High Courts Archives

Madras High Court| Notification permanently banning sale of tobacco and its products is beyond the scope of powers of Food safety Commissioner

The Commissioner, Food Safety, by issuing successive notifications under Section 30(2)(a) cannot impose an almost permanent ban on a food product, as it is not contemplated by law and if allowed, will amount to doing violence to the provisions.

Case Briefs High Courts

Delay in Divisional Commissioner’s approval cannot disentitle teachers from additional increment: Bombay High Court

Bombay High Court found the petitioners entitled to grant of additional increment to District Awardee Teachers in terms of the Government Circular. The Court held that delay in Divisional Commissioner’s approval to their selection cannot disentitle them from getting such additional increment.

Case Briefs High Courts

Delhi High Court issues guidelines for medical examination of pregnant rape victims exceeding 24 weeks; allows termination of pregnancy of around 25 weeks of a minor child

The Delhi High Court allowed termination of pregnancy of around 25 weeks of a minor child and further directed the SHO concerned to ensure that after the medical termination and the period of rest, the minor child was admitted to a Government school, so she could continue studying further.

Case Briefs High Courts

[Sexual Harassment]: Sexism not acceptable or cool; Boys should understand ‘No’ means ‘No’: Kerala High Court suggests including lessons in good behaviour and etiquette in curriculum

Kerala High Court directs college authorities to constitute a ‘Collegiate Students Redressal Committee’ after the Internal Complaints Committee report found the student guilty of sexual harassment, without giving him an opportunity of being heard. The Court noted that teachers must be encouraged to instill virtues and values in students from primary level.

Case Briefs High Courts

Madras High Court grants Rs.10 lakhs compensation to victims suffered burn injuries due to illegal waste management

The damage and injury suffered by the children can very well be imagined. They have suffered disfiguration, lost friendship and company and suffered studies . Their marital prospects have become a serious question mark. No amount of compensation can give back what they lost. Considering the overall facts and circumstances, the Court granted them compensation of Rs. 10.00 lakhs each.

Case Briefs High Courts

Inability to produce required documents due to COVID-19 lockdown; Gujarat High Court quashes reassessment order

Gujarat High Court observed that due to COVID-19 lockdown it was impossible for the petitioner to get Form-F and denying adjournment after taking note of this fact results in breach of principle of natural justice.

Case Briefs High Courts

Vehicle piloting or accompanying another vehicle transporting Narcotic Drug and Psychotropic Substances cannot be held as vehicle used as conveyance in carrying the contraband; Kerala High Court orders release of piloting vehicle

Kerala High Court heldthat only the vehicle used in carrying any narcotic drugs or psychotropic substances can be confiscated under Narcotic Drugs and Psychotropic Substances Act, 1985.

Case Briefs High Courts

Provisional Attachment Order rests merely on an assumption of ED; Delhi High Court quashes Order passed by ED being arbitrary and illegal

The writ petitions raise an important question relating to the powers of the Enforcement Directorate (ED) to provisionally attach properties under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) even though no proceedings relating to the predicate offense may have been initiated by the competent agency functioning under an independent statute and in terms of which the scheduled offense stands created.

Case Briefs High Courts

[Congress MPs Mass Resignation] Advocate General alleges all 91 MLAs have withdrawn their resignation applications; Rajasthan High Court directs them to be placed on record

The Court however, noted that neither the copies of the application for withdrawal of resignations nor the order of the Speaker refusing to accept the resignation were placed on record. In addition, the respondents did not even clarify as to what ought to be the fair and reasonable time for taking decision when such resignations are tendered.

Case Briefs High Courts

“The right to choose lies with the petitioner and not the Medical Board”, Bombay High Court allows termination of pregnancy of 32 weeks

Bombay High Court upheld the petitioner's right to choose termination of pregnancy. ‘The Court considers this petition as an appeal not only to the judicial mind, but to the moral conscience that must accompany it.'

Case Briefs High Courts

“Fundamental Right to Speedy Trial has been violated”: Allahabad High Court quashes criminal proceedings in electricity theft case, pending for more than 18 years

The Right of speedy trial is a fundamental right, and its violation causes prejudice even to the accused person

Case Briefs High Courts

Delhi High Court quashes FIR registered against the law intern who projected himself as a proxy counsel on the instructions of his Advocate

The Delhi High Court quashed the FIR registered against the law intern who projected himself as a proxy counsel on the instructions of his Advocate and the Court observed that the law interns who were merely students should be counselled, properly informed, and instructed instead of registering FIRs against them.

Case Briefs High Courts

Kerala High Court directs Central and State Government to consider penalty against obstruction of free flow of traffic at toll plaza

The Court said that the National Highways Authority and the Concessionaire are bound to device ways and means to ensure smooth and uninterpreted flow of traffic through the Paliyekkara Toll Plaza with immediate effect.

Case Briefs High Courts

Allahabad High Court orders interim stay on the GST demand of Rs. 1,081 crores against Paytm’s parent company, One 97 communications

Allahabad High Court adjourned the tax writ of Paytm’s parent company, will decide the issue that whether the supply of mobile recharge coupons and DTH recharge vouchers to recipients, who are in other States, would be interstate supply or intra-state supply.

Case Briefs High Courts

Several questions are unanswered by the NIA in Antilia Bomb Scare case; Bombay High Court rejects bail to Pradeep Sharma for alleged involvement in Mansukh Hiren murder case

NIA has not done an investigation with respect to the co-conspirators involved in planting gelatin sticks in the Scorpio vehicle. We hope and trust that NIA, in right earnest, will investigate this aspect since further investigation under Section 173(8) is pending.

Case Briefs High Courts

[Arbitration Agreement] Delhi High Court reiterates the law of interpretation with respect to two inconsistent clauses of a same instrument/document/deed

Where there exists any iota of inconsistency between two provisions of a same instrument, the former clause shall prevail over the latter one

Case Briefs High Courts

Clauses in Information Brochure based on statutory Master Circular is enforceable; Bombay High Court sets aside Administrator decision to write down AT-1 bonds once Yes Bank stood reconstituted

The clauses in the Information Memorandum are based on the Master Circular which is issued by the Reserve Bank under its statutory powers. Information Memorandum and its clauses refer to Master Circular. The said Information Brochure has a statutory flavour. In that event, the agreement would have a statutory base and such an agreement can certainly be enforceable.

Case Briefs High Courts

Punjab and Haryana High Court directs restoration of pension to remarried widow

The Court held that Rule 12-A of the CCS (Extraordinary Pension) Rules specifically permits a widow of an employee who remarries deceased husband's brother to get extraordinary pension.

Case Briefs High Courts

“The problem of toxic work culture is problem plaguing all booming economies”; Delhi High Court grants anticipatory bail to the Secretary of Central Board of Irrigation and Power accused of abetting suicide

Delhi High Court opined that death caused due to overwork and toxic work environment is a social problem which requires the government, the labour unions, the health officials and corporates to formulate appropriate policies.

Case Briefs High Courts

Delhi High Court | Divorced/Widowed daughter to be regarded as an unmarried daughter under the Swantantrata Sainik Samman Pension Scheme

The Delhi High Court remarked that the expression “unmarried” adverts to a person who is not married. It includes a woman who is single i.e., who was married but divorced and even a woman who is widowed.