High Courts Archives

Gau HC | No blanket order of appointment can be passed in favour of any ‘Affected Candidate’ in terms of Rule 2(a) of the Assam Public Service (Preferential Appointment) Rules, 1999; HC clarifies

Gauhati High Court: Manojit Bhuyan J., simplifying the applicability of Rule 3 and Rule 4 of Assam Public Service (Preferential Appointment) Rules,

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Chh HC | Whether transfer/sale of Abadi land is complete without delivery of possession of the land along with superstructure in favour of the purchaser? HC decides

Chattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such

Case Briefs High Courts

Ker HC | [SARFAESI Act] Whether the State has better right in comparison to Banks and other Financial Institutions over secured assets for recovery of its dues; legal position reiterated

Kerala High Court: A.M. Badar J., allowing the present petition, quashes the attachment made by the State authorities to recover tax dues.

Case Briefs High Courts

All HC | In minor’s custody case, where child is below 5 years of age, mother is preferred, but is there any exception to it? Court explains

“Human affairs can never be disposed of by a rubber stamp approach or the application, virtually of mathematical formulae.”

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Gau HC | If a marriage is first solemnised under the Special Marriage Act and later upon conversion to Islam, marriage is again solemnised under Mohammedan Law: Which law will prevail for dissolution of marriage? Court to consider

Gauhati High Court: Achintya Malla Bujor Barua, J., addressed a matter wherein a marriage took place under the Special Marriage Act, but the

Case Briefs High Courts

Ori HC | Conviction under attempt to rape held in 1990 was set aside in 2020 due to lack of clear evidence; Appeal allowed partly

Orissa High Court: S.K. Sahoo J. allowed the appeal in part setting aside conviction under Sections 376/511, 354 and 457 of Penal

Case Briefs High Courts

Del HC | WhiteHat Jr Defamation Case: Aniruddha Malpani restrained from posting, publishing, sharing any content which is defamatory, derogatory or deprecatory in nature to White Hat Jr, its management or employee

Delhi High Court: Mukta Gupta, J., grants ad-interim injunction while restraining defendant from posting, publishing, sharing any content which is defamatory, derogatory or

Case Briefs High Courts

HP HC | [Service Law] If a candidate has been wrongly excluded from the process of appointment on account of arbitrary State Action, then he is entitled to notional seniority from the date, the similarly situated persons have been appointed

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., while allowing the present petition in

Case Briefs High Courts

[Medical Negligence] Del HC | Person performing surgery on pregnant women leading to death of the patient: Court rejects bail for offence under Ss. 315, 304 IPC

Delhi High Court: Manoj Kumar Ohri, J., denied bail to the petitioner who is accused of commission of offence under Section 315 (act

Case Briefs High Courts

Bom HC | Does NI Act authorises a complainant to fill an incomplete cheque? Court discusses while reversing acquittal of accused under S. 138 NI Act

Bombay High Court: Vibha Kankanwadi, J., reversed the acquittal of the respondent-accused holding him guilty of having committed an offence under Section 138

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Chh HC | In a case where question of recovery of loan amount is based on the deed of ‘ikrarnama’ where does the burden of proof lie regarding its authenticity; HC decides

Chattisgarh High Court: Sanjay S. Agarwal J., dismissed the appeal being devoid of merits. The facts of the case are such that

Case Briefs High Courts

Ker HC | It is in the interest of citizenry that elections to local body are conducted in a free and fair manner and well-meaning candidates get elected to the local bodies; necessary directions issued

Kerala High Court: Raja Vijayaraghavan V J., while allowing the present petition, discussed the importance of free and fair elections and further

Case Briefs High Courts

MP HC | Custody of the child with the mother can not be said to be illegal confinement; Court dismisses petition

Madhya Pradesh High Court: S.A.Dharmadhikari J., dismissed a writ petition which was filed invoking the jurisdiction of the Court under Article 226

Case Briefs High Courts

AP HC | “Real respect and honour is to render speedy justice to senior citizens”: HC says early disposal of cases concerning senior citizens should be prioritised

Andhra Pradesh High Court: Battu Devanand, J., observed that: It is the duty of the Courts to see that the senior citizens

Case Briefs High Courts

Bom HC | If the wife is earning something for livelihood, can the same be a ground to refuse alimony under S. 24 of Hindu Marriage Act? Read Court’s ruling reiterating SC’s decision

Bombay High Court: Mangesh S. Patil, J., in the present application directed the husband to pay an amount of Rs 10,000 towards alimony

Case Briefs High Courts

All HC | Court enlists factors to be considered while deciding question of harassment of girl whose photos are posted on social media without consent/for revenge

Allahabad High Court: Rahul Chaturvedi, J., held that the age of the girl, her personality, her upbringing, the social and financial status of

Case Briefs High Courts

[MV Act] Chh HC | Whether ‘gratuitous passenger’ is covered for compensation under ‘Liability Only Policy’ by insurance company? Ambit of “Legal representatives’ discussed

Chhattisgarh High Court: A Division Bench of P. R. Ramchandra Menon and Parth Prateem Sahu JJ., allowed the appeal and modified the

Case Briefs High Courts

Bom HC | Can real estate developers rely on ‘force majeure’ clause to deny possession to homebuyers? Court explains

Bombay High Court: S.C. Gupte, J., held that a real estate developer cannot rely on usual ‘force majeure’ clause to deny possession to

Case Briefs High Courts

HP HC | [Or. 1 R. 10 CPC] Due to subsequent events, proforma defendant had started sailing in the plaintiff’s boat and had acquired interests common to the plaintiff; Transposition of parties upheld

Himachal Pradesh High Court: Jyotsna Rewal Dua, J., while rejecting the present petition, upheld the decision of the trial court as the

Case Briefs High Courts

Bom HC | State Govt. declares ATMA, XAT, MAT, GMAT entrance tests not to be valid eligibility for MBA/MMS courses, instead only MS-CET, CMAT and CET to be valid: Read HC’s decision on Government Circular

Bombay High Court: The Division Bench of Dipankar Datta, CJ and G.S. Kulkarni, J., observed that “…any action on the part of the