High Courts Archives | Page 24 of 591

Delhi High Court upholds Section 132 of Companies Act; validates NFRA Rules on auditor accountability

By instituting a more structured and stringent framework, Section 132 ensures that audit firms and professionals adhere to internationally recognized standards, thereby fostering greater transparency, accountability, and confidence in financial reporting.

Case Briefs High Courts

Delhi High Court sets aside PMLA proceedings by ED against Bhushan Power & Steel Ltd. in view of Section 32A of IBC

A plain reading of Section 32A IBC reveals that once a resolution plan is approved under Section 31, the Corporate Debtor shall not be prosecuted for an offence committed prior to the commencement of the CIRP. However, this immunity does not extend to the erstwhile officers and persons responsible for the conduct of its business prior to CIRP.

Case Briefs High Courts

‘He could not handle the barrage of abuses on him and his mother’; Bombay HC grants bail to 20-year-old student accused of murdering his bedridden father

“Accused is at the threshold of his adult life, halting his education and subjecting him to further custody at this stage would make it highly likely that he would be entangled in the vicious cycle and downward spiral of criminality making him a hardened criminal posing a future perpetual threat to the society.”

Case Briefs High Courts

“AAG is not public office”; Rajasthan High Court dismisses challenge to Padmesh Mishra’s appointment as AAG in Rajasthan

The Court held that the requirement of 10 years’ experience in High Court/Supreme Court practice, as outlined in the State Litigation Policy, is not mandatory pre-condition for appointment as AAG.

Case Briefs High Courts

Limitation for offence punishable under Section 498-A of IPC commences from the last act of cruelty: Bombay HC

Limitation for prosecution under Section 498-A¹ of IPC does not continue for indefinite period as such interpretation will render Section 468² of CrPC nugatory/otiose for the purpose of Section 498-A of IPC which does not appear to be the legislature’s intention.

Case Briefs High Courts

“Senior citizens have right to peaceful living”; MP High Court upholds Son-in-Law’s eviction from Father-in-Law’s property

The right to peaceful and secure living environment for father-in-law under Maintenance and Welfare of Parents and Senior Citizens Act outweighed the son-in-law’s legal ownership or adverse possession claims.

Case Briefs High Courts

Section 29A of Representation of People Act, 1951 does not confer upon ECI to supervise internal elections of registered political party: Delhi HC

It is not for the Election Commission of India (‘ECI’) to resolve internal management disputes of political parties and in case of any grievance, the remedy may lie in taking recourse to filing a declaratory suit or any other appropriate civil remedy.

Case Briefs High Courts

Orissa HC orders Rs. 1 Lakh compensation to Judicial Aspirant for non-evaluation of an answer in OJS 2022

“The plea for rectification of an unevaluated answer does not involve a challenge to the examiner’s discretion or marking scheme but seeks judicial intervention to correct an apparent omission. Such omissions undermine the credibility of the examination process and can adversely affect the outcome for candidates.”

Case Briefs High Courts

Second wife who was single at the time of marriage cannot be prosecuted for bigamy under S. 494 IPC: Chhattisgarh HC

“A person who is single marrying another whose marriage is subsisting is not liable under Section 494 IPC, but the person whose marriage is subsisting would be liable.”

Case Briefs High Courts

Missing persons cases can’t be brought under Habeas Corpus, unless illegal detention is established: MP High Court

“Cases of missing persons are to be registered under the regular provisions of the Penal Code and the Police officials concerned are bound to investigate the same in the manner prescribed under the Code of Criminal Procedure.”

Case Briefs High Courts

Delhi High Court reschedules Bar Association elections to 28-02-2025 following Supreme Court directives

The Supreme Court, in its order dated 19-12-2024, provided specific guidelines regarding the reservation of posts for women and the election process. These directions necessitated a review of the existing election framework by the Delhi High Court, which had earlier scheduled the elections for 07-02-2025.

Case Briefs High Courts

‘Epitome of Frivolity’; Gujarat HC slams applicant for ill-intentioned contempt plea against Advocates & Judges

“It appears that a deliberate attempt has been made to demean the functioning of the Court by filing this application by conflating two entirely different issues, though an alternative approach is available.”

Case Briefs High Courts

‘Cannot direct the University to lower cut-off standard’; Bombay HC upholds cancellation of admission after 2 years due to insufficient International Baccalaureate points

If the University gave necessary accommodation of issuing provisional eligibility based on predicted marks and then if the student does not actually score as per prediction, then the College or the University cannot be blamed.

Case Briefs High Courts

Delhi High Court grants ad interim injunction to leading pharmaceutical company NOVARTIS; restrains use of NOVITAS mark

The plaintiffs submitted that the confusingly similar trade mark in the field of pharmaceuticals, create greater injury as compared to products and services in other fields.

Case Briefs High Courts

MP High Court disposes of Guest faculty’s plea alleging coercion by college authorities to join RSS; State assures prompt action against authorities

The petitioner stated that college authorities compelled him to participate in activities of the Rashtriya Swayamsevak Sangh (RSS) which does not align with his personal beliefs.

Case Briefs High Courts

Yoga certificate not valid sports certificate for purpose of awarding bonus marks for PT Instructor recruitment: Rajasthan High Court

As per Ministry of Youth Affairs and Sports notification dated 21.12.2016, Yoga is not recognized as a sport.

Case Briefs High Courts

Delhi HC rejects plea against ‘2020 Delhi’ movie trailer allegedly based on 2020 Delhi Riots, calls petition ‘premature’

The petitions raise a common grievance that a Movie titled as “2020 Delhi” of which a ‘trailer’ is accessible on social media, depicts a highly prejudicial and distorted account of the riots that took place in North-East Delhi in February, 2020, and thereby create a false and disruptive narrative having serious repercussions.

Case Briefs High Courts

Kerala HC directs AWHO to demolish and reconstruct towers built for defence personnel to prevent casualties

The Army Welfare Housing Organisation (‘AWHO’) will pay the owners of Tower B and C, who were residing as of 29-03-2024, Rs 21,000 and Rs 23,000 respectively per month towards the expenses for alternate accommodation until reconstruction.

Case Briefs High Courts

Persons not having birth certificate due to socio-economic backwardness cannot be denied opportunity of competing in sporting events: Delhi HC

“This Court cannot be oblivious of the fact that on account of socio-economic backwardness, it may not have been feasible in some cases, to obtain the birth certificates/other documents evidencing the age of the person within certain years from the date of birth.”

Case Briefs High Courts

Mere threats not with intention to cause alarm would not constitute criminal intimidation; Delhi High Court upholds discharge of accused in sexual assault case

While framing of charges, the Court ought to look at the limited aspect of whether, given the material placed before it, there is grave suspicion against the accused which is not properly explained. Though, for the purpose of conviction, the same must be proved beyond reasonable doubt.