High Courts Archives | Page 90 of 591

‘Prisoners also have right to adequate and required healthcare’; Himachal Pradesh HC grants bail to HIV+ prisoner after jail authorities failed to provide required medical treatment

“Failure on the part of a government hospital to provide the timely medical treatment to a person in need of such treatment results violation of his right to life guaranteed under Article 21 of the Constitution, as has been done in the instant case.”

Case Briefs High Courts

Delhi High Court orders planting of saplings as restitution for settlement

Since the parties to disputes were closely related to each other and the dispute between parties was amicably settled, instead of imposing the costs upon the petitioner, he is directed to plant 30 saplings of trees.

Case Briefs High Courts

Deceased wife travelling in private vehicle of her husband held to be covered as third party; Sikkim HC awards “just compensation” to mother-in-law and minor child

The Court discussed the difference between a gratuitous passenger travelling in a private vehicle that met with an accident, and the deceased wife of the insured in the instant case who was held to be covered as a “third party”. The distinction proved to be elemental in granting “just compensation” to the appellants.

Case Briefs High Courts

Delhi High Court grants ‘Dynamic+ Injunction’ in favour of Universal Studios to protect its copyrighted works

The Court found it fit to grant a Dynamic+ injunction to keep up with the hydra-headed nature of the infringement actions of the websites.

Case Briefs High Courts

[Budgetary Support Scheme under GST Regime] | Sikkim HC dismisses Glenmark Pharma’s monthly support claim for the quarter of July- September 2017

The Court held that Glenmark Pharma should have followed the prescribed procedure while seeking the grant of budgetary support, and not work out a different procedure for the authorities to follow.

Case Briefs High Courts

Man and woman living together does not constitute bigamy without proof of second marriage: Rajasthan High Court

Even if it is presumed that the petitioner has performed Nata marriage, then also there is no proof that the same was done by following the marriage ceremonies required by the personal law governing the parties or by following the essential ceremonies for a Nata marriage.

Case Briefs High Courts

‘Time limit for sample analysis must be scrupulously followed’; Bombay HC sets aside penalty imposed on TATA Chemicals Ltd. for selling substandard iodized salt

The delay in completing the analysis may have resulted in salt samples getting deteriorated because of exposure to heat, light, moisture, etc which may have resulted in deteriorating its standard and thus it became substandard, as Iodized Salt can lose its iodine due to the environmental factors.

Case Briefs High Courts

Which judgment is binding when coordinate benches of Court have conflicting decisions? Allahabad HC answers

“When a Coordinate Bench issues a judgment on a particular legal issue, that judgment becomes binding precedent for subsequent cases involving a similar issue before another Coordinate Bench”

Case Briefs High Courts

Delhi High Court orders SpiceJet to return all aircrafts along with engines to TWC

“If the engines are not returned and properly serviced, TWC Aviation Capital Ltd. would suffer irreparable harm, as this could cause irreversible damage to the engines.”

Case Briefs High Courts

‘Utterances made in moment of anger cannot be deemed as instigation’; Punjab and Haryana HC set aside conviction and sentence of wife convicted for abetment of suicide

The Court opined that is important to acknowledge that individuals vary in their sensitivity and temperament. It is not solely the feelings of the deceased that would matter, but most importantly, the intention behind the act of the accused would also have to be discerned.

Case Briefs High Courts

[Right to Education] Delhi High Court grants provisional admission to a Disadvantaged Group Category Student

The petitioner’s daughter is a child belonging to DG in the SC category within the meaning of Section 2(e) of the Right of Children to Free and Compulsory Education Act, 2009 (“the RTE Act”) and is, therefore, entitled to free, compulsory and elementary education till its completion under Section 12(c) of the RTE Act.

Case Briefs High Courts

Allahabad HC allows practice of Electro Homeopathy, but practitioners cannot use ‘Doctor’ prefix

“Although no institution can confer a diploma or degree in Electro Homeopathy, however, as there is no ban, the petitioners can always practice Electro Homeopathy as an alternative therapy within the parameters of order passed by the Union.”

Case Briefs High Courts

Gauhati High Court directs State to reconsider experience as homeguards/ Special Police Officers for constables recruitment under Assam Industrial Security Force

The High Court directed the State to follow a uniform marks allocation process for the appointment of constables under AISF and reconsider the case of candidates having prior experience as home guards and SPOs.

Case Briefs High Courts

Delhi High Court dismisses PIL seeking to direct medical professionals to inform patients about side effects of a drug

Delhi High Court stated that since the legislature in its wisdom has elected to impose this duty on the manufacturer and the pharmacist, we do not find any ground for issuing a direction as prayed for in this PIL as it would amount to judicial legislation.

Case Briefs High Courts

Mental cruelty can continue even after leaving matrimonial house and while residing at parental home: MP High Court

MP High Court asserted that while physical cruelty ceased after leaving the matrimonial house, the psychological impact of separation and the trauma induced by dowry demands persisted.

Case Briefs High Courts

Man convicted of murdering a government employee, set free by Sikkim HC due to gaps in circumstantial evidence

The Court said that the prosecution evidence must establish that the accused was the perpetrator of the offence and no one else.

Case Briefs High Courts

Madras HC directs for exhumation and re-postmortem of deceased after wife alleges death by custodial torture

Madras High Court viewed that the suspicion of the petitioner that her husband died of custodial torture is reasonable and cannot be brushed aside easily.

Case Briefs High Courts

ITAT, Delhi quashes reassessment made on basis of notice issued u/s 148 of Income Tax Act by non-jurisdictional Assessing Officer which led to addition of 12.5 lakhs

“The reassessment notice was issued by ITO, Ward 69(1), New Delhi, under Section 148 and lacked jurisdiction as the jurisdiction was with ITO, Ward 4(1), Gurgaon. Hence, the subsequent assessment completed by ITO, Ward 4(1), Gurgaon, based on this notice was legally flawed.”

Case Briefs High Courts

Delhi High Court dismisses petition seeking issuance of guidelines for putting cap on airfares

“The aviation sector being a capital-intensive sector, the regulated free play given to the airlines to implement dynamic pricing of the fares for each flight appears to be in conformity with the norms followed worldwide and appears to be essential growth of the said sector.”

Case Briefs High Courts

When can an order under Section 125 CrPC be modified or recalled? Allahabad High Court clarifies

“It is clear that Section-125 CrPC is social justice legislation which orders for the maintenance of wives, children and parents and the legislature has provided in Sections-125(5) CrPC., 126 CrPC as well as Section-127 CrPC, certain conditions on fulfilling of which, order passed u/s 125 CrPC can be recalled or modified”