High Courts Archives | Page 84 of 591

Madras High Court restrains Central Govt. from taking final decision on banning the “ferocious” dog breeds

Madras High Court viewed that the Union must confirm that the process has been commenced with a clean slate to receive suggestions and objections regarding the proposal to ban the import of ferocious dogs.

Case Briefs High Courts

‘Inconsequential discrepancies in evidence do not dispel credibility of prosecution case’: Sikkim HC upholds conviction order of POCSO convict

Sikkim High Court opined that the prosecution’s case was established beyond all reasonable doubt following which they found no reason to differ from the findings of the Trial Court

Case Briefs High Courts

[S. 34, Arbitration and Conciliation Act, 1996] Any attempt to modify an award would amount to crossing the ‘Lakshman Rekha’; Sikkim HC reiterates

The Court noted that the appellant had accepted the award of all other claims except the one disputed, therefore they could not seek the setting aside of only the disputed claims as it would amount to seeking modification of the Award.

Case Briefs High Courts

We are living in the era of deepfakes; Delhi High Court upholds maintenance order citing insufficient evidence for adultery charges

Upon reviewing the photographs, it remained uncertain whether the wife is indeed depicted, as suggested by the husband’s counsel on charges of adultery. Given the prevalence of deepfakes, the husband will need to substantiate this claim with concrete evidence before the Family Court.

Case Briefs High Courts

[Delhi Excise Policy] Delhi High Court directs IO to provide prompt hard and digitized copies of Supplementary Charge Sheet to accused upon filing

Keeping in view the rules of natural justice, fair trial and criminal jurisprudence, the accused will be entitled to supply of those additional documents which may be filed against the co-accused with whom he has been alleged to have conspired with and as stated above, to additionally address arguments on charge on the basis of such additional material directly involving his role in the conspiracy.

Case Briefs High Courts

[BPSC Recruitment] State’s policy granting grace marks to contractual teacher and not to guest teacher is violative of Art. 14: Patna High Court

The Court opined that both the contract teachers and the guest teachers are discharging same duties as they are teaching students in schools and thus, there is no difference between the contract teachers and the guest teachers.

Case Briefs High Courts

‘Deliberate attempt to mislead the Court’; Punjab and Haryana HC imposes costs of Rs 50 thousand for not disclosing similar petition that was dismissed for non-prosecution

Petitioner stated that he had not filed any such or similar petition for quashing before the present Court or the Supreme Court. However, the Court noted that the petitioner had earlier filed the present petition on 01-04-2024 and the present petition was filed on 17-05-2024.

Case Briefs High Courts

“Adding specific dress in Cartoon prima facie indicates attempt to promote enmity”; Madhya Pradesh HC refuses to quash FIR against Folk Singer

The Court stated that applicant’s inclusion of specific dress details not related to the actual incident suggests an intent to attribute the incident to a particular group, potentially inciting enmity and disrupting harmony.

Case Briefs High Courts

Bombay HC restrains exhibition, circulation of film “Hamare Baarah” till 14-06-2024 allegedly being derogatory to Islamic faith and married Muslim women in India

The petitioners submitted that the film “Hamare Baarah” portrays lives of married Muslim women to have no independent rights as individuals in society owing to “Aayat 223”, a verse in the Quran which in his view is entirely wrong and a misreading of the verse.

Case Briefs High Courts

Delhi High Court | Appointment of Arbitrators Post-2015 Amendment must adhere to eligibility criteria regardless of contract execution and arbitration commencement dates

The clear ineligibility to any unilateral appointment is set out in Section 12 of the Arbitration Act read with the Seventh Schedule of the Act. After the 2015 Amendment to the Act came into effect, any unilateral appointment would be contrary to the law.

Case Briefs High Courts

[West Bengal Post Poll Violence] Calcutta High Court lays down directives to ensure registration of complaints irrespective of political affiliations

“Instances of post-poll violence are not unprecedented in this State. After the last Bidhan Sabha election, the entire nation witnessed unprecedented post-poll violence within the State.”

Case Briefs High Courts

Legal heirs of deceased employee entitled to benefits under Mukhyamantri COVID-19 Yoddha Kalyan Yojna: MP High Court

The MP High Court provided compensation of Rs 50 lakh under Mukhyamantri COVID -19 Yoddha Kalyan Yojna and also imposed a cost of Rs. 1 lakh for unnecessary harassment.

Case Briefs High Courts

[Specific Performance of Contract] | Sikkim HC finds party’s unwillingness for performance on their part; Discusses scope of Second Appeal under S.100 CPC

Relying on UN Krishnamurthy v. AM Krishnamurthy, the Court stated that the appellant failed to indicate willingness to perform their part of the transaction, as they neither showed nor proved the availability of sufficient funds required to make the payments per the contract

Case Briefs High Courts

‘Extracting work from Junior Advocates without payment is exploitation and in violation of fundamental rights’; Madras HC suggests for minimum stipend

“The function of the Bar Council is to ensure that the livelihood of these lawyers is protected by fixing minimum stipend to be paid in the event of engaging the services of the junior lawyers, who have enrolled.”

Case Briefs High Courts

Can pleadings be amended on the ground of typographical errors or change of counsel? Allahabad HC answers

“In the light of law laid down by the Courts, change of counsel cannot be a ground to file amendment application bypassing the rigorous conditions of due diligence. In fact, to meet out any mistake, no advantage can be given to litigant due to change of counsel.”

Case Briefs High Courts

Karnataka HC grants 30-day general parole to murder convict for fulfilment of conjugal duties with new wife

The murder convict’s wife filed the petition seeking parole for her husband on the ground that they got married on 11-04-2023 and that she was deprived of her right of progeny.

Case Briefs High Courts

Delhi High Court refuses to entertain petition against NCDRC Order on territorial jurisdiction objection

When the Court suggested it was not inclined to entertain the writ petition due to territorial jurisdiction, the petitioner’s counsel sought permission to withdraw the petitions. The Court granted this request, allowing the petitioner to take appropriate legal steps.

Case Briefs High Courts

[Section 125 CrPC] Able bodied husband who can support himself is obligated to support his wife: Gauhati High Court

A fascicular reading of Sections 125(1) and 125(4) of the Criminal Procedure Code, 1973 clearly demonstrates that if husband wilfully and intentionally neglects to provide maintenance to his wife then she can approach before the court seeking maintenance.

Case Briefs High Courts

Orrisa High Court overturns conviction in 12-year-old religious riot & mob attack murder case

“The evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only and it does not have any bearing upon a co-accused, who have been tried on the basis of evidence recorded in separate trial, though for the commission of same offences charged has been framed in both the trial.”

Case Briefs High Courts

Cogent material required to indicate convict’s parole likely to endanger security of state; Punjab and Haryana HC directs District Magistrate to reconsider parole application

The Court stated that parole enables a prisoner to develop a feeling of self-confidence that there is a life beyond prison and develop a sense of hope and active interest in his life with a view to rehabilitate the prisoner.