high court Archives

Ker HC | Endeavour of every Judge should be to get rid of his personal predilections and prejudices and to decide cases dispassionately, and not to recuse whenever his or her actions are questioned

Kerala High Court: V.G. Arun J., while disallowing the present petition of transfer, observed, “When the question is one of transfer of

Case Briefs High Courts

Del HC | Can an HIV positive patient be prosecuted for an offence of attempt to murder, if he had sexual intercourse without woman’s consent? Read detailed ruling of HC

Delhi High Court: Vibhu Bakhru, J., observed that If an HIV positive person is aware of their condition and has unprotected sex, the

Case Briefs High Courts

Ker HC | While considering transfer petitions related to matrimonial disputes, the convenience of wife is to be preferred over the convenience of husband; Court reiterates

Kerala High Court: Shircy V. J., while allowing the present petition against the original petition filed in the family court, reiterated, “In

Case Briefs High Courts

Bom HC | Welfare of child as paramount consideration: Father of minor given custody for mother not being able to take care of the child

Bombay High Court: The Division Bench of A.S. Chandurkar and N.B. Suryawanshi, JJ., determined the factors in regard to grant of custody of

Case Briefs High Courts

Bom HC | Protector Turns Predator: 11-year old child subjected to digital penetration and sexual assault; HC upholds lower Court’s decision

Bombay High Court: The Division Bench of Sadhana S. Jadhav and N.J. Jamadar, JJ., pens down the decision in the instant matter with

Case Briefs Supreme Court

Madras HC refuses to decide vires of Section 40(a)(iib) of the Income Tax Act pending assessment proceedings. SC disapproves the approach

“Vires of a relevant provision goes to the root of the matter.”

Case Briefs High Courts

All HC | While exercising inherent jurisdiction under S. 482 CrPC, can High Court make any comment on factual matrix of the case? Court answers

Allahabad High Court: Ram Krishna Gautam, J., held that as per Section 482 Criminal Procedure Code, 1973, while exercising the inherent jurisdiction, High

Case Briefs High Courts

J&K HC | Supervisory jurisdiction is to be exercised sparingly only in appropriate cases for purposes of keeping Subordinate courts and Tribunals within bounds of their authorities; Petition dismissed

Jammu and Kashmir High Court: Javed Iqbal Wani J., while dismissing the present petition, discusses the ambit and scope of Article 227

Case Briefs High Courts

Chh HC | Can an application for anticipatory bail under S. 438 CrPC be filed directly before the High Court? || Thorough Analysis

Chhattisgarh High Court: A Division Bench of Prashant Kumar Mishra and Gautam Chourdiya, JJ., observed that, Application for anticipatory bail under Section 438

Case Briefs Supreme Court

High Court not obliged to frame substantial question of law if no error is found in First Appellate Court’s findings; says SC

Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta* and Ajay Rastogi, JJ has held that the High Court is

Case Briefs High Courts

HP HC | Whether an employee who retired on 31st of a month is entitled to increment which would have fallen due on 1st of the next month; HC elucidates

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., dismissing the present claim against the

Case Briefs High Courts

[Doctrine of Legitimate Expectation] Chh HC | Guest teachers have a legitimate expectation from the ‘State’ to be permitted to continue services until regular appointments are made

Chhattisgarh High Court: Goutam Bhaduri J., allowed the petition by stating that replacing present guest teachers with a new set of appointments

Case Briefs High Courts

HP HC | Exclusive and conscious possession of contraband substance under NDPS Act can be a deterring ground for grant of bail; petition dismissed

Himachal Pradesh High Court: Chander Bhusan Barowalia J., while rejecting the present petition observed that the ingredients of Section 37 NDPS Act

Case Briefs

P&H HC | Live-in relationship can’t be recognized by way of a petition citing threat to life and liberty of couple; Court dismisses the petition

Punjab and Haryana High Court: While dealing with a peculiar set of facts in a petition for protection of life and liberty,

Case Briefs High Courts

Kar HC | Approval from the Medical Council for the purpose of practicing as a private medical practitioner cannot be withheld by the authorities on arbitrary grounds; Writ Petition Allowed

Karnataka High Court: R. Devdas, J., while allowing the present Writ Petition, directed the Medical Council to issue the No Objection Certificate

Appointments & Transfers News

SC Collegium approves proposal for appointment of 2 Additional Judges of Gauhati HC as Permanent

Collegium Resolution Supreme Court Collegium has approved the proposal for appointment of following Additional Judges of Gauhati High Court as Permanent Judges

Case Briefs High Courts

Del HC | Merely because triple talaq has been declared to be void and illegal, it does not mean that legislature could not have made continuation of such practice an offence

Delhi High Court: A Division Bench of Vipin Sanghi and Rajnish Bhatnagar, JJ., in regard to Triple Talaq observed that, Prima facie it

Case Briefs High Courts

Madras HC | “Officials getting salaries in first week every month not conscious to cost of adjudicatory delays”: HC while directing provisional release of confiscated goods

Madras High Court: G.R. Swaminathan, J., directed the confiscated goods to be released on a provisional basis noting the delay on the part

Case Briefs High Courts

Utt HC | Fundamental rule of law is that no decision can be given without the opportunity of being heard; Court allows appeal

Uttaranchal High Court: Lok Pal Singh, J., allowed a writ petition which was filed in the nature of the certiorari, seeking quashing

Case Briefs High Courts

Del HC | “Surprised” at advocates moving Court for legal opinion, HC dismisses application under S. 151 CPC

Delhi High Court: A Division Bench of Rajiv Sahai Endlaw and Asha Menon, JJ., dismissed an application filed under Section 151 CPC