High Courts Archives | Page 360 of 591

[NI Act] Kar HC | In a case where both the complainant and the accused remained continuously absent, Court ought to have “dismissed the complaint for non prosecution under S. 256 CrPC and not on merits”

Karnataka High Court: John Michael Cunha J., allowed the appeal and set aside the impugned judgment. The case involves default under Section

Case Briefs High Courts

Jhar HC | Whether Speaker has the power to take suo moto cognizance to treat a case under Schedule X of the Constitution; HC enumerates

Jharkhand High Court: A Division Bench of Dr Ravi Ranjan, CJ. and Sujit Narayan Prasad, J., allowing the present petition, discussed the

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Del HC | Can Internal Complaints Committee make comments on personal conduct of parties? Read what HC says about ‘Moral Policing’ and ‘Consensual Relationships’

Delhi High Court: Pratibha M. Singh, J., observed that: Complaints of sexual harassment are initially filed with enormous reluctance. The power of

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Bombay HC allows benefit of EWS quota to student from Maratha caste albeit a rider

Bombay High Court: The Division Bench of S.V. Gangapurwala and Shrikant D. Kulkarni, JJ., directed that the petitioner, belonging to the Maratha caste,

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Del HC reiterates SC’s position on “duty of the Courts to encourage genuine settlements of matrimonial disputes”

Delhi High Court: Anu Malhotra, J., dismissed the petition in view of the dispute being settled mutually. The instant petition sought quashing of

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Del HC | ‘Service Matter’ concerning persons working under Central Govt. Hospitals under Ministry of Railways. Under which provision will they be governed? HC states

Delhi High Court: Jyoti Singh, J., held that ‘service matter’ concerning the persons working in various Central Government Hospitals under the Ministry

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All HC | ‘Grown up adults, well aware about consequences of alleged relationship, have fundamental right of privacy’: Court while restraining any coercive action against person booked under U.P. Anti-Conversion Ordinance

Allahabad High Court: The Division Bench of Pankaj Naqvi and Vivek Agarwal, JJ., directed for no coercive action to be taken against a

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Del HC | Can continuing with an intimate relationship involving sexual activity over a significant period of time, be construed as involuntary? Court answers

Delhi High Court: Vibhu Bakhru, J., observed that it is difficult to accept that continuing with an intimate relationship, which also involves engaging

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All HC | In case owner of vehicle does not intimate Insurance Company about the accident, can Insurance Company be exempted from paying interest? HC explains

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., observed that if the insurance co. will not be liable to pay interest, then it

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Del HC | [InterDigital v. Xiaomi] Constitution of a “two-tier” Confidentiality Club in Standard Essential Patents Litigation: Read why HC considered such an arrangement to be against the principles of natural justice & fair play

Delhi High Court: C. Hari Shankar, J., after a wholesome discussion, rejected the idea of the constitution of a “two-tier” Confidentiality Club

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Kar HC | Interpreting the term ‘enquiry’ under S. 43A of Karnataka Panchayatraj Act 1993, Court lays strict emphasis on procedural compliance before any State Action of removal; Petition allowed

Karnataka High Court: A Division Bench of G. Narendar and M.I. Arun JJ., allowing the present petition, discussed the meaning, scope and

Case Briefs High Courts

Del HC | Can absence of eyewitness in a sexual harassment incident detract complainant’s credibility before Internal Complaints Committee constituted at a workplace? HC explains

“…it is this gender conditioning that leads men to abuse, ill-treat or become violent towards women and TGs or treat them disparagingly and with condescension.”

Case Briefs High Courts

Gau HC | No blanket order of appointment can be passed in favour of any ‘Affected Candidate’ in terms of Rule 2(a) of the Assam Public Service (Preferential Appointment) Rules, 1999; HC clarifies

Gauhati High Court: Manojit Bhuyan J., simplifying the applicability of Rule 3 and Rule 4 of Assam Public Service (Preferential Appointment) Rules,

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Chh HC | Whether transfer/sale of Abadi land is complete without delivery of possession of the land along with superstructure in favour of the purchaser? HC decides

Chattisgarh High Court: Sanjay K Agrawal J., dismissed the second appeal being devoid of merits. The facts of the case are such

Case Briefs High Courts

Ker HC | [SARFAESI Act] Whether the State has better right in comparison to Banks and other Financial Institutions over secured assets for recovery of its dues; legal position reiterated

Kerala High Court: A.M. Badar J., allowing the present petition, quashes the attachment made by the State authorities to recover tax dues.

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All HC | In minor’s custody case, where child is below 5 years of age, mother is preferred, but is there any exception to it? Court explains

“Human affairs can never be disposed of by a rubber stamp approach or the application, virtually of mathematical formulae.”

Case Briefs High Courts

Gau HC | If a marriage is first solemnised under the Special Marriage Act and later upon conversion to Islam, marriage is again solemnised under Mohammedan Law: Which law will prevail for dissolution of marriage? Court to consider

Gauhati High Court: Achintya Malla Bujor Barua, J., addressed a matter wherein a marriage took place under the Special Marriage Act, but the

Case Briefs High Courts

Ori HC | Conviction under attempt to rape held in 1990 was set aside in 2020 due to lack of clear evidence; Appeal allowed partly

Orissa High Court: S.K. Sahoo J. allowed the appeal in part setting aside conviction under Sections 376/511, 354 and 457 of Penal

Case Briefs High Courts

Del HC | WhiteHat Jr Defamation Case: Aniruddha Malpani restrained from posting, publishing, sharing any content which is defamatory, derogatory or deprecatory in nature to White Hat Jr, its management or employee

Delhi High Court: Mukta Gupta, J., grants ad-interim injunction while restraining defendant from posting, publishing, sharing any content which is defamatory, derogatory or

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HP HC | [Service Law] If a candidate has been wrongly excluded from the process of appointment on account of arbitrary State Action, then he is entitled to notional seniority from the date, the similarly situated persons have been appointed

Himachal Pradesh High Court: A Division Bench of Tarlok Singh Chauhan and Jyotsna Rewal Dua, JJ., while allowing the present petition in