High Courts Archives | Page 134 of 591

Calcutta High Court allows Opposition Leaders to pay homage at Netai Shahid Bedi amidst Diwas celebrations

The Calcutta High Court emphasized that no party should engage in political activities or slogans and directed possible videography by police authorities from 06-01-2024 to 07-01-2024.

Case Briefs High Courts

Uttaranchal High Court directs Chief Wildlife Warden to follow procedure provided u/s 11 of Wildlife Protection Act, 1972 before directing to hunt/kill any wild animal

“The decision of Chief Wildlife Warden to issue direction to hunt wild animal, has to be on a rational basis, foundationed on credible material, and not because of any pressure being exhorted by local politicians or people.”

High Courts

Right to privacy of unwed biological mother prevails over the adoptee’s right to know his roots: Calcutta High Court

Calcutta High Court held that petitioner’s delay in initiating the root search impacts the availability of certain documents, and no penal action can be taken against the adoption agency for the absence of the surrender deed.

Case Briefs High Courts

Calcutta High Court directs State to grant ‘Pension Conversion Scheme’ benefits to retired teacher

While observing that petitioner submitted the option within the specified timeframe and returned the employer’s contribution in good faith, the Calcutta High Court found the petitioner to be a bona fide applicant.

Case Briefs High Courts

Provisions of Maternity Benefit Act, 1961 must be enforced strictly; Himachal Pradesh HC directs to pay compensation to employee terminated during her pregnancy

“To conceive, to give birth and take care of a child is not only the fundamental right of the woman but also a pious role to be performed by her for existence of society. Keeping in view arduous nature of this duty, she must be provided facilities to which she is entitled.”

Case Briefs High Courts

Accused cannot be coerced to reveal/disclose password in regard to digital evidence while trial is ongoing: Delhi High Court

“The concerned Investigating Agency cannot expect anyone who is an accused, to sing in a tune which is music to their ears, more so, whence such an accused, is well and truly protected under Article 20(3) of the Constitution.”

Case Briefs High Courts

Uttaranchal HC takes suo motu cognizance of illegal felling of trees in jungle areas of Kaladhungi to Bajpur; directs State to take action against erring officials

“No committee was ever constituted to determine as to who will be the actual traditional forest dwellers or a Scheduled Tribe, who can be protected by the rights conferred upon them by the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.”

Case Briefs High Courts

Delhi HC restrains Dr. Reddy’s Laboratories Ltd. from commercially launching any product consisting of ‘Olaparib’ till 12-03-2024

“Dr. Reddy’s is willing to give an undertaking that it will not commercially launch product ‘Olaparib’ prior to expiry of Kudos Pharmaceuticals’ patent and until then, it will only undertake activities which are permissible u/s 107-A of Patents Act, 1970.”

High Courts

Persons with Disabilities to be given choice for transfer/posting at preferred place; May be exempted from rotational transfers: Delhi High Court

“State shall ensure that the persons with disabilities are not subjected to unnecessary and relentless harassment by being transferred/posted at places where they are unable to get an environment which is conducive for their working.”

Case Briefs High Courts

Fundamental right to hold passport cannot be curtailed; Andhra Pradesh High Court directs Police to release siezed passport of a Non-resident Indian

“The passport has been seized in contravention of the existing laws in operation and such an exercise is unwarranted and is in violation of Articles 19 and 21 of the Constitution.”

Case Briefs High Courts

Gauhati HC upholds judgment by Foreigners Tribunal declaring a woman to be a foreigner who entered India illegally

Gauhati HC opined that the petitioner failed to discharge her burden to prove the contents of her evidence so as to establish her Indian citizenship.

Case Briefs High Courts

Delhi High Court grants bail to a man accused of raping woman he met on dating app on pretext of marriage

“The petitioner stated that he and the complainant met on a dating App and not on matrimonial App. The allegation of false promise of marriage is only an afterthought.”

Case Briefs High Courts

Delhi HC directs MCD and DFS to constitute a Joint Task Force to inspect coaching centres in Mukherjee Nagar in respect of fire and public safety norms

“All institutes/ centres operating in Mukherjee Nagar shall ensure that process of instruction and training to enrolled students is not disrupted and in case of temporary closure, they shall ensure that instruction through online mode is continued.”

Case Briefs High Courts

Calcutta High Court dismisses petition challenging provisional attachment of bank account under Section 83 of CGST Act, 2017

The Calcutta High Court rejected the objection regarding the maintainability of the writ petition, stating that part of the cause of action arose within the territorial jurisdiction of the court.

Case Briefs High Courts

Filing SLP to challenge dismissal of criminal appeal is crucial right of convict; Delhi High Court grants four-weeks parole to convict for filing SLP

“Except the two incidents wherein punishment was awarded to the petitioner, the nominal roll does not find mention of any misconduct on the part of the petitioner, after May, 2017 till date i.e. for the last more than six years.”

Case Briefs High Courts

“S. 22, POCSO Act prohibits prosecution and punishment of a minor for perjury”: J&K and Ladakh HC, reiterates

“In order to prosecute and punish a witness for offence of perjury, it must be established that the statement was made by him deliberately and consciously, which subsequently, was found to be false as a result of comparing it with other unimpeachable evidence on record”.

Case Briefs High Courts

Delhi High Court denies interim injunction to Khadi and Village Industries Commission in a trade mark infringement dispute

“The terminus ad quem, by which date the plaintiff has to prove the acquisition of the requisite goodwill and reputation for a plea of passing off to succeed, is the date of commencement, by the defendant, of the rival mark.”

Case Briefs High Courts

Gauhati High Court holds State liable to compensate an advocate for handcuffing him without just cause

The High Court observed that Rule 214 of Assam Police Manual has rendered itself archaic and needs to be amended in accordance with the laws laid down by the Supreme Court.

Case Briefs High Courts

Madras High Court upholds State Government’s power to appoint Public Prosecutors and Additional Public Prosecutors under S. 24 (6A) of CrPC

The petition was filed by an Advocate, challenging the appointment of Public Prosecutors / Additional Public Prosecutors in all District Courts within the territorial Jurisdiction of Madurai Bench.

Case Briefs High Courts

‘Advocates practicing in other states ineligible for post of District Judge’; Telangana HC upholds Rule 5(1)(a) of Telangana State Judicial (Service and Cadre) Rules, 2023

“The object of enactment of the Telangana State Judicial (Service and Cadre) Rules, 2023 is to recruit suitable candidates to Telangana State Judicial Service who are acquainted with the practice of local Courts in Telangana and have the knowledge of local laws.”