High Courts Archives | Page 75 of 591

MP High Court imposes cost of Rs 50,000/- on Khandwa BJP MLA Kanchan Tanve for delaying tactics and false allegations against the Court

‘Section 86(6) of the Representation of the People Act, 1951, mandates the trial of an election petition to continue from day to day unless adjournment is necessary.’

Case Briefs High Courts

Delhi High Court rules on application of ‘Margin of Error’ and Upper Age Limit in Bone Ossification Tests for Determining Victim’s Age in POCSO Cases

In cases of sexual assault and POCSO cases, wherever, the court is called upon to determine the age of victim based on “bone age ossification report”, the upper age given in “reference range” be considered as age of the victim.

Case Briefs High Courts

Dress code prescribed by Chembur Trombay Education Society restricting wearing of hijab, does not violate Fundamental Rights: Bombay HC

The Court referred to Fathima Thasneem v. State of Kerala, 2018 SCC OnLine Ker 5267, wherein it was held that there may be a fundamental right for a student to choose a dress but there is also a fundamental right of establishing, managing and administering an educational institution.

Case Briefs High Courts

Inside Madras High Court’s verdict on post-sale discounts received by way of financial credit notes

“The conclusion that the taxable person is providing a service to the supplier while taking the benefit of a discount by facilitating an increase in the volume of sales of such supplier, is ex facie erroneous and contrary to the fundamental tenets of GST law. Therefore, this conclusion warrants interference, and this issue requires re consideration.”

Case Briefs High Courts

Calcutta High Court directs Senior Examiner of Trademark to pass Speaking Order on rejection of Trade Mark Application for “ELECTRONICA”

The hearing in the present matter was concluded on 15-02-2023 and the Senior Examiner of Trade Marks passed the impugned order on 14-02-2024, i.e. after a period of one year.

Case Briefs High Courts

Telangana HC dismisses plea of former CM K. Chandrashekar Rao challenging appointment of Commission to inquire into irregularities of power procurement from DISCOMS during his tenure

The Court opined that the press conference was held to update the media about the status of the proceedings before the Commission and the extract of the press conference did not contain any material indicating that Respondent 3 pre-judged the issues pending before him.

Case Briefs High Courts

Bombay HC upholds constitutionality of UGC Distance Learning Programme Regulations stipulating double-entry barriers for offering UG & PG programmes

The Court stated that the stipulation of quality control standards through an accreditation score or ranking is not per se arbitrary, however also acknowledged their inappropriateness for skill universities such as Symbiosis Skills and Professional University.

Case Briefs High Courts

‘Suffered undeserved legal injury to her reputation’; Delhi HC orders TMC MP Saket Gokhale to pay Lakshmi Puri Rs 50 lakh damages for defamatory tweets alleging financial impropriety

“It is necessary to draw a distinction between a person’s financial affairs being open to public scrutiny, by requiring disclosure or clarification through legitimate means, which may not amount to defamation; and a person being subjected to vilification and to baseless and false ignominy, by asking tendentious questions laced with innuendo.”

Case Briefs High Courts

‘Reluctance to marry after engagement cannot be made penal offence’; Orissa HC quashes Trial Court’s cognizance order for offence u/s. 306

“The case unveils the kind of damage caused in the minds of young people due to societal pressure, particularly in this age where psyche of the society as a whole is dominated by internet and social media platforms. It is unfathomable that a highly educated young girl, who was pursuing her Ph.D in Electrical Engineering, could even thought of taking her own life.”

Case Briefs High Courts

Madras HC takes suo motu cognizance of Kallakurichi hooch tragedy; Directs Registry to place matter before Acting Chief Justice

“The people inhabiting the Kalvarayan hills are from economically and socially backward sections of the Society and their fundamental right to life under Article 21 of the Constitution need to exercised to the fullest.”

Case Briefs High Courts

‘A person belonging to LGBTQ+ community is vulnerable to ridicule, harassment in jail’; Bombay HC grants bail to man accused of child trafficking

The applicant contended that their gender identity and medical condition made them vulnerable to harassment and ridicule in society and in jail.

Case Briefs High Courts

‘Totally illegal, arbitrary and whimsical’; Jharkhand HC directs State to pay Rs 5 lakh compensation for illegal demolition of shops

The Court stated that even though the right to property is no longer a fundamental right and was never a natural right, it must be accepted that without the right to property, other rights become illusory.

Case Briefs High Courts

Delhi High Court denies bail to K. Kavitha in cases related to Delhi Liquor Policy scam

The Delhi High Court stated that a prima facie case of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 was made against K. Kavitha based on the material placed on record.

Case Briefs High Courts

‘Preposterous to assume that Chief Minister of State will personally handle twitter for posting trivial, casual tweets’: Telangana HC dismisses plea to register FIR against CM

As per petitioners, the Chief Minister is responsible for tweeting fake circular of closure of hostels and messes in the Osmania University due to acute shortage of water and electricity.

Case Briefs High Courts

‘Awards of Lok Adalat are not independent verdict, should strive to function as conciliators and have no jurisdiction to try policy matters’: Orissa HC

“The Lok Adalat should resist their temptation to play the role of regular Judges rather they should constantly strive to function as conciliators. The endeavour and effort of the Lok Adalats should be to guide and persuade the parties, with reference to principles of justice.”

Case Briefs High Courts

‘Article 21 includes right to safe and healthy food’; Rajasthan High Court issues interim measures to curb food adulteration

“Food adulteration is an increasingly recognized global public health problem… Adulteration or contamination of natural food product is one of the major challenges in today’s society.”

Case Briefs High Courts

Madras HC directs State Bar Council to expedite elections for Egmore Court Advocate’s Association

“In the event of any unruly behavior of the members of the Bar Association or any unlawful or illegal activities, the Bar Council of Tamil Nadu and Puducherry is bound to initiate appropriate disciplinary action against the Advocates, involving in such activities.”

Case Briefs High Courts

Kerala HC directs Police Chief to ensure arrests or detention based on wrong identity do not violate right to life and liberty

“Urgent necessity of ensuring that the identity of the person is established clearly before any arrest/detention is made by the Police officials, either in the execution of a warrant issued by the court or otherwise”

Case Briefs High Courts

Andhra Pradesh HC directs State authorities to file details regarding implementation of electronic monitoring and enforcement of road safety

The Court also directed that the Legal Services Authority and the police authorities to start campaigns to highlighting the evil effects on account of non-usage of the protective headgear.

Case Briefs High Courts

Quashing criminal prosecution by obtaining apology letter for violence inside college campus by teachers is not in interest of justice: Madras HC

“When the specific overt act attracting prosecution for criminal offence been made out by the prosecution, if at all the accused wants to plead guilty, it should be done in the manner known to law under Section 482 of CrPC”