High Courts Archives | Page 15 of 591

Spouse indulging in vulgar conversation with opposite gender, despite objections, amounts to Mental Cruelty: MP High Court

“No husband will tolerate that his wife is in undignified or indecent conversation through mobile by way of vulgar chatting.”

Case Briefs High Courts

State can’t deny honorarium to frontline workers compelled to work during COVID-19 pandemic: MP High Court

“If the officers had allowed or compelled the petitioners to work in the field for the safety of people, specifically when the country was fighting hard against the COVID-19 pandemic, then such an action of the officers cannot be said to be contrary to law or mala fide.”

Case Briefs High Courts

Delhi High Court grants bail to a man accused in Chandni Chowk currency trader Robbery and Murder case

The case of the prosecution is that the accused persons had noticed that one businessman is running business of exchange of old and soiled currency in Chandni Chowk and he used to return to his house daily with huge cash. The bail applicant along with his associates, then hatched a criminal conspiracy to rob and kill the said businessman.

Case Briefs High Courts

Bombay HC dismisses PIL against imposing double toll fees for non-FASTag vehicles

To incentivize adoption of FASTag from user fee payment, Respondent 1 provided cashback ranging from 10% to 2.5% on toll transactions via FASTag from 2016 till March 2020 i.e., for five years.

Case Briefs High Courts

‘Taliban-style punishment’; Punjab & Haryana HC denies anticipatory bail to a man accused of parading victims with blackened faces & ‘I am a thief’ placards

The Court expressed concern that the accused persons took the law into their own hands without realising that their acts might affect and tarnish the image and reputation of the victims before society at large, out of whom some were girls, and one was a minor.

Case Briefs High Courts

‘Subsequent events must completely negate landlord’s genuine need, to overturn eviction order’: Kerala HC upholds RCAA order granting possession to landlord

The true test for assessing the impact of subsequent events on the landlord’s bona fide need is whether those events completely eclipse the landlord’s need. If not, the Court can proceed with the general rule that the situation at the commencement of the litigation governs the decision.

Case Briefs High Courts

Allahabad High Court directs AMU to ensure clarity in future advertisements for lecturer posts; Criticizes repetition of ambiguity

The Court noted that, during the pendency of the writ petition over the last five years, the posts in question have already been filled. Since the selections made are not under challenge, the relief sought in the present writ petition has been rendered infructuous.

Case Briefs High Courts

Subsequent Notice under Section 28(4) of Customs Act cannot supplement prior notice Under Section 28(1): Delhi High Court

Section 28 of Customs Act, by its very nature posits, in each set of facts and circumstances, the issuance of a SCN either under Section 28(1) or under Section 28(4) of the Act and not under both. Under the circumstances, we are unable to agree that the impugned SCN under section 28(4) of the Act post the issuance of the SCN under Section 28(1) could be termed a “Supplementary Notice”.

Case Briefs High Courts

‘Not an industry carried on by/under Central Government’s authority’; Bombay HC hold State Government as appropriate Government for ARAI

Automotive Research Association of India performed various functions other than certification of vehicles and all its functions are not carried out under the authority of the Central Government.

Case Briefs High Courts

Delhi High Court directs advocate to render pro bono legal services for his misbehaviour and unnecessary aggressive behaviour in courtroom

There can be no doubt unnecessary aggression and raising of voice in Court which demonstrates disrespect cannot be tolerated. Lawyers are ought to maintain decorum in the court room.

Case Briefs High Courts

Misuse of Advocate-Client Relationship | MP High Court refuses to quash FIR in Rape allegations against Advocate

“Statement of prosecutrix recorded under Section 164 of CrPC cannot be given preference over the FIR and the statement recorded under Section 161 of CrPC.”

Case Briefs High Courts

Pleadings in a suit are not a ‘document’ or ‘Instrument’; Cannot be registered by authorities or entered in the encumbrance certificate: Madras HC

“Pleadings by themselves do not meet the requirements under Section 17 or Section 18 of the Registration Act, 1908 for registration, nor do they satisfy the definition of an “instrument” under Section 2(14) of the Stamp Act, 1899.”

Case Briefs High Courts

‘Luxury litigation pursued by SBI’; Delhi High Court dismisses SBI plea against adverse remarks by Magistrate citing delay and laches

The grievance of the petitioner Bank is that notwithstanding the favourable order dated 29-06-2022, the adverse remarks recorded in the order dated 04-06-2022 continue to cause irreparable harm to the petitioner Bank’s reputation and interests.

Case Briefs High Courts

‘No deceptive similarity to each other’; Delhi High Court upholds bona fide use of surname ‘JANGID’ as trademark

The plaintiff uses the mark ‘JANGEER’, whereas the mark of the defendant includes an ‘I’ in place of ‘EE’ and ‘D’ in place of ‘R’ i.e., ‘JANGID’. Apart from the difference in the spellings of the marks of the plaintiff and the defendant, the manner and style of writing is also completely different. The added features in the defendant’s mark make it quite distinct from the plaintiff’s mark.

Case Briefs High Courts

Exemption from Efficiency Test for promotion is a one-time exception, not a matter of Right: Rajasthan High Court

“A government employee cannot claim promotion as a matter of right and he can only be considered for promotion according to the extant Rules.”

Case Briefs High Courts

No unqualified right for the complainant to be heard at every stage of bail proceedings under JJ Act, 2015: Delhi High Court

The Court observed that the involvement of the complainant remains a matter of judicial discretion rather than an enforceable entitlement, and the fundamental principle of juvenile justice i.e., ‘rehabilitation over retribution’ must remain paramount in any such determination.

Case Briefs High Courts

Rajasthan High Court admits plea challenging installation of retail fuel outlet near 11,000 KV High-Tension Line

“The Court granted liberty to respondent, HPCL, to invite respondent to establish the retail outlet at an alternative location pursuant to the Letter of Intent (LOI) issued to him.”

Case Briefs High Courts

Section 25(2) of HMA | Court can modify and grant maintenance exceeding the claimed amount upon proof of material change in circumstances: Orissa High Court

“The judicial discretion must be exercised to provide a fair and just maintenance amount, considering the dependent’s actual needs and the payer’s financial capability, even if the claim was initially understated.”

Case Briefs High Courts

Madras High Court allows CMRL to acquire land near two Hindu temples for metro station construction

“Almighty would undoubtedly shower his kindness and benevolence for the development of a metro rail station, which will benefit lakhs of people from all segments of society, some of whom may well be devotees, who visit the temple.”

Case Briefs High Courts

‘Every action disliked by a class may not lead to outrage of religious sentiments’; Bombay HC quashes case against Kailash Kher for hurting religious feelings in Lord Shiva song

“Every action that might be disliked by a class of people may not necessarily lead to the outraging of religious sentiments because an act without the intention to outrage religious feelings would not be covered under Section 295A.”