High Courts

Custody of minor girl
Case BriefsHigh Courts

“The principle that the father is the natural guardian of the minor child-boy or unmarried girl, and after him, the mother is primarily derived from section 6 of the Hindu Minority and Guardianship Act, 1956, though seminal at its time. Now it smacks patriarchal bias, therefore, become obsolete in the progressive realities of 21st- century in India”

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arbitrator lottery printing dispute
Case BriefsHigh Courts

The petitioner submitted that it filed an arbitration petition before Punjab and Haryana High Court, as part of the agreement was executed at Chandigarh. However, the Punjab and Haryana High Court was unable to decide the petition due to territorial bar. Hence, the present petition is filed.

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tax on electricity supply
Case BriefsHigh Courts

The Court further clarified that only the tax on ‘minimum tariff’ has been held unconstitutional and not the tax collected on the consumption of electricity.

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Training Magistrate on Bail guidelines
Case BriefsHigh Courts

“These are the cases where personal liberty of the citizen is at stake. The Magistrate should very well be sensitized in these types of issues, especially about the judgments which relate and deal with personal liberty.”

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498A complaint by trans woman
Case BriefsHigh Courts

To deny a trans woman the status of a ‘woman’ for the purpose of legal protection under Section 498-A IPC solely on the ground of her reproductive capacity is to perpetuate discrimination and to violate Articles 14, 15, and 21 of the Constitution.

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Minor’s right to retain pregnancy
Case BriefsHigh Courts

“The minor victim has the right to beget a life and/or create a life, which is a facet of Right to Life guaranteed under Article 21 of the Constitution of India”

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Eden Gardens not a public place
Case BriefsHigh Courts

“In common parlance, for a particular place to be a public place, the members of the public must have an absolute, unqualified and unconditional right of free access thereto of their own free will and volition without any restriction whatsoever.”

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Delay in curing registry defects
Case BriefsHigh Courts

The Court noted that the registry did not follow the procedure prescribed in the GHC Rules for movement of the papers from the registry to the competent Court, thus there was no occasion for consideration by the Court concerned as to whether the respondents were entitled to condonation of delay in removal of office objections.

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Debarment from Government Employment
Case BriefsHigh Courts

“The Government must conduct itself as a model employer and in a constitutionally ordained Welfare State a citizen could not be told that the reasons for a decision were stacked in the Godown of the Government since ours was not the East India Company of bygone era”.

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Ghadi Surf excel
Case BriefsHigh Courts

It is permissible for an advertiser to undertake an advertising campaign to promote its own product so long as the same is not deliberately tarnishing or defaming the competitor’s product.

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UCO Bank SARFAESI application rejection
Case BriefsHigh Courts

The Court observed that since the jurisdiction of the District Magistrate under Section 14 of the Act, is not ministerial and not adjudicatory, such defects cannot be cured retrospectively or assumed to be merely procedural.

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Kerala High Court plastic ban
Case BriefsHigh Courts

“The prolific use of plastic, coupled with unscientific and irrational methods of its disposal are leading to serious health hazard”

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Impleading arbitrator in S. 36
Case BriefsHigh Courts

The award debtor’s counsel contended that the bias is an element of fraud, and to adjudicate the allegations of fraud and/or bias, the member concerned of the arbitral tribunal is required to be impleaded in the proceedings under Section 34 and Section 36(2) of the Arbitration and Conciliation Act, 1996.

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PG Hostel Homestay Registration
Case BriefsHigh Courts

The Court directed the respondents to publicise the pre-requisite conditions necessary to be fulfilled before a premise may be used as a PG Hostel or a Home Stay.

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Bokaro Steel Plant Protester Death
Case BriefsHigh Courts

The Court passed an interim order directing the respondents not to proceed with the investigation of the FIR.

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Calcutta High Court
Case BriefsHigh Courts

The Court observed that the transgender identity card of the petitioner shall be taken into account at the time of consideration of the petitioner’s application for passport.

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Madras High Court
Case BriefsHigh Courts

“Mere non usage of loudspeaker and microphone will not solve the issue. The crux of the issue is that the petitioner cannot convert a house into a prayer hall to conduct prayer meetings. That requires proper permission from the authorities.”

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Kerala High Court
Case BriefsHigh Courts

“Every man’s house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours. A person’s right to life encompasses the right to live with dignity and dignity is non-negotiable.”

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Jammu and Kashmir and Ladakh High Court
Case BriefsHigh Courts

“Human rights are the most sacrosanct component of a human life and, therefore, there are occasions when a constitutional court is supposed to come up with SOS like indulgence.”

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Bombay High Court
Case BriefsHigh Courts

“The Appellate Tribunal had adopted an unduly hyper-technical approach, thereby defeating the very object and purpose of the special statute, which was in the nature of beneficial legislation enacted to safeguard the rights and interests of senior citizens”.

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