High Courts Archives | Page 68 of 591

Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault

The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Case Briefs High Courts

‘TC is a procedural tool to ensure child’s admission, cannot form basis for denying admission in school or to collect arrear of fees from parents’: Madras HC

“Payment of tuition fees is the duty of the parents towards the schools. Any default in the same ought to be recovered from the parents by the school concerned in the manner known to law. Instead, making entries of non-payment of fees on TC in the child’s name is humiliation for the child. ”

Case Briefs High Courts

‘No Work-No Pay’ principle is not applicable to Govt. employees for the period of absence, upon reinstatement after exoneration: Allahabad HC

By virtue of Rules 54(2) and 54(3), the petitioner is entitled to full pay and allowances for the period between 9-1-2020 to 29-9-2020 and his absence from service during the said period has to be treated as a period spent on duty for all purposes.

Case Briefs High Courts

‘Situation not emergent to justify parallel adjudication by Court’: Delhi High Court dismisses Section 9 Arbitration petition due to Lack of Urgency

“When the Arbitral Tribunal is in seisin of disputes between parties, there is the pernicious possibility of any observation being made by the Court influencing the proceedings before the Arbitral Tribunal”

Case Briefs High Courts

Bombay HC holds retired professor entitled to pensionary benefits; directs authorities to perform formalities

The Court emphasised that the respondents did not object to the petitioner’s continuation of service for twenty-three years. Therefore, depriving the petitioner of pensionary benefits on the ground that a formal order of de-reservation was not passed, even though the ingredients were satisfied, would be unjust.

Case Briefs High Courts

Kerala HC refuses to quash FIR against Businessman accused of cheating UAE bank of Rs. 135 crores

Credibility of Indians in UAE and of others who seek loans from banks can be prejudicially affected if such alleged frauds are permitted to be perpetrated by the citizens of this country, and when criminal proceedings are initiated, they are quashed without even being investigated”

Case Briefs High Courts

Delhi High Court stays debarment order by Food Corporation of India for being violative of principles of natural justice

The Food Corporation of India issued the undated communication after various defects were noticed in the Demolition and Reconstruction of 20 Residential Flats in Sector 27, Noida.

Case Briefs High Courts

‘Online filing of nominations will maintain purity of elections’; Tripura HC directs State Civil authorities, Election Commission to provide adequate security to candidates willing to submit nomination papers

The online filing of nominations will play a vital role in fulfilling the commission’s statutory duty to maintain the purity of elections.

Case Briefs High Courts

Delhi HC upholds reinstatement of superannuated research assistant of Jamia Millia Islamia University as a teacher

The Court finds that the respondent is possessed with necessary educational qualifications and thus fulfils the requisite condition of being appointed as a ‘Teacher’.

Case Briefs High Courts

“Defect notice is itself defective”: Bombay HC directs Tax authorities to refund the excess tax collected from vehicle trader

The Court stated that State authorities cannot retain the excess amount which is not in accordance with law and the same would be violative of Article 265 of the Constitution.

Case Briefs High Courts

MP High Court denies Writ of Mandamus to restrain authority from taking coercive actions based on alleged ‘illegal’ stop-construction interim direction

The Court held that a writ petition against a show-cause notice is generally not maintainable, as established in Union of India v. Kunisetty Satyanarayana, (2006) 12 SCC 28.

Case Briefs High Courts

Delhi High Court grants interim injunction to Dr. Reddy’s in suit filed to restrain violation of trade mark “REBAHEAL”

Since the rival trade marks were visually and phonetically identical, it would cause confusion and deception amongst the general public, doctors, and chemists.

Case Briefs High Courts

Commenting about dress of girls, touching them inappropriately on their back, cheek and neck constitute an offence u/s 7 of POCSO Act: HP HC refuses to quash FIR

The physical contact made by the accused with the girls coupled with the words uttered by him could only lead to one inference that the touch was with sexual intent.

Case Briefs High Courts

Construction of public utility premises near Hanuman Mandir not detrimental to temple’s atmosphere and ecological balance: MP High Court

The Court stated that the petitioner’s failure to provide sufficient details and his criminal background further undermined his petition

Case Briefs High Courts

‘Existing issues sufficient’; MP High Court affirms trial court’s rejection of application for framing additional issues

The Court noted that the additional issue which states that “whether the registered sale deed dated 13.7.2017 was illegally executed” already covers all the ingredients which are necessary for execution of a valid sale deed.

Case Briefs High Courts

Delhi HC directs AAI to appoint an applicant, earlier rejected due to typographical error in medical report

The Court perused the opinion of the Medical Board, which reflects that colour vision of the petitioner was normal and he was fit to be employed on the post in question.

Case Briefs High Courts

‘INDRP Policy does not require third parties to be heard’; Delhi High Court holds petition under S.34 of the Arbitration and Conciliation Act, 1996 not maintainable

Any third party claiming an interest in the domain name, without being bound by the INDRP, cannot allege that the award has been rendered in violation of principles of natural justice.

Case Briefs High Courts

Bombay HC refuses to permit AIR 10 candidate seeking participation in admission process at IISC, Bangalore, due to delayed application

The Court stated that granting such relief would cause injustice to other applicants who were similarly situated as the petitioner and who could not submit their applications by the prescribed deadline.

Case Briefs High Courts

Madras HC issues guidelines on disposal of products of conception after MTP of a pregnant minor girl, and on disclosure of her personal details

Madras High Court made the Superintendent of Police of the District concerned responsible if the identity of the minor victim girl or the personal details are revealed to the outside world.

Case Briefs High Courts

Bombay HC orders release of a man incarcerated beyond sentence period in default of payment of fines due to poverty

The Court referred to Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360 quoting Justice V.R. Krishna Iyer that “to be poor, in this land of Daridranayan, is no crime, and to recover debts by the procedure of putting one in prison is too flagrantly violative of Article 21 unless there is proof of the minimal fairness of his wilful failure to pay in spite of his sufficient means”.