High Courts Archives | Page 119 of 591

[Mogappair Eri Scheme] Madras HC sets aside discharge of Tamil Nadu Rural Development Minister I.Periyasamy in corruption case

The legitimacy of the administration of criminal justice will be eroded, and public confidence shaken if MLA’s and Ministers facing corruption cases can short-circuit criminal trials by adopting the modus operandi that has been carried out in this case.

Case Briefs High Courts

Delhi HC directs Government of Delhi to complete selection process in Child Welfare Committees and Juvenile Justice Boards by 15-04-2024

“The delay in timely addressal of rehabilitation and repatriation procedures directly impacts the well-being and rights of children, as they remain in vulnerable situations for prolonged periods without adequate support and intervention.”

Case Briefs High Courts

Calcutta High Court sets aside New Town Kolkata Development Authority’s order to file fresh plan for entire ‘Rosedale Garden Complex’ Project

Calcutta High Court opined that the “allegations of encroachment are essentially a title dispute which is beyond the jurisdiction of a Writ Court.”

Case Briefs High Courts

DJS-2023| ‘Objections taken by any candidate attain universality’: Delhi HC grants marks to candidate who did not earlier file an objection to question

“Since this a case that brings to the fore a palpable error, the Court, which is otherwise wary of entering an arena reserved for the experts, is constrained to entertain the writ petition and grant the necessary relief.”

Case Briefs High Courts

Delhi High Court holds NHPC entitlement as decree enforceable in law; Grants execution of arbitral award

If the part of an Award proposed to be annulled is independent, stands unattached to the other part and can be validly incised, the partial setting aside would be valid and justified. The same also applies to execution proceedings.

Case Briefs High Courts

‘Can’t approach Writ Court to enforce Contract of personal service’; Calcutta High Court dismisses Writ Petition on Termination of Employment by Private School

Calcutta High Court held that a party can resort to the writ jurisdiction only if there involves public law element and not to enforce a contract of personal service, including all matters relating to the service of the employee-confirmation, suspension, transfer, termination, etc.

Case Briefs High Courts

‘No bonafide use of mark in relation to rice’; Delhi HC directs Registrar of Trade Marks to remove Chaman Lal Sachdeva’s mark ‘AL-WALIMAH’ due to non-use

“The investigation report, prima facie, reveals that the mark ‘AL-WALIMAH’ is never used by Respondent 1 and no rice product under the impugned mark is found in the market survey of relevant shops, nor did any shopkeeper expressed any knowledge in that regard.”

Case Briefs High Courts

Allahabad HC rejects Masjid Committee’s plea against order permitting Hindus to pray in Vyas ji tehkhana inside Gyanvapi Mosque

“Article 25 of the Constitution of India grants freedom of religion. The Vyas family who continued performance of religious worship and rituals in the cellar could not be denied access by oral order. A citizen right guaranteed under Article 25 cannot be taken away by arbitrary action of State”

Case Briefs High Courts

Punjab and Haryana HC ask Haryana Shehri Vikas Pradhikaran to assign reasons for cancelling auction of Gurugram plot

It was alleged that HSVP exercised unfettered powers and cancelled the auction of the plot without providing any reason or jurisdiction.

Case Briefs High Courts

Calcutta High Court directs State to modify MR Distributorship vacancy notification to ensure uniformity and transparency

Calcutta High Court refused to cancel the impugned Notification as the vacancy in question could not be filled up for more than 20 years due to one litigation after another.

Case Briefs High Courts

‘Compliance with Ss. 15-A(3), 15-A(5) of SC & ST Act mandatory’; Delhi HC sets aside bail order granted without hearing the victim

“It is mandatory for the Court to issue a reasonable notice of any Court proceedings, including any bail application filed by the accused, to the victim and the victim or the dependent of a victim has a right to be heard at any proceeding under the Scheduled Castes and the Scheduled Tribes Act (Prevention of Attrocities), 1989.”

Case Briefs High Courts

Chhattisgarh HC directs to conduct DNA profiling test of a doctor accused of rape u/s Section 376(2)(n) of IPC

“The petitioner, petitioner’s husband along with both the daughters are living together in love, care and harmony and pray that a direction be issued to the concerned authorities to conduct DNA profile test of Respondent 3 including the petitioner and her daughter.”

Case Briefs High Courts

‘Returning Officer has power to alter election schedule’; Calcutta High Court directs to reschedule West Bengal Dental Council’s Election

Calcutta High Court emphasised on the importance of conducting the elections to avoid a “headless state of affairs” in the Council and to uphold the democratic process.

Case Briefs High Courts

Manipur High Court deletes its 2023 direction for considering inclusion of Meitei Community in Scheduled Tribe list

The Manipur High Court vide order dated 27-03-2023 directed the State to consider the inclusion of the Meitei Community in the Scheduled Tribe list, expeditiously, preferably within a period four weeks from the date of order.

Case Briefs High Courts

No recovery of excess payment from employee’s leave encashment benefit after retirement in case payment was made due to employer’s fault: Orissa HC

“The employer authority erred in deducting the excess payment made to the Government employee from his leave encashment benefits and thus, the action was not acceptable and the same was invalidated”.

Case Briefs High Courts

Calcutta High Court directs addressal of petitioner’s grievance regarding Teacher-in-Charge’s misconduct and fund misappropriation

Calcutta High Court emphasised on the importance of considering representations submitted by individuals, especially in cases involving allegations against authority figures within educational institutions.

Case Briefs High Courts

Delhi HC issues notice in PIL challenging constitutional validity of provisions of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

“By excluding persons engaged in cleaning of excreta with the help of protective gear from the definition of ‘manual scavengers’, has deprived them of the benefits pertaining to rehabilitation, scholarships, etc. for which they are equally eligible.”

Case Briefs High Courts

Delhi High Court | Student’s failure to upload Domicile Certificate does not bar Class XII CBSE Exam Appearance

Having applied to obtain the domicile certificate, ensuring that she received it before uploading her application for appearing in the Class XII examination was beyond her control. The law does not compel the performance of the impossible.

Case Briefs High Courts

Allahabad HC grants relief to Syed Wasim Rizvi for writing derogatory remarks against ‘adorable personalities’ of Sunni Sect in Ram Ki Janmabhoomi film

Syed Waseem Rizvi was former Uttar Pradesh Shia Central Waqf Board chairman has renounced Islam and converted to Hinduism. He has taken a new name, Jitendra Narayan Singh Tyagi after accepting Hinduism

Case Briefs High Courts

Delhi High Court grants ex parte interim injunction against Geetanjali Salon in copyright infringement case

Delhi High Court held that the plaintiff, PPL India, established a compelling case of copyright infringement against Geetanjali Salon, the defendants, with a clear imbalance of convenience favoring the plaintiff’s protection of intellectual property, an interim injunction is granted to halt the defendants’ unauthorized use of copyrighted materials.