High Courts Archives | Page 121 of 591

[Sexual Harassment by Teacher] Delhi High Court holds recovery of overpaid salary invalid and denies increments

Delhi High Court bars the recovery of overpaid salary in a case involving teacher misconduct, citing unapproved suspension. However, increments are denied amidst allegations of serious nature.

Case Briefs High Courts

Whether RCCIIT amenable to writ jurisdiction? Calcutta High Court refers ‘issue of maintainability’ to Larger Bench

The Calcutta High Court referred the issue to a larger bench in order to ensure judicial discipline and uniformity.

Case Briefs High Courts

Free fight without any intent to humiliate a member of SC/ST not an offence under SC/ST Act: Jharkhand HC

Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.

Case Briefs High Courts

[IGNOU PGDCC Recognition Controversy] Delhi High Court upholds Central Government’s independent exercise in Contempt Jurisdiction

Delhi High Court upheld the Central Government’s independent exercise in contempt jurisdiction, emphasizing adherence to the original judgment’s directives and refraining from issuing supplementary orders. The decision underscores the judiciary’s cautious approach in contempt proceedings and affirms the sanctity of court orders.

Case Briefs High Courts

‘Life threatening nature of cardiac issues cannot be equated with other illnesses’; Delhi HC grants three months interim bail to PMLA accused having severe medical issues

“Each passing moment in the face of cardiac distress is fraught with the peril of irreversible harm, and in case of any eventuality that may occur in applicant not getting proper and specialised treatment, this Court will have to bear the weight of regret.”

Case Briefs High Courts

‘Controller must look into the substance of claim beyond choice of words of patent applicant’: Madras HC remands matter to Controller for de novo consideration

Madras High Court said that the Controller appears to have made short of his responsibility by merely extracting the priors he relied on but had not thought it fit to consider the explanations.

Case Briefs High Courts

Bombay HC upholds eligibility for the post of police sub-inspector from sports category as certificate verified during selection

Bombay High Court took note of the fact that the petitioner was already employed as a Police Constable under the ‘Sports Category’ much before the date of advertisement, which was on respondents’ record.

Case Briefs High Courts

Reasonable opportunity should be given to accused to fulfill conditions of bail: Orissa High Court

Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.

Case Briefs High Courts

‘Restoration of conjugal life’ cannot be imposed as a condition for anticipatory bail u/s 498-A of IPC: Patna High Court

“By way of judicial proceeding, an offence under Section 498-A of the Penal Code, 1860 can be compounded, but in the statute the offence has been made non-compoundable.”

Case Briefs High Courts

Gujarat HC directs GPSC to conduct separate interview for mother who was asked to travel 300 km

The Court directed the Gujarat Public Service Commission to conduct a separate interview for the woman within 15 days from the date of order.

Case Briefs High Courts

Calcutta High Court upholds promotion selection process; emphasises on minimum merit benchmarks beyond written test stage

Calcutta High Court held that the appellant at best can make an endeavour before the fact-finding forum because in exercise of writ jurisdiction, the High Court found no tenable and cogent ground on which the impugned judgment can be faulted.

Case Briefs High Courts

Maintenance order passed without filing statements of assets and liabilities by wife not illegal, if income not specifically denied by husband: Andhra Pradesh HC

“The petitioner submitted that the Trial Court erred in allowing the petition even without filing the statement of assets and liabilities and the respondent herself deserted the petitioner and yet, sought maintenance, therefore, she is not entitled to claim any interim maintenance.”

Case Briefs High Courts

‘Nature of Employment to be judged on the basis of duties performed, not Employer’s Letter’; Calcutta High Court directs reinstatement

“Where the job continues without even any performance appraisal or periodical renewal, and the person engaged in the same would be termed as a “trainee”, as it is in the present case, the same would be considered as unfair labour practice.”

Case Briefs High Courts

‘Not practised any fraud’; Calcutta High Court sets aside RPF Constable’s Discharge Order and directs Reinstatement

“The term ‘serious crime’ connotes a crime beyond the ordinary, inviting a more serious major punishment than what may be given in the case of a minor omission.”

Case Briefs High Courts

Delhi High Court constitutes Committee of experts to ensure availability and accessibility of medical facilities in Delhi hospitals

“Under Article 47 read with Article 21 of the Constitution, it is the obligation of State to ensure a robust public health system.”

Case Briefs High Courts

Anticipatory bail for offence under S. 498A cannot be rejected for non-recovery of dowry articles: Punjab and Haryana HC lays principles

Punjab and Haryana High Court pointed towards the lack of a family level/Social Forum for redressal of grievances of a wife which leads her to launch criminal proceedings under IPC Section 498A.

Case Briefs High Courts

Personal law to be applied consistently with Guardians and Wards Act; Allahabad HC dismisses habeas corpus petition in custody case

The writ of habeas corpus is a prerogative writ and an extraordinary remedy. It is a writ of right and not a writ of course and may be granted only on reasonable grounds or probable cause being shown.

Case Briefs High Courts

Calcutta High Court affirms rejection of extension application for arrear rent deposit under Section 7(1)(c) of W.B. Bengal Premises Tenancy Act

Calcutta High Court held that the court’s jurisdiction is limited in extending time for depositing rent, and it cannot go beyond the provisions of the law.

Case Briefs High Courts

Kerala High Court upholds rejection of divorce petition by husband on ground of cruelty; highlights evidence of cruelty against wife

Kerala High Court explained that “Cruelty consists of acts which are dangerous to life, limb or health. Cruelty may be physical or mental.”

Case Briefs High Courts

Assessing Officer-IV a part of the inspection team? Calcutta High Court remands matter for re-evaluation under Electricity Act, 2003

“A decision-maker is insisted on recording reason in support of his decision to ensure transparency in decision-making process. When any order is subject to appeal or amenable to judicial review, then such order must be reasoned and speaking order.”