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High Courts

Case BriefsHigh Courts

Any cess levied under a repealed Act is impermissible: Meghalaya HC

Meghalaya High Court: A Division Bench comprising of Mohammad Yaqoob Mir, CJ and S.R. Sen, J. dismissed a petition on being infructuous.

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Published on December 14, 2018December 28, 2018By Bhumika Indulia
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Case BriefsHigh Courts

Jurisdictionally bereft from hearing matter under SARFAESI Act on merits, Kerala HC allows defaulter to repay bank in installments

Kerala High Court: A Single Judge Bench comprising of Devan Ramachandran, J. was seized of a civil writ petition filed by a

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Published on December 14, 2018December 28, 2018By Bhumika Indulia
Leave a comment4160 views
Case BriefsHigh Courts

Date of appointment of an employee is the date when he is recruited into his service cadre: Patna HC

Patna High Court: A Single Judge Bench comprising of Nilu Agrawal, J. while hearing a civil writ petition ruled that the date

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Published on December 13, 2018December 28, 2018By Bhumika Indulia
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Case BriefsHigh Courts

Onus shifts on accused to prove defence when prosecution discharges burden of proof

Madhya Pradesh High Court: This appeal was filed before a 2-Judge Bench comprising of Sujoy Paul and Nandita Dubey, JJ., against the

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Published on December 13, 2018December 28, 2018By Bhumika Indulia
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Case BriefsHigh Courts

Deciding dress code is domain of institution; Petition for allowing wearing headscarf dismissed

Kerala High Court: A Single Judge Bench comprising of A. Muhamed Mustaque, J. dismissed a writ petition while giving a detailed analysis

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Published on December 13, 2018December 28, 2018By Bhumika Indulia
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Case BriefsHigh Courts

First we are Indians, then good human beings, then comes the community; India should have become Hindu country but it remained secular: Meghalaya HC

“I appeal to all the Hindu people of both the Barak Valley as well as the Assam Valley to come together to

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Published on December 13, 2018December 28, 2018By Bhumika Indulia
Leave a comment4236 views
Case BriefsHigh Courts

In absence of any defence on record, judgment and decree passed cannot be sustained: Punjab and Haryana HC

Punjab and Haryana High Court: This appeal was preferred before a 2-Judge Bench of Rakesh Kumar and  Anupinder Singh, JJ., against the

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Published on December 13, 2018December 28, 2018By Bhumika Indulia
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Case BriefsHigh Courts

Karnataka HC clarifies application of Section 306 of Karnataka Municipalities Act

Karnataka High Court: A Division Bench comprising of Dinesh Maheshwari CJ and S. Sujatha, J. declined to exercise PIL jurisdiction in petition

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Published on December 12, 2018December 28, 2018By Bhumika Indulia
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Case BriefsHigh Courts

Election of MLA set aside for using religion as a tool to influence voters; barred from contesting any election for next six years

Kerala High Court: A Single Judge Bench comprising of P.D. Rajan, J. declared the election of one K.M. Shaji as void, for

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Published on December 12, 2018December 13, 2018By Bhumika Indulia
Leave a comment3595 views
Case BriefsHigh Courts

Completion of investigation without considering outcome of Forensic Science Laboratory cannot be considered a fair investigation

Punjab and Haryana High Court: This petition was filed before a Single Judge Bench of Daya Chaudhary, J., under Section 482 CrPC

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Published on December 12, 2018December 15, 2018By Bhumika Indulia
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Case BriefsHigh Courts

Limitation period to file appeal under Section 107 of UP Goods and Services Tax Act, 2017 starts from when order aggrieved against was communicated

Allahabad High Court: This petition was filed before a Single Judge Bench of Saumitra Dayal Singh, J., dealing with the issue of

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Published on December 12, 2018December 14, 2018By Bhumika Indulia
Leave a comment3960 views
Case BriefsHigh Courts

District administration not empowered to direct sealing of shop and eviction of possessor therefrom: Patna HC

Patna High Court: A Single Judge Bench comprising of Mohit Kumar Shah, J. while hearing a civil writ petition ruled that the

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Published on December 12, 2018December 28, 2018By Bhumika Indulia
1 Comment4041 views
Case BriefsHigh Courts

Criminal proceedings can be quashed under Section 482 CrPC if the offence is not of grave nature and personal dispute is amicably settled between parties: Kerala HC

Kerala High Court: A Single Judge Bench comprising of Raja Vijayaraghavan V, J. invoked its extraordinary powers under Section 482 of the

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Published on December 12, 2018December 28, 2018By Bhumika Indulia
2 Comments11618 views
Case BriefsHigh Courts

When the position is admitted and clear then to give an opportunity of hearing or tendering explanation shall be an idle formality which is not necessary

Meghalaya High Court: A Division Judge Bench of Mohammad Yaqoob Mir, CJ., H.S. Thangkhiew, J., dismissed a writ appeal filed against the

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Published on December 10, 2018December 28, 2018By Bhumika Indulia
1 Comment3431 views
Case BriefsHigh Courts

“Suspicion, howsoever strong, does not partake the character of proof” – Suspicion in the matter of appointment not a ground to deny salary: Patna HC

Patna High Court: A Single Judge Bench comprising of Anil Kumar Upadhyay, J. quashed an office order denying payment of salary to

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Published on December 10, 2018December 28, 2018By Bhumika Indulia
Leave a comment2826 views
Case BriefsHigh Courts

“Irrational, incongruous and bordering on facetiousness”:Petition dismissed challenging collegium recommendations, 1st, 2nd & 3rd Judges cases and basic structure doctrine 

Kerala High Court: A Division Bench comprising of P.R. Ramachandra Menon and Devan Ramachandran, JJ. seized of a rather bewildering appeal primarily

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Published on December 10, 2018December 28, 2018By Bhumika Indulia
Leave a comment2053 views
Case BriefsHigh Courts

Road being used since decades cannot be denied access to even if there is alternate route available: Gujarat HC

Gujarat High Court: A Single Judge Bench comprising of A.J. Desai, J. denied a writ petition under Articles 14, 16, 226 and

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Published on December 10, 2018December 12, 2018By Bhumika Indulia
Leave a comment5134 views
Case BriefsHigh Courts

An order of preventive detention cannot be passed against a person who is already in police custody

Jammu & Kashmir High Court: A Single Judge Bench of Rashid Ali Dar, J., allowed a petition filed against the order of respondent

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Published on December 7, 2018December 12, 2018By Bhumika Indulia
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Case BriefsHigh Courts

Authorities instructed to construct retaining wall by PWD to protect house of petitioner: Himachal Pradesh HC

Himachal Pradesh High Court: A Division Bench comprising of Sanjay Karol, ACJ and Sandeep Sharma, J. directed the authorities to take necessary

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Published on December 7, 2018December 12, 2018By Bhumika Indulia
Leave a comment3172 views
Case BriefsHigh Courts

Cause of action in probate of will is continuing in nature – limitation starts from the date hindrance is posed to legatee of bequeathed property

Patna High Court: A Single Judge Bench comprising of Prabhat Kumar Jha, J. while hearing a civil writ petition held that in

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Published on December 7, 2018December 28, 2018By Bhumika Indulia
Leave a comment15734 views

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