High Courts Archives | Page 51 of 591

Right to default bail does not arise if trial is not concluded within 60 days under S.437(6) CrPC: Bombay High Court

The Trial Court is trying its best to conclude the trial at the earliest, but, many times, many things are not under the control of the presiding officer and all parties concerned shall support the Court in concluding the trial within a reasonable period.

Case Briefs High Courts

Whether High Court, in exercise of judicial review power, can direct Speaker to decide disqualification petitions within a fixed timeframe? Telangana HC to decide

The present appeals are filed in relation to writ petitions which challenged the inaction of the Speaker of Telangana Legislative Assembly in adjudicating the petitions seeking disqualification of three members of Legislative Assembly.

Case Briefs High Courts

Rajasthan High Court takes Suo Moto cognizance on ‘Heartbreaking’ news on homeless widow’s plea for protection of her Children

“Protecting children’s right is not just a legal obligation, it’s a moral imperative that directly impacts the future of our society … The right of protection includes freedom from all forms of exploitation, violence, abuse and inhumane or degrading treatment.”

Case Briefs High Courts

Delhi HC allows settlement in trade mark infringement case between ‘BURJNOIDA’ project owner and Dubai based Jumeirah Beach Resort

Usage of trade mark ‘BURJNOIDA’ was allowed because the residential project had been in construction for the last ten years.

Case Briefs High Courts

‘Act quite close to cannibalism’; Bombay HC confirms death sentence of a man who killed, intended to eat his mother

The present case is the most brutal, barbaric, and gruesome murder of a 60-year-old mother by her son on 28-08-2017 at Makadwala Vasahat, Kolhapur, where her body parts, i.e., liver, intestine, heart, rib and breast were eviscerated outside

Case Briefs High Courts

‘Evident miscommunication made about dis-entitlement of disability pension’; Punjab and Haryana HC grants complete disability pension to a man enrolled in Army

Despite holding an indefeasible right to become the able recipient of disability pension, there was a financial detriment to the petitioner.

Case Briefs High Courts

Rajasthan High Court imposes cost of ₹5 Lakhs for non-disclosure of coordinate Bench’s previous order, deems it as “adding fuel to fire”

The Additional Advocate General brought the Court’s attention to a previous order, where the Coordinate Bench of this Court directed the educational institution to apply for a fresh NOC before seeking further relief for future academic years.

Case Briefs High Courts

Convict cannot be released on probation under Section 482 of CrPC, especially when appeal against his conviction is sub judice: Punjab and Haryana HC

The power conferred in the High Court under Section 482 of Criminal Procedure Code, 1973, is a residuary power and to be exercised only when no alternative remedy is available.

Case Briefs High Courts

‘State cannot fix quota or percentage of admission in unaided minority educational institutions’: Chhattisgarh HC declares Rule fixing 50% seats to local minority students as ultra vires

Considering the Rule 4(1)(d)(i) of the Chhattisgarh Ayush Graduate Course Admission Rules, 2023 is ultra vires, the Court directed the State Government to issue necessary instructions with respect to admission in Bachelor of Ayurvedic Medicine and Surgery course in unaided minority institution.

Case Briefs High Courts

“Modesty of a woman is Worshipped in our country” MP High Court refuses to quash Rape case despite settlement

“A women survives as a mother, wife, sister and daughter etc. of every person. Her body is known as her own temple as she is specifically known for her sacrifices. Her sacrosanct entity is required to be protected in every circumstances.”

Case Briefs High Courts

Karnataka HC directs ANI Technologies to pay Rs 5 Lakhs as compensation to woman sexually harassed by OLA cab driver in 2018

The Court directed the company’s Internal Complaints Committee to hold an enquiry into the complaint of the petitioner in accordance with the provisions of PoSH Act, 2013 and complete the process as expeditiously as possible within an outer limit of 90 days.

Case Briefs High Courts

Madras High Court asks State to provide details on criminal cases against Isha Foundation

In view of the serious nature of the allegations raised against the institution, Madras High Court opined that some more deliberations are required to understand the truth behind the allegations.

Case Briefs High Courts

Delhi High Court stresses consistency in disciplinary actions for co-delinquents in employment misconduct; Upholds conversion of Bank Manager’s dismissal to compulsory retirement

Looking at the punishments awarded to the co-delinquents for same incidents/transactions and acts of connivance and testing the impugned action on the anvil of Article 14 as well as keeping in mind the long and unblemished spell of service of the respondent, save and except, the Single Judge was inclined to convert the punishment from ‘dismissal’ to one of ‘compulsory retirement’.

Case Briefs High Courts

‘Reformative theory takes back seat in heinous crimes like terrorism’; J&K High Court dismisses Kashmiri separatist Ashiq Hussain Faktoo’s Remission plea

“The conditions in the Union Territory of J&K are entirely different … this part of the Country has been reeling under militancy for the last more than three decades, as such, the State is justified in dealing with the crimes relating to terrorism in a manner that is different from dealing with similar crimes in Delhi.”

Case Briefs High Courts

MP High Court seeks response in plea challenging State Committee’s expertise on Rehabilitation of migrated Wild Elephant

The petitioner argued that the State committee lacks expertise in handling elephants and suggested involving experts from states like Kerala, which have significant experience in managing wild elephants.

Case Briefs High Courts

‘Tampering with complaint raises concerns about integrity of investigation’; Calcutta HC cancels bail granted to accused in sexual assault case of IAS Officer’s wife

‘The bail application of an accused for offence under Section 64 of BNS cannot be heard and disposed of without giving the victim an opportunity to be heard.’

Case Briefs High Courts

Allahabad High Court asks State to provide reasons why establishment of AIIMS like institute is not necessary in Prayagraj

Allahabad High Court noted that in the last ten years, the population in the region has increased substantially, resulting in acute pressure on the existing medical infrastructure.

Case Briefs High Courts

‘Stray dog menace in Delhi is a serious issue affecting human life’; Delhi High Court refrains to address MCD’s negligence claims

The relationship between humans and dogs is at times a relationship of compassion and unconditional love. The responsible authorities should endeavour to manage the menace with the same compassion to ensure equilibrium in the living conditions of both, humans and dogs.

Case Briefs High Courts

Timeline of 90 days for filing appeal prescribed under S.21 of NIA Act is ‘justice bar’, to be applied equally to accused and agency: Telangana HC

The doors of justice cannot selectively be shut to a few and not to others, particularly where the life and liberty of the accused is at stake.

Case Briefs High Courts

‘Section 482 of BNSS widens discretionary powers of Courts hearing anticipatory bail applications’: Chhattisgarh HC grants anticipatory bail to a woman and her uncle

Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.