High Courts Archives | Page 124 of 591

Calcutta High Court sets aside Issuance of Process; remands matter to Magistrate for compliance with Section 202 of CrPC

Whether the process issued against the petitioner by the Magistrate was valid considering the petitioner’s residence outside the territorial jurisdiction of the Magistrate?

Case Briefs High Courts

Tripura HC upholds discharge order of Judicial Officer, who approached Minister of State for Social Justice and Empowerment for his transfer

“The service rule of petitioner being a Judicial Officer is covered by Tripura Judicial Service Rules, 2003 and the ambit of Article 311 of the Constitution pertains to permanent employees and not probationer Judicial Officer.”

Case Briefs High Courts

Telangana High Court directs CBFC to reconstitute Revising Committee and decide certification of film ‘Vyuham’ on or before 09-02-2024

“The freedom of expression is a fundamental right in a democratic society which is governed by a rule of law. The producer of the film has a fundamental right under Article 19 of the Constitution which permits him to allude to true incidents with his perspective.”

Case Briefs High Courts

‘Director’s liability without company’s inclusion is unlawful’; Calcutta High Court quashes criminal proceedings due to violation of Section 46B of the Bengal Excise Act, 1909

Calcutta High Court deemed the criminal proceedings an abuse of the process of law and allowed the revisional application.

Case Briefs High Courts

Madras HC dismisses plea praying for dissolving National Commission for Scheduled Caste

“NCSC is a Constitutional body and functionary. It is constituted with an avowed object for the benefit of the Scheduled Caste people”

Case Briefs High Courts

‘Limitation period for arbitration to be decided by Arbitral Tribunal while passing order u/s 20 of A&C Act’; Telangana HC appoints nominee arbitrator u/s 11(6)

“It is a well-settled law that while deciding the question of appointment of arbitrator, the Court shall not touch the merits of the case as it may cause prejudice to the case of the parties.”

Case Briefs High Courts

‘Incidents of sexual exploitation in this case unveiled a troubling reality’: Delhi HC denies anticipatory bail to husband accused of sexually abusing his wife

“Considering the gravity of the offence committed by the husband, and the thought process that, as a husband, he was entitled to sexually, physically, and economically abuse his wife to the extent as mentioned in the complaint, goes against the very intent of the law of this country.”

Case Briefs High Courts

Suit not barred for want of Notice under S. 326 of U.P. Municipalities Act if it defeats the purpose of Injunction suit; Allahabad HC upholds Civil Judge order

“Whether the suit is barred by any law must be determined from the statements in the plaint and it is not open to decide the issue on the basis of any other material including the written statement in the case.”

Case Briefs High Courts

‘Pay additional Rs 20 lakhs compensation to families of people who died due to manual scavenging’; Delhi HC directs Union of India

“When a person approaches the court and gets a declaration of law in his favour, it is expected that the State shall extend the same benefit to all the similarly situated persons without forcing those persons to approach the court of law.”

Case Briefs High Courts

Madras HC directs Health & Family Welfare Dept. to appoint Chairman and Members of State Allied and Healthcare Council

“The Committee constituted shall with the assistance of competent authorities conduct periodical inspections in the Clinical Establishments across the State and ensure that the qualified technician and employees are working there, and the medical services are provided in accordance with law and in the prescribed standards as contemplated under NCAHP Act and Rules.”

Case Briefs High Courts

[PASA, 1985] Mere registration of FIR cannot have nexus with breach of maintenance of public order; Gujarat HC quashes preventive detention order against step-father

A detention order was passed by the Police Commissioner, Surat, against the victim’s step-father and was detained under the Gujarat Prevention of Anti-social Activities Act, 1985 as a sexual offender for disturbing the ‘public order’.

Case Briefs High Courts

Electricity Department cannot escape its responsibility of paying compensation to dependents of electrocuted victims by citing negligence on victim’s part: Chhattisgarh HC

“The law of limitation in India identifies the need for limiting litigation by striking a balance between the interests of the state and the litigant. So, when the beneficiaries, for a cause of action, are minors, it cannot be said that they are sleeping over their rights.”

Case Briefs High Courts

Parties conducting Inter religious marriage must ensure compliance of Ss. 8 & 9 of UP Prohibition of Unlawful Conversion of Religion Act: Allahabad HC

Allahabad High Court granted liberty to the petitioners to file a fresh petition after ensuring compliance of Sections 8 and 9 of UP Prohibition of Unlawful Conversion of Religion Act, 2021.

Case Briefs High Courts

CBI not totally exempted from RTI Act; Delhi High Court orders for disclosure of information in AIIMS corruption case

This is not a case where sensitive information has been collected by the CBI and the disclosure of which would be prejudicial for the officers involved. This is also not a case where information is so sensitive that it cannot be shared with the public at large.

Case Briefs High Courts

Unanimity on Questions of Law; differences on Questions of Facts: Division Bench refers matter to Calcutta High Court Chief Justice for resolution by third Judge

The Division bench agreed to the monthly occupation charges but disagreed on the time period for payment.

Case Briefs High Courts

‘Mere allegation that prosecutrix may be a member of gang of honey trapping, not sufficient to direct further investigation u/s 173(8) CrPC’; Delhi HC imposes Rs 20,000 costs

“The objective for ‘further investigation’ is to find the truth and bring evidence on record for ensuring substantial justice. However, this right does not extend to mere ‘reinvestigation’ or ‘fresh investigation’ to be started ab initio.”

Case Briefs High Courts

‘A mere undertaking does not create charge without transfer of interest’; Calcutta High Court dismisses application seeking rejection of plaint

Calcutta High Court stated that the defendant did not produce any documents to prove he has complied with his obligation under MOU, leading to its cancellation.

Case Briefs High Courts

Calcutta High Court upholds amendment to written statement under Order VI Rule 17 CPC, emphasising necessity for effective adjudication

The Calcutta High Court noted that the amendment did not change the suit’s nature fundamentally and would not cause undue prejudice to the petitioner.

Case Briefs High Courts

Bombay HC quashes Rs 150 bribe case against Primary School Junior Clerk for want of previous sanction under PC Act

Bombay High Court explained that the instant case did not pertain to defective sanction.

foeticide not ethical if no danger to carry on pregnancy

Case Briefs High Courts

Foeticide neither ethical nor legally permissible, if no danger to carry on with pregnancy with healthy and viable foetus: Delhi High Court

“If the petitioner is inclined to give the newborn child to adoption, then the petitioner is at liberty to approach the Union of India and the Union of India is directed to ensure that the process of adoption takes place at the earliest and in a smooth fashion.”