High Courts Archives | Page 70 of 591

Punjab and Haryana HC grants relief to Shehnaz Gill; holds agreement as prima facie unfair with one party having superior bargaining power

Freedom of contract must be founded upon equality and bargaining power between the contracting parties. The party having less bargaining power is left with little or no choice but to accept the unfair and unreasonable terms imposed upon it by the party with superior bargaining power.

Case Briefs High Courts

Delhi High Court refers matter to Arbitrator based on arbitration clause in invoices issued for payment

The Delhi High Court granted time to both parties to file written submissions on whether an arbitration clause in an invoice could constitute an arbitration agreement under Section 7 of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Delhi High Court directs CBSE to allow 16 Students to appear in Compartment Exams despite missing deadline

The Court said that though the petitioner-school was very negligent in filing the details of students appearing for supplementary/compartment examination within stipulated time. However, the Court cannot allow the student to suffer loss of an academic year.

Case Briefs High Courts

Can a husband escape/wriggle out of maintenance obligations merely by pronouncement of “Talaq”? J&K and Ladakh HC answers

In the instant case, the Court had to consider whether maintenance proceedings under S. 488 of CrPC before Trial Court can be quashed on the ground of husband’s pleading that he had already divorced his wife.

Case Briefs High Courts

Can allegations of coercion be looked into u/s 11 of the Arbitration Act by the referral Court? Delhi HC explains

“Consequent on introduction of sub-Section 6(A) in Section 11, the Supreme Court has in several decisions held that the jurisdiction of the referral Court is now circumscribed.”

Case Briefs High Courts

Inside Madras High Court verdict on election of syndicate member to Bharathidasan University

“An electoral outcome represents the will of the electorate and that it cannot be casually or easily disrupted. A strict approach is warranted. An election result is not a low hanging fruit to be plucked with ease.”

Case Briefs High Courts

Bombay HC releases murder convict on parole to arrange for son’s intended departure to Australia for higher education

The Court emphasised that if parole could be granted for the purpose of celebration of marriage, the same benefit can be extended to the convict for the instant contingency and the same shall not be denied merely because the Prison (Bombay Furlough and Parole) Rules, 1959 does not contemplate such contingencies

Case Briefs High Courts

[Rights of Disabled Persons] | Bombay HC directs State Govt. to constitute Advisory Board in 30 days

The Court reiterated the observations of the Supreme Court in the case of Exploitation of Children in Orphanages in State of Tamil Nadu v. Union of India, (2017) 5 SCC 578, that it would be extremely unfortunate if the Governments voluntarily and knowingly flouted the provisions of law solemnly enacted by Parliament.

Case Briefs High Courts

‘Citizen’s Charter would be a pioneering influence in BMC’s initiatives’; Orissa HC directs introduction of Charter for timely public services

“Information and Facilitation Counters, Public Grievance Cells are the basic ingredients for materializing the citizen’s charter and should be set up along with new software for public grievance redress and monitoring system to enable a centralised system of redressal and monitoring.”

Case Briefs High Courts

[NEET UG 2024] Patna HC permits CBI to take custody of 13 accused in NEET paper leak case

The Court stayed the order dated 02-07-2024 passed by the Exclusive Magistrate, CBI, Patna, whereby CBI’s application for remand of the 13 accused was rejected.

Case Briefs High Courts

Seven years ‘continuous’ practice is not required by an Advocate for Additional District and Sessions Judge appointment: Himachal Pradesh HC

Respondent 4 was in active practice and possessed cumulatively more than 7 years of active practice.

Case Briefs High Courts

Interpretation of ‘scale of rates’ fixed by Tariff Authority for Major Ports is binding: Bombay High Court

In the present case, the communication dated 01-03-2017 by TAMP will constitute a ‘decision’ since it determines an issue that at what rate respondent is entitled to levy charge based on the documents produced

Case Briefs High Courts

‘Victimizing foreign national without reason will reflect in bilateral relations’; Bombay HC directs FRRO to issue Exit Permit to Chinese woman acquitted in smuggling case

Apart from the right to get Exit Permit, the Chinese woman needs to be adequately compensated for the mental agony, trauma, and sufferings undergone by her due to the conduct of Respondent 2, Union of India. Thus, Respondent 2 is directed to pay an amount of Rs 10,00,000 as compensation.

Case Briefs High Courts

Delhi HC dismisses plea challenging initiation of penalty proceedings against international powerlifter by National Anti-Doping Agency

The Court was of the view that, as a disciplinary panel is already constituted for considering the case of the appellant, it will not be appropriate for the Court to interdict the proceedings at this stage.

Case Briefs High Courts

Bhopal Gas Tragedy Victims’ Treatment and rehabilitation: MP High Court directs implementation of Monitoring Committee Recommendation

The instant matter related to the non-compliance of the Supreme Court’s directives for the treatment and rehabilitation of Bhopal gas victims.

Case Briefs High Courts

[Contempt of Court] Madras HC holds Sub Registrar and litigant guilty for fabricating Court documents; Sentences them to 2 months imprisonment and fine

Madras High Court: In a Suo Motu Civil Contempt Proceedings initiated against the contemnors for fabricating documents which were produced in court

Case Briefs High Courts

When can CBI be involved in an investigation? Kerala High Court answers

“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”

Case Briefs High Courts

Madras High Court stops re-release of Kamal Hassan starrer movie ‘GUNAA’ due to copyright infringement claims

Madras High Court said that the applicant has made out a prima-facie case for grant of ad-interim injunction as prayed for in this application

Case Briefs High Courts

Private complaint regarding doctor’s rashness or negligence cannot be entertained, unless accompanied by credible opinion of another doctor: Jharkhand HC

The Court stated that allowing the proceedings to continue will amount to an abuse of the process of law.

Case Briefs High Courts

[Noon Meal Scheme] Madras HC quashes Govt. Order excluding male heirs from compassionate appointment as illegal and violative of Art. 14 and 16 of Constitution

If 100% of the vacancies in a particular department is reserved only for women, then, the applications have to be forwarded to the District Collector or to the Personnel and Administrative Reforms Department as the case may be, to be considered under the general pool for being appointed in other suitable posts for compassionate appointment.