High Courts Archives | Page 67 of 591

Private documents like telephonic conversation cannot be considered at stage of framing charges: MP High Court

The Court reiterated that the court cannot open its own order on merits specifically in the light of the bar as contained under Section 362 of CrPC.

Case Briefs High Courts

Delhi High Court upholds order by CAT directing grant of maternity leave to lady constable for third child

It is the bounden duty of the employer to be sensitive and responsive to the physical difficulties that a working lady would face in performing her duties at the workplace while carrying a baby or bringing up the child post birth.

Case Briefs High Courts

Delhi High Court grants interim injunction against shops from unauthorised use of brand name ‘Peter England’ outside their shops

The brand ‘Peter England’ was introduced in 1997 and later acquired by Aditya Birla Fashion and Retail Ltd. in 2000.

Case Briefs High Courts

Not necessary to prove motive behind offence, when eyewitness testimony is credible: Jharkhand HC upholds conviction

The Court stated that admittedly, the death is homicidal, and the doctor also found that the cause of death is injury, which was inflicted upon the deceased persons. Therefore, the ocular evidence corroborates with the medical evidence.

Case Briefs High Courts

Mere presence at hotel as ‘customers’ while women dance in obscene manner, not sufficient to attract offence u/s 294 of IPC: Bombay High Court

No other specific overt act is attributed to petitioners to attract the offences punishable under Sections 294, 114 read with Section 34 of Penal Code, 1860 against them.

Case Briefs High Courts

MP High Court calls for action against Investigating Officer over dowry death investigation shortcomings; denies bail to accused

“It was imperative on the part of the Investigating Officer that investigation of an offence such as dowry-death maintains a high level of accuracy and candidness.”

Case Briefs High Courts

‘Employer may pass order cancelling candidature on suppression of pending criminal case’; Allahabad HC upholds termination of candidate appointed to Class-IV post in District Judgeship

“A candidate seeking an appointment in the District Court judgeship should be of impeccable character and high integrity, and his antecedents should be clean and if a person whose integrity is doubtful or his antecedents are not clean is appointed, that can damage the institution.”

Case Briefs High Courts

‘Reporting sexual offence brings disrepute to family’; Bombay HC upholds man’s conviction under POCSO as victim’s family had no reason for false implication

The Court emphasised that in our conservative society, even on account of family enmity, the future and career of a girl is not jeopardised, and such is a strong circumstance in favour of the prosecution.

Case Briefs High Courts

‘Similarly situated persons should not be left out; Manipur HC allows Veterinary Doctor’s plea seeking benefit of enhanced age of superannuation from 60 to 62 years

“In a welfare State, the hallmark in the action of the executive and legislature is the principle of equality embodied under Article 14 of the Constitution. There can be classification for the purpose of Article 14, but it should be reasonable and intelligible so that such classification forms a homogeneous group.”

Case Briefs High Courts

‘Yamuna River Floodplain must be zealously protected from encroachment and unauthorised construction’: Delhi HC upholds demolition of temple near Yamuna Bank

“There is not even a single scrap of a document placed on record by the appellant/society to show any kind of legitimacy it exercises, either over the land or the illegal structure built thereon.”

Case Briefs High Courts

[NLU, Sonipat] P&H HC imposes cost of Rs 1 Lakh to Vice Chancellor and Registrar for illegal repatriation of Deputy Registrar

The Court held the actions of the Vice-Chancellor and the Registrar as illegal, arbitrary, and in violation of the statutory provisions of the University Act.

Case Briefs High Courts

Bombay HC grants bail to persons accused under UAPA for alleged links with Dawood Ibrahim

Mere allegations of affiliation with Dawood Ibrahim do not attract the application of Section 20 of the UAPA; mere sharing of pictures of NDPS-prohibited substances does not attract the provisions of the NDPS.

Case Briefs High Courts

Delhi High Court directs removal of defamatory posts and videos against Dhanya Rajendran; grants ad interim relief

It was said that the allegations asserted did not seem to be premised on a public record document such as a criminal case that was registered or pending against Dhanya Rajendran.

Case Briefs High Courts

‘Love is blind but minor girl was made blind by intoxication to fulfil sexual desire’; Meghalaya HC upholds 20 yrs conviction for sexually assaulting minor girlfriend

In the guise of loving the minor girl, the boy had poured some intoxicating substance in the tea which made the girl unconscious and had aggravated sexual intercourse with her.

Case Briefs High Courts

District Magistrate not adjudicating authority under SARFAESI Act; only duty to assist secured creditor in taking possession of property: Jharkhand HC

The Court stated that by delaying the disposal of the application filed by the petitioner, the District Magistrate is frustrating the intent of law, which should not be.

Case Briefs High Courts

Know Why Karnataka HC Recalled its judgment holding watching website containing child porn not an offence under S. 67-B of IT Act, 2000

The Court in the impugned order had held that the petitioner watched a pornographic site, which would not become publishing or transmitting material as necessary under S. 67-B(a) and quashed the criminal proceedings against the petitioner.

Case Briefs High Courts

Bombay HC upholds rejection of compassionate appointment to deceased Junior Clerk’s son due to delayed application

The Court referred to Ahmednagar Mahanagar Palika v. Kamgar Union, (2022) 10 SCC 172, and State of West Bengal v. Debabrata Tiwari, 2023 SCC OnLine SC 219, wherein the Supreme Court held that the object of compassionate employment is to tide over a sudden crisis, and the application for grant of appointment on compassionate basis should not be considered after a prolonged delay; the sense of urgency should not be lost.

Case Briefs High Courts

Delhi HC sets aside DDA’s decision declining the society’s request to celebrate Janamashtami Mohotasav in District Park

The Court asked DDA to ponder over what they have done to this city in terms of providing recreational activities open to all and how they intend to make Delhi a ‘Smart City’.

Case Briefs High Courts

Order granting/declining ex-parte interim measure in Commercial Arbitration Dispute is appealable under S. 37, A&C Act, 1996: Karnataka HC

In the instant appeal, the Court had to consider the interplay of Sections 9 and 37 of the A&C Act; Section 13 of the Commercial Courts Act, 2015 and Rule 9 of High Court of Karnataka Arbitration (Proceedings before the Courts) Rules, 2001.

Case Briefs High Courts

Gujarat HC permits 15-year-old mentally challenged girl to undergo abortion at 28 weeks of pregnancy

“Considering the fact that the minor girl is aged about 15 years, and she is mentally challenged, coming from a very low strata of the society and considering her family background as well, in all probability the girl would face a lot of problems in raising the child.”