High Courts Archives | Page 101 of 591

Adultery is a ground for divorce, and not a ground for refusal to grant child custody: Bombay HC

The Court, relying on several precedents, held that despite the proof of allegations regarding the wife’s extramarital affairs, custody of minor children can be granted to the wife.

Case Briefs High Courts

Suspension of democratically elected persons due to political vendetta weakens foundation of democracy: Rajasthan High Court

Rajasthan High Court held that passing of the suspension order casually in case of elected representatives adversely affects the public at large.

Case Briefs High Courts

Karnataka HC dismisses petitions challenging complete ban on sale of Hookah in any public place in the State

“It is a fact that a session of hookah is more harmful than a pack of cigarettes (…) If it is 200 puffs per session, it is equivalent to 100 cigarettes, in any of these sessions. Hookah, is, as addictive as a cigarette; as harmful as a cigarette; has the same chemicals as a cigarette”.

Case Briefs High Courts

Bombay HC quashes criminal case against Raj Thackeray over 2008 stone pelting incident

Aurangabad bench of Bombay High Court set aside orders refusing Thackeray’s discharge in case of abetment of violence

Case Briefs High Courts

Delhi High Court dismisses PIL seeking extraordinary interim bail for Arvind Kejriwal; imposes cost of Rs. 75,000

“Petitioner’s claim to be custodian and representative of the people of India, is nothing but a fanciful claim which is devoid of any basis.”

Case Briefs High Courts

Manohar Parrikar Institute for Defence Studies and Analyses is an ‘instrumentality of State’ under Article 12 of the Constitution: Delhi High Court

An entity is required to be tested on three parameters namely, (a) financial, (b) functional, and (c) administration for its inclusion as ‘other authority’ in Article 12 of the Constitution.

Case Briefs High Courts

Rajasthan High Court stays Single Judge’s directive on ‘Chaotic’ Cause List Segregation until a later date

Rajasthan High Court permitted the Registry to bring to the Chief Justice’s attention any inconveniences expressed by the Single Judge regarding the impugned order for consideration.

Case Briefs High Courts

3 years practice or 70% marks in bachelor’s degree mandatory for Civil Judge exam: MP High Court upholds validity of amendment in MP Judicial Service Rules

“The language used in the instant amendment is neither ambiguous nor calls for any interpretation. The expression used in the amendment is clear and cogent.”

Case Briefs High Courts

Madras High Court directs MoHFW to issue circular to all hospitals to find out blood alcohol level in drunk driving cases

Madras High Court after noting that the State Government is taking steps to conduct surprise checks, remarked that this will not stop the problem, and emphasised that assessing the level of alcohol in the blood at least in cases where accidents takes place should be made mandatory, as this will help the motor accident claims to be decided in a proper manner while determining the issue of negligence to be attributed in an accident.

Case Briefs High Courts

Gauhati HC directs State to file affidavit indicating results of tests conducted by Nodal Agencies to check formaldehyde use in imported fish

Though the State Public Health Laboratory; College of Fisheries; Gauhati University; Nagaon College; and Dibrugarh University had found chemical formaldehyde in fishes, the Fishery Department in its survey found all the samples to be negative.

Case Briefs High Courts

Force Majeure | Rajasthan High Court waives contractual fees payable to Gram Panchayat during “unforeseen” COVID-19

Rajasthan High Court held that the Court must consider Unforeseen Circumstances in Contract Disputes, thereby, balancing equity for a just decision.

Case Briefs High Courts

‘Case where trust has been betrayed and social values are impaired’; Chhattisgarh HC upholds conviction and sentence of father who repeatedly raped his minor daughter

“Nothing can be more heinous than a crime committed on the person of a child by her father, the one who is duty-bound to provide her unflinching protection from all harm.”

Case Briefs High Courts

Gauhati High Court directs State to furnish details of interim measures to be taken to deal with pollution of Bharalu River

For dealing with pollution of Bharalu River, three Sewage Treatment Plants are proposed to be constructed at different locations and Phases-I and II of the project are scheduled to be completed in the year 2030.

Case Briefs High Courts

Making derogatory complaints to spouse’s employer with intent to harm professional reputation amounts to cruelty: Delhi High Court

Making derogatory complaints against spouse demonstrate lack of mutual respect and goodwill, which is crucial for a healthy marriage and merely by stating that such complaints are made after parties had separated, in no manner absolves a spouse from the guilt of committing cruelty on the receiving end.

Case Briefs High Courts

Onus of proof is on prosecution to prove beyond reasonable doubt that electricity meter is dishonestly damaged for electricity theft: Delhi High Court

“Even assuming the recorded consumption to be lesser than the average computed consumption of electricity, it can at best raise a doubt against the respondent; it cannot act as a proof beyond reasonable doubt to hold that the respondent has dishonestly tampered with the meter.”

Case Briefs High Courts

State attempt granting retrospective seniority deemed impermissible; Delhi High Court sets aside orders

By virtue of the two impugned actions/orders, today the respondents are trying to wrongly give retrospective seniority to the other similarly situated personnel like the petitioners herein by putting them ahead of such petitioners in the already existing seniority list as on date, which, as per the settled position of law, is not permissible.

Case Briefs High Courts

Bombay HC denies interim relief to filmmaker Ramesh Sippy in inheritance claim on 27 cinematograph films, 500 shares in Sippy Films & Mumbai flat

The Court found no substantial evidence to exercise discretion in favor of Ramesh Sippy’s inheritance claim.

Case Briefs High Courts

Delhi High Court sets aside circular on 24 ‘ferocious’ dog breeds issued by Department Animal Husbandry and Dairying

A petition was filed challenging the circular dated 12-03-2024, issued by Ministry of Fisheries, Animal Husbandry and Dairying, Department of Animal Husbandry and Dairying prohibiting import, breeding and selling of twenty-four dog breeds.

Case Briefs High Courts

A woman cannot be held liable for abetment to suicide, if a lover commits suicide due to love failure: Delhi High Court

The allegation with respect to applicants teasing the deceased in regard to the failure of his romantic relationship with applicant does not appear to be instigation which would amount to abetment of suicide in terms of Section 306 of the Penal Code, 1860.

Case Briefs High Courts

‘Objections under S. 47 CPC are applicable only to execution of decrees not maintainable against arbitral awards’; Allahabad HC imposes Rs 5 lakhs cost on State

“Imposition of costs in cases of frivolous litigation is essential to maintain the integrity, efficiency, and fairness of the judicial system. By deterring abuse of the legal process, promoting judicial efficiency, and upholding the principles of fairness and justice, cost imposition serves to safeguard the rights of individuals, protect the integrity of the legal system, and bolster public confidence in the administration of justice.”