High Courts Archives | Page 7 of 591

Bombay High Court, under parens patriae doctrine, appoints daughter as legal guardian of mother with dementia

The report of the Medical Board as constituted by the Dean of Sassoon General Hospital, Pune, concluded that as per history, past medical records, clinical examination, and psychological assessment, the petitioners’ mother was suffering from Dementia.

Case Briefs High Courts

Incidents of harassment felt by the patients in settling their Final Bills is not an untold story; Delhi High Court dismisses petition on criminal charges against Max Hospital

The mental trauma faced by patients and their families due to delays in insurance approvals is widely recognized. While this frustration may justify claims for compensation for mental harassment, it does not constitute a criminal offense.

Case Briefs High Courts

Employer’s obligation to pay gratuity within 30 days not contingent on employee’s written application post-exit: MP High Court

“Amounts of retiral dues, including gratuity, are not bounties. It is deferred payment to the employee for the long services rendered by him to the Department… The retiral dues are also recognized as property under the Article 300-A of the Constitution.”

Case Briefs High Courts

Mere liking of a post does not attract penalty under S. 67 of IT Act or constitute a criminal offence: Allahabad High Court

“Even otherwise Section 67 of the IT Act is for obscene material and not for provocative material. The words “lascivious or appeals to the prurient interest” mean relating to sexual interest and desire, therefore, Section 67 IT Act does not prescribe any punishment for other provocative material.”

Case Briefs High Courts

‘Injury to witness is an inbuilt guarantee of his presence at crime scene’; Bombay HC upholds conviction of two members of Chhota Rajan gang

“The conviction can be based on the testimony of a single eyewitness and there is no rule of law or evidence which says to the contrary, provided that the said witness passes the test of reliability.

Case Briefs High Courts

Madras HC expresses concern over criminal behavior among students of prestigious institutions; Recommends formation of special committee to address behavioral issues

“It is disheartening that students of such prestigious institutions have recently been involved in criminal behavior, tarnishing their reputations and jeopardizing their futures.”

Case Briefs High Courts

Delhi High Court issues urgent directions for rape victims seeking abortion beyond 24 weeks after hospital delays care to 15-year-old

The present case has once again brought to light, the distressing reality that victims of sexual assault, particularly those who are minors and come from socio-economically disadvantaged backgrounds, often remain unaware of the appropriate legal forum to approach, or the procedure to be followed, in cases involving termination of pregnancy resulting from sexual assault.

Case Briefs High Courts

Calcutta High Court grants bail in ₹37.29 cr GST ITC fraud case involving arrest without adjudication

The Memo of Arrest Served on the petitioner records that the arrest is based on the alleged wrongful availment of Input Tax Credit (ITC) amounting to ₹37.29 crores purportedly based on invoices raised without actual supply of goods

Case Briefs High Courts

MP High Court imposes Rs 5 lakh fine on Bhopal DIG for suppressing evidence in murder probe

“The then SP Datia has no regards for the law of land, and he is in habit of functioning as a Police Officer according to his own whims and wishes, thereby giving a complete go-by to the law of the land.”

Case Briefs High Courts

‘Employee not at fault for service interruption; entitled to all service benefits’; Madras HC directs authorities to grant retirement benefits to former Village Administrative Officer

“The respondents cannot take a stand that since the petitioner did not serve during the period, on the percept of ‘no work no pay’ his pay was fixed notionally to enable him to get pensionary benefits. The said contention of the respondents is untenable and unsustainable in the eye of law.”

Case Briefs High Courts

Allahabad High Court grants bail to a man accused of manufacturing synthetic milk and paneer from harmful chemicals for over two decades

The main accused, Ajay Agrawal, a businessman from Bulandshahr, Uttar Pradesh, and owner of Agarwal Traders, also has been arrested for adulterating dairy products.

Case Briefs High Courts

‘Private colleges must desist from giving irregular admissions’; Rajasthan High Court regularises NEET-qualified students’ irregular admission with fine

“Regularisation of admission, subject to payment of Rs.1 lac fine from each student for the lack of diligence, would meet the ends of justice and may operate as a scarecrow for the future students to remain cautious and careful, while getting admissions.”

Case Briefs High Courts

Any marriage solemnized in Arya Samaj Mandir as per Vedic procedure is valid marriage under Hindu Marriage Act: Allahabad HC

“In Arya Samaj Mandir, marriage is conducted as per the vedic procedure, which includes Hindu customs and rites like Kanyadan, Panigrahan, Saptapadi and chanting of Mantras while applying vermilion.”

Case Briefs High Courts

Bombay High Court directs State Advisory Board to consider grievances of differently abled persons for accessibility at bus stops/terminals

Under Section 66 of the Rights of Persons with Disabilities Act, 2016, the State Advisory Board on Disability for differently abled persons has been constituted.

Case Briefs High Courts

Only legally recognised heirs, preferably through a succession certificate, can stake a claim to deceased’s employment dues: MP High Court

“The nominee is nothing but a trustee who holds money on behalf of all the legal representatives.”

Case Briefs High Courts

Heinous acts of abduction, armed threat, assault, coerced self-incrimination is detrimental to public order & beyond scope of private dispute: MP High Court

The Court reiterated that heinous offences and crimes against society cannot be quashed merely on the basis of compromise.

Case Briefs High Courts

Delhi High Court stays BCI’s ban on advocate’s legal practice pending challenge to professional misconduct order

The grievance in the petition was that the Bar Council of India (BCI) had prohibited the petitioner from practicing law without following the required disciplinary procedure under the Advocates Act, 1961. The petitioner argued that the BCI’s order was issued without conducting a proper inquiry or providing an opportunity to present evidence, thereby violating principles of natural justice.

Case Briefs High Courts

‘Classic case of honey trap’; Bombay HC grants bail to former Navy apprentice accused of sharing sensitive information

Honey trap typically involves an individual, often an intelligence agent, who assumes a false identity and cultivates a relationship with the target. Such a relationship is built on the foundation of trust and intimacy exploiting the target’s vulnerability and desires.

Case Briefs High Courts

Delhi High Court restrained DPS Dwarka from confining or discriminating against students over fee disputes

Any issue regarding non-payment/ deficit payment of fees cannot possibly serve as a justification for indulging in harassment of the students and/ or subject them to discrimination/ indignity within the school premises, as a device or means to recover any outstanding fees.

Case Briefs High Courts

‘Part of right to life under Art. 21’; P&H HC quashes notification clause providing cut-off date for grant of electricity connection in unauthorized colony

The cut-off date is meaningless and/or is redundant, it is neither based on any intelligible differentia nor it has any nexus with the objective sought to be achieved, inasmuch as, the unauthorized constructions over an unauthorized colony being permissible to be compounded, thus only within the arena of the stipulations as made in the apposite notification/rules/building byelaws.