keeps changing with time as per its new needs, expectation and other changing aspects. The very purpose of law is to serve society as per its requirements; therefore, the law also keeps evolving with the changes in society.”

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Published on January 14, 2021January 22, 2021By Bhumika Indulia

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Case Briefs High Courts

All HC | [Bail under SC/SCT (POA) Act] Failure to serve notice of bail upon victim, is failure of State to perform its statutory function; Accused cannot be visited with penal consequences for default of the State

Allahabad High Court: Ajay Bhanot, J., while allowing the present petition, on e-bail applications, said, “The process of law cannot move at

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Published on January 14, 2021January 22, 2021By Editor

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Case Briefs High Courts

Ker HC | When petitioner has produced prima facie materials to show that she belongs to SC community, respondents cannot brush aside the claim without a proper enquiry; impugned order set aside

Kerala High Court: N.Nagaresh J., while allowing the present petition and directing consequential benefits, held, “…it is evident that the 2nd respondent

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Published on January 14, 2021January 15, 2021By Editor

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Case Briefs High Courts

Del HC | “Ss. 69 and 132 of CGST Act prima facie valid; Power to arrest and prosecute is prima facie ancillary to power to levy and collect GST”: Read HC’s detailed analysis

Delhi High Court: The Division Bench of Manmohan and Sanjeev Narula, JJ., upheld the validity of Sections 132 and 69 of the

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Published on January 14, 2021April 9, 2021By Bhumika Indulia

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Case Briefs High Courts

Ori HC | Comprehensive Principles governing “Dying Declaration” and “Remission of Sentence” reiterated; Appeal dismissed

Orissa High Court: A Division Bench of S.K Mishra and Savitri Ratho JJ. dismissed the appeal and directed to adjudication application for

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Published on January 14, 2021January 29, 2021By Editor

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Case Briefs High Courts

J&K HC | Any person having attained the age of majority is entitled to marry as per their wishes and the police department is duty bound to protect their life and liberty if approached; Petition allowed

Jammu and Kashmir High Court: Sindhu Sharma, J., while allowing the present petition, issued directions to the police authorities, to ensure that

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Published on January 14, 2021January 15, 2021By Editor

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Case Briefs High Courts

Pat HC | Entire examination process of Bihar Public Service Commission does not deserve to be derailed only because some candidates perceive injustice have been caused to them by an erroneous question or an erroneous answer

Patna High Court: The Division Bench of Shivaji Pandey and Partha Sarthy, JJ., addressed the demand of Bihar Public Service Commission to

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Published on January 14, 2021January 15, 2021By Editor

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Case Briefs High Courts

All HC | If a husband denies being married in a proceeding under S. 125 CrPC, what should the Magistrate determine? Explainer

Allahabad High Court: Raj Beer Singh, J., observed that: “The object of the Section 125 CrPC being to afford a swift remedy,

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Published on January 13, 2021April 2, 2021By Bhumika Indulia

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Case Briefs High Courts

P&H HC | Whether in absence of enabling power in the Service Rules, the period of tenure posting could be extended by the State or its instrumentalities? Court explains

Punjab and Haryana High Court: Anil Kshetrapal, J., addressed the validity of the order granting extension in the service to respondent 6

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Published on January 13, 2021January 15, 2021By Editor

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Case Briefs High Courts

Ker HC | Powers of Court under S. 34 of the Arbitration Act, 1996 are merely supervisory in nature; Court cannot correct errors from the order of Arbitrator, but can only quash it: HC explains

Kerala High Court: The Division Bench of C.T. Ravikumar and K. Haripal, JJ., partially allowed the instant appeal challenging the correctness of

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Published on January 13, 2021January 15, 2021By Editor

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Case Briefs High Courts

Telangana HC | Is the power to take cognizance of an offence under SC & ST (Prevention of Atrocities) Act, 1989 vested with Magistrate or is there a Special Court for the purpose? Court answers in light of SC decisions

Telangana High Court: P. Naveen Rao, J., discussed and reiterated the scope of The Scheduled Castes and the Scheduled Tribes (Prevention of

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Published on January 13, 2021April 2, 2021By Bhumika Indulia

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Case Briefs High Courts

Utt HC | Elections at regular intervals is mandated by law; Court issues directions

Uttaranchal High Court: Manoj K. Tiwari, J., disposed of a writ petition while issuing directions which was filed by the member of

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Published on January 13, 2021January 15, 2021By Editor

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Case Briefs High Courts

P&H HC | There is no requirement in law that a person applying for sanction of the building plan, has to prove his ownership before the building plan can be sanctioned

Punjab and Haryana High Court: Anil Kshetarpal, J., while addressing the instant petition against the impugned order of Deputy Commissioner expressed that,

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Published on January 13, 2021April 2, 2021By Editor

1 Comment5530 views

Case Briefs High Courts

Cal HC | [S.11(6) Arbitration & Conciliation Act, 1996] Reiterating independence and impartiality of the Arbitrator, Court appoints former justice of the present court to preside over as the sole arbitrator

Calcutta High Court: Ashis Kumar Chakraborty, J., while allowing the present petition under Section 11(6) of the Arbitration and Conciliation Act, 1996

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Published on January 13, 2021January 15, 2021By Editor

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Case Briefs High Courts

Ker HC | [Motor Accidents Compensation Act] Court grants enhancement in compensation with an additional interest of 9% considering permanent disability; Revision Petition allowed

Kerala High Court: N. Nagaresh, J., while allowing the present revision petition, made additional compensation citing settled precedents. Background Respondent 3 (insurer)

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Published on January 12, 2021January 15, 2021By Editor

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Case Briefs High Courts

Utt HC | Holding elections at regular intervals is mandated by law to ensure that democratically elected Management Committee looks after the affairs of the college; Petition allowed

Uttaranchal High Court: Manoj K. Tiwari, J., while allowing the present petition, issued directions for the conduct of elections in the institute

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Published on January 12, 2021January 15, 2021By Editor

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Case Briefs High Courts

Del HC | ‘Right to access to drinking water cannot be denied merely because the colony is unauthorised’: HC directs Jal Board for supply of potable drinking water

Delhi High Court: Jayant Nath, J., reiterated the consistent position of law that right to access to clean drinking water is a

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Published on January 12, 2021January 15, 2021By Bhumika Indulia

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Case Briefs High Courts

MP HC | Absence of forwarding note and delay in production of contrabands are fatal to the prosecution case; HC acquits accused

Madhya Pradesh High Court: Bechu Kurian Thomas, J., allowed the instant appeal against the impugned order of Additional Sessions Court, whereby the

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Published on January 11, 2021January 11, 2021By Editor

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Case Briefs High Courts

P&H HC | After complaint is dismissed in default, Court becomes “functus officio” and Judicial Magistrate has no jurisdiction to recall his order and restore complaint; HC decides

Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed a petition challenging the impugned order of Judicial Magistrate Ist Class of

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Published on January 11, 2021January 15, 2021By Editor

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Case Briefs High Courts

Ker HC | No bar to parallel proceedings under SARFAESI Act during ongoing Corporate Insolvency Resolution Process; HC reiterates

Kerala High Court: A.M. Badar, J., while dismissing the present petition, reiterated the observations of the Supreme Court in the words, “In

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Published on January 11, 2021January 15, 2021By Editor

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