High Courts Archives | Page 26 of 591

Gauhati HC takes suo motu cognizance of Umrangso Coal Mine Tragedy; directs filing of status report by State on actions taken against rat-hole mining

The Court took note of the fact that in Karbi Anglong District, rat hole mining is rampant, and it is either going unnoticed or authorities are not taking any action to stop them, despite having knowledge.

Case Briefs High Courts

Human Rights Commissions not meant to be ‘toothless tigers’; must be ‘fierce defenders’ safeguarding the right to live without fear and with dignity: Delhi HC

Human rights are not ordinary rights. These rights are integral to Article 21, which recognizes the right to life. The reports and recommendations of Human Rights Commissions are needed to be treated with seriousness and not rendered edentulous or pointless.

Case Briefs High Courts

‘Individual’s liberty cannot be curtailed merely because he participated in political rally that later turned violent’; Bombay HC quashes preventive detention order

Respondents have not taken recourse to the procedure contemplated by Section 7 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981, which provides for procedure to be adopted in case where the detenue is absconding.

Case Briefs High Courts

‘Disdainful disregard’ by the Government of its constitutional obligation; Delhi High Court slams Delhi Govt for delaying 14 CAG Reports

The Court observed that there has been an inordinate delay on the part of the Government of NCT of Delhi in taking requisite steps for laying the CAG Reports before the Legislative Assembly.

Case Briefs High Courts

Are married individuals, in live-in-relationships with others, entitled to police protection? Rajasthan High Court refers matter to larger bench

“Live-in-relationship is an agreement in which two persons live together in a short or long term relationship. The Hindu Marriage Act, 1955 does not recognise the concept of live-in-relationship. Even in Muslim Law, no recognition has been given to such relationship.”

Case Briefs High Courts

All wrong cannot be cured by the writ Court; Calcutta High Court dismisses petition by Vishva Hindu Parishad for book stall request at International Kolkata Book Fair

Kolkata is widely known and recognized for literary works. There are similar fairs and events, may not be of the same scale, organized in various parts of the State. The petitioners would be hardly prejudiced if they are not able to participate in the subject fair. The petitioners can always showcase their books and news articles elsewhere and there is absolutely no restriction in doing so.

Case Briefs High Courts

Releasing pleadings and documents to media before Courts had the opportunity to consider the same, is not acceptable: Delhi High Court

The language in the legal notice completely scandalises the Court and raises baseless allegations and aspersions against the administration of justice by the Court by raising doubts about the functioning of the Registry of this Court.

Case Briefs High Courts

Sexual assault against minors also attacks their innocence and sense of safety; often leave permanent psychological scars: Delhi HC dismisses bail application of POCSO accused

“It is a stark reminder of an unfortunate reality frequently observed by courts, where acts of sexual assault against children were often committed by individuals who occupy positions of trust or confidence in the child’s life. Such relationships of familiarity and trust not only provide perpetrators access to the child but also magnify the betrayal and lasting impact of the crime.”

Case Briefs High Courts

‘Audi alteram partem cannot be used to cure self-suffered wound’; P&H HC refuses relief to electricity firm that overcharged residents

The Court held that the petitioner approached the Court raising hue and cry about the violation of the principle of natural justice with an oblique motive to create a defence at the appellate stage, immediately after the culmination of the proceedings before the Consumer Forum.

Case Briefs High Courts

‘Immunity granted under S.35 of Maharashtra Village Panchayats Act, 1959 is for post and not person’; Bombay HC sets aside notice of no confidence motion against woman sarpanch

The Sarpanch is a post conferred upon a person and therefore, the term ‘Sarpanch’ as well as the post of Sarpanch cannot be distinguished as both have identical meanings in common parlance.

Case Briefs High Courts

‘Casual approach unmindful of law of limitation’; Delhi HC denies condonation of delay to Railways in appeal against compensation of Rs 6 Lakhs

“Consideration to condone can be made only if there is a reasonable explanation and the condonation cannot be merely because the appellant is a Government body where procedural and bureaucratic delays are well known.”

Case Briefs High Courts

‘No difference if law graduate candidate not enrolled’; Chhattisgarh HC allows candidates without Bar Enrollment to appear in Civil Judge Exam

“In a selection process, the scope of the candidates for participation should not be narrowed down by imposing unwarranted conditions rather more candidates should be allowed to participate so that better qualified candidates may be selected.”

Case Briefs High Courts

Delhi High Court rejects anticipatory bail to wife accused of inflicting severe burns on husband with boiling water and red chilli powder

Men who are victims of violence at the hands of their wives often face unique difficulties, including societal disbelief and the stigma associated with being perceived as a victim. Such stereotypes perpetuate the erroneous belief that men cannot suffer violence in domestic relationships.

Case Briefs High Courts

Delhi HC grants bail to four co-owners of coaching centre basement in flooding case leading to death of three civil services aspirants

The Court directed the applicants (‘accused persons’) to make their voluntary donation of Rs. 5 lakhs with Delhi State Legal Services Authority (‘DSLSA’), within two weeks, towards the welfare of the families of the deceased. The member secretary, DSLSA, shall then consider the claims from the families of deceased and issue direction for disbursal of the said amount after due consideration.

Case Briefs High Courts

‘Principles of natural justice thrown to the winds’; Bombay HC stays license suspension order of female advocate for alleged misconduct

A party to the proceedings being not informed of the jurisdictional authority which decides the complaint itself is fatal to all norms of fairness.

Case Briefs High Courts

‘Merely smoking is no ground to conclude that victim is of deviant character’; Kerala HC upholds conviction u/s 377 IPC

“Youngsters are prone to commit mistakes/follies during their teens or young age for which they cannot be branded as deviant and wholly unreliable.”

Case Briefs High Courts

Bombay HC grants bail to IIM graduate for drunk driving; directs community service holding a ‘Don’t Drink and Drive’ banner

The accused, a 32-year-old MBA graduate from Indian Institute of Management, Lucknow, was incarcerated for almost two months for drunk driving, violating check posts and damaging police barricades.

Case Briefs High Courts

Rule 11(1)(v) of Rajasthan Parole Rules recognises wife’s impending delivery as valid ground for emergent parole: Rajasthan High Court

“Without any justified reason, the application filed by the petitioner has not been decided by the District Magistrate/ District Committee. Aforesaid act of the authorities is not in consonance with the mandatory provisions contained under Rule 23 of the Rule of 2021.”

Case Briefs High Courts

Punjab and Haryana HC denies relief under Section 21 of Extradition Act to alleged gangster Sukhpreet Budha

The Court held that he was not aided by Section 21 since he was not extradited by the Union of India from Armenia but instead came of his own volition.

Case Briefs High Courts

‘No other evidence except victim’s bare words’; Bombay HC acquits father for allegedly having sexual intercourse with daughter

“It was suggested that the victim girl lodged a false report against her father because the father did not give green signal to her marriage with the boy to whom she wanted to marry.”