High Courts

Menstrual Leave Policy across sectors
Case BriefsHigh Courts

“While the organised sectors may be regulated through government orders and legislative intervention, the unorganised sector requires a more facilitative mechanism. However, beyond regulatory frameworks, what remains imperative is, a sustained and pervasive effort to sensitise all segments of society, reaching every corner of the State to foster awareness, empathy and compliance.”

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Advocate can't plead as petitioner in PIL to advance cause of clients
Case BriefsHigh Courts

“An advocate, who is approached by his clients for redressal of the grievance, cannot be permitted to become a petitioner and file PIL advancing cause of his clients. The conduct may amount to professional misconduct.”

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Disqualification in Cricket Bodies
Case BriefsHigh Courts

“The object of prescribing disqualification upon competition of a cumulative period of 9-years coupled with a cooling-off period, is to avoid development of vested interests over the administration and management of cricketing bodies.”

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SIR deletion Right to participate in elections
Case BriefsHigh Courts

“Every resident of the local self-government has a right to participate in the electoral process and the only condition is that he should be on the electoral roll.”

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company's digital asset misappropriation
Case BriefsHigh Courts

“In the case at hand, the issue is not purely civil in nature, it has all the hues and forms of cyber crime and not a run on the mill allegation. It is the allegation of downloading, copying, deletion of source code, proprietary data, and confidential digital assets. All these are hues and forms of cyber crime and cyber crime investigations are highly technical and complex involving forensic reconstitution of data.”

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Instagram reel supporting Iran
Case BriefsHigh Courts

The accused persons had posted an Instagram reel where they, along with others, stating, “Iran Ka Sath Dene Ja Rahe Hai Sab Milkar Allahu Akbar Hindustan Ka Musalman Na Kal Dara Tha Na Ham Aaj Darengey.”

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maintenance denied to wife
Case BriefsHigh Courts

The Court held that there was no error in the jurisdiction or reasoning in the impugned order because as per admitted income of the wife, her monthly income would be Rs 1.66 lakhs, and even if it had been reduced, it would still be 1.25 lakhs.

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Pending case involving trivial allegations cannot bar public employment
Case BriefsHigh Courts

“The allegations, on the face of record, appear to be trivial in nature and arise out of a domestic dispute, having no bearing on the discharge of duties attached to the post in question.”

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Police Protection to Live-in couple despite marital status
Case BriefsHigh Courts

‘Since the petitioners are both Indian national citizens, they are well and truly entitled to the protection as available to them in the form of the guarantees and fundamental right(s), enshrined under Article(s) 19 and 21 of the Constitution.’

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Presidential Order prevails over State Service Rules
Case BriefsHigh Courts

“When the executive authority, entrusted with the implementation of the Service Rules, concedes their incompatibility with the governing constitutional instrument, the Court cannot sustain their validity.”

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Civil Court jurisdiction barred under section 430
Case BriefsHigh Courts

“A mere communication addressed by any person directing another person to do an act cannot by itself operate as an injunction.”

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Maternity Benefit Act Applies to Guest Faculty
Case BriefsHigh Courts

“The petitioner was granted the benefit of maternity leave without fulfilling the requirement of eighty working days at the ‘Establishment’ in the preceding twelve months by the MP High Court.”

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Judicial interference in transfer of government servant
Case BriefsHigh Courts

“If the courts continue to interfere with day-to-day transfer orders issued by the Government, there will be complete chaos in the administration, which would not be conducive to public interest.”

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Actual possession
Case BriefsHigh Courts

The State Authority has to protect the parties but if actual possession is there they cannot be dispossessed by proceeding under Sections 164/165 BNSS except in accordance with law by the order of Court.

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brief cohabitation cannot confer status of valid marriage
Case BriefsHigh Courts

“Although the defendants claimed that the marriage was solemnised in accordance with the local custom known as Riwaj-e-Aam, no instances of such custom were cited, nor did their witness depose that any such custom was prevalent in the area. Similarly, cohabitation for a short duration of 7—8 months cannot justify a presumption of a valid marriage.”

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Interim Compensation
Case BriefsHigh Courts

The Court stated that an interim order is ordinarily passed where there is an immediate threat to life and the applicant lacks any means of support except the interim relief sought.

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delay under Section 33-C(1) ID Act
Case BriefsHigh Courts

“It is well settled that, in case of conflict between form and substance, substance must prevail, unless the law expressly mandates strict adherence to the form as well.”

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illegal ostracism orders by village panchayat
Case BriefsHigh Courts

“The respondents are directed to conduct enquiry independently in this regard and ensure that no injustice is caused to the petitioner by violating her fundamental rights as contemplated under Article 21 of the Constitution.”

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cyber crime a silent virus
Case BriefsHigh Courts

“While adjudicating the bail pleas, particularly in cases concerning cybercrimes and online fraud, necessitates a meticulous evaluation of several pivotal factors. Paramount among these is the inherent gravity and seriousness of the offence, coupled with its potential societal ramifications.”

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Guardianship and Wards Act applies to Muslims
Case BriefsHigh Courts

“Section 6 of the Act does not bar any class of persons from approaching the Court; rather, it operates in the context of recognising certain categories of guardians. The Act nowhere provides that persons professing Muslim law are precluded from seeking relief under it.”

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