High Courts Archives | Page 13 of 591

‘Person becomes zombie upon using narcotic drugs’; Punjab and Haryana HC denies bail to NDPS accused allegedly caught with 290 grams of heroin

“This highlights the State Government’s failure to address the growing drug problem, which is particularly alarming in Punjab. The widespread drug abuse is severely undermining the future of the country, as it is gradually eroding the youth population, much like a termite.”

Case Briefs High Courts

Selection process, prioritising educational qualification over disability severity, contradicts spirit of Rights of Persons with Disabilities Act: MP High Court

The Court noted that the circular dated 03-07-2018 mandated that preference should be given to persons with higher disabilities unless their condition prevents them from performing the job.

Case Briefs High Courts

Madras High Court dismisses ex-serviceman’s plea seeking inquiry into Havana Syndrome in India; Cites lack of evidence and jurisdictional limits

The Court said that while the appellant claimed to be a target of high-frequency microwave radiation, he had not provided any evidence to substantiate these claims, nor had he identified those allegedly targeting him.

Case Briefs High Courts

Delhi High Court| Jurisdiction under S. 11 Arbitration Act must be determined by the CPC if the parties haven’t agreed on the arbitration seat or venue.

It is a settled position in law that when the arbitration agreement is silent on the aspect of ‘seat’, ‘venue’ or ‘place’ of arbitration, the determining factor will be where the cause of action arises as well as where the defendant/respondent actually or voluntarily resides or carries on their business.

Case Briefs High Courts

‘Obscene message sent to female colleague on WhatsApp was unintentional’; Bombay HC quashes FIR against retired professor after he claimed to be suffering from mental illness

Respondent 1 filed “Affidavit of Consent” for quashing the proceedings and stated in her Affidavit that at the time of filing of the FIR, she did not know that the petitioner was suffering from mental disease and ailment (FTLD).

Case Briefs High Courts

Delhi HC seeks Centre’s response on regulatory mechanism to ensure taxi apps are disabled friendly prior to their launch and have all accessibility features mandated under law

The Accessibility Audit Report revealed an alarming state of affairs inasmuch as 207 accessibility issues is identified in the ‘Rapido Android App’. Notably, 81 of these issues are referred to as “High Impact (P0)”.

Case Briefs High Courts

Rajasthan High Court appoints panel to probe into Khap Panchayats’ illegal activities including honour killings, social boycotts, exorcism, etc.

“Khap Panchayats are informal, quasi-judicial bodies prevalent in villages, particularly in northern and western India. These organizations impose severe penalties and fines based on age-old traditions, enforcing outdated customs on modern societal issues.”

Case Briefs High Courts

Convenience of litigants weigh more than that of advocates; Andhra Pradesh High Court upholds shifting of Court from Machilipatnam to Avanigadda

“The distance between Avanigadda and Machilipatnam is approximately 35 km. Litigants from the Avanigadda area would be relieved from having to traverse that distance to file their cases on each and every date of hearing.”

Case Briefs High Courts

‘Need for vigilance at entry point rather than indiscriminate denial of bail’; Punjab & Haryana HC grants bail to foreigner in Rs 2.81 Crore cyber fraud case

“When a foreign national faces criminal prosecution within Indian jurisdiction, legal proceedings may tether them to the country, disrupting their academic aspirations, familial responsibilities, commercial enterprises, and personal liberties.Justice delayed is justice denied, but in the context of foreign nationals, justice prolonged is justice misplaced.”

Case Briefs High Courts

S. 24 CPC cannot be invoked for proceedings filed without jurisdiction, Order VII Rule 10 CPC has to be invoked: Bombay High Court

The Court held that when any Civil Court holds that it lacks jurisdiction over the subject matter of the suit or application, it had to pass order under Order VII Rule 10 of CPC for return of plaint, and procedure of transfer of proceeding under Section 24 of CPC could not be invoked.

Case Briefs High Courts

Exemption requests of sexual violence victims deserve sensitivity unlike those of hardened criminals: Delhi High Court

One has to be conscious of the intersectionality of a girl child who has undergone trauma of sexual violence. Such a victim, on being summoned by court to depose and virtually relive the trauma, is bound to get jitters and consequences like loose motions and fever etc, caused by nervousness and agony.

Case Briefs High Courts

Commenting on colleague’s hair that she must be using JCB to manage them, not sexual harassment; Bombay HC sets aside Industrial Court’s order

The Internal Complaints Committee of HDFC Sales (P) Ltd. did not consider the important issue that whether the allegations levelled against the petitioner in really constituted sexual harassment to the complainant.

Case Briefs High Courts

‘Section 482 of CrPC cannot be used as an instrument to short circuit prosecution and bring its sudden death’; Delhi HC dismisses petition seeking to quash FIRs

When exercising jurisdiction under Section 482 of CrPC, the Court will not ordinarily embark upon an inquiry whether the evidence in question is reliable or whether on a reasonable appreciation of it the accusations will not be sustained, as that is the function of the Trial Court.

Case Briefs High Courts

‘Parens Patriae obligates Court to ensure justice not reduced to mere private settlement’; P&H HC refuses to quash abetment to suicide case on basis of compromise

“By allowing legal heirs to settle such cases unilaterally, the justice system would fail in its duty to hold perpetrators accountable, since the crime does not affect only the family but has wider ramifications for society at large.”

Case Briefs High Courts

‘Jesus Christ taught us to forgive’: Meghalaya HC accepts Don Bosco management’s apology for demolishing building which was under consideration for ‘heritage building’

“Jesus Christ preached that the satisfaction one gets out of forgiveness is much more than what is reached by inflicting the pain of punishment.”

Case Briefs High Courts

Delhi High Court stays Lokpal proceedings against Rajesh Kumar Singh, Defence Secretary of India

The only allegation from the very inception was that there were irregularities in the promotions conducted by the National Productivity Council on 28-03-2023, which pertain to a period even before petitioner 1 joined as Secretary, DPIIT on 21-01-2023.

Case Briefs High Courts

Gujarat High Court refuses to quash FIR against Sadhvi accused of duping man of Rs 1.25 crores

“The incomplete and hazy facts coming from the record indicates that further investigation is required in the matter.”

Case Briefs High Courts

‘EWS candidates can’t claim age relaxation/additional attempts as a matter of right’: MP High Court upholds executive instructions

“A person claiming EWS benefits on account of economic deprivation cannot be said to have faced discrimination on the basis of the caste, which unfortunately, in a casteist society, casts stigma by birth and can never be changed by the person.”

Case Briefs High Courts

Kerala HC directs State to formulate guidelines for ensuring complainant’s anonymity from public domain during inquiry under POSH Act

Recognising the right to privacy as one of the fundamental rights of an individual, the Court noted that a complainant raising such grievances is entitled to ensure that her identity and whereabouts are kept anonymised from the public domain.

Case Briefs High Courts

Delhi HC grants seven months extension to a man’s license for operating Special Minor Unit of New Delhi Railway Station earmarked for Divyang category

Petitioner averred that on account of COVID-19 pandemic, he was unable to operate his SMU and therefore, in light of a policy decision taken by the respondents to give extension, treating the pandemic period as dies non, benefit of extension was granted to the petitioner up to 16-03-2025.