High Courts Archives | Page 85 of 591

Rajasthan High Court refuses to quash FIR against two Doctors involved in illegal kidney transplantation racket

“Inherent jurisdiction by the High Court under Section 482 CrPC for quashing of FIR/ complaint should be exercised sparingly, with care and caution in rarest of rare cases.”

Case Briefs High Courts

Delhi High Court denies bail to Amandeep Singh Dhall in Liquor Excise Policy Scam case

The Delhi High Court said that the allegations against Amandeep Singh Dhall were serious in nature and their impact on society at large must be considered as a factor for adjudicating bail.

Case Briefs High Courts

Delhi HC dismisses PIL challenging appointment of National Small Industries Development Corporation’s Chairman

The Court dismissed the petition on the ground of non-maintainability as only non-appointees can assail the legality of the appointment or extension procedure.

Case Briefs High Courts

Rajasthan High Court rejects petition challenging Civil Judge Recruitment’s age eligibility criteria

Rajasthan High Court upheld the validity of Clause 20, concluding it was consistent with Rule 17 of the Rajasthan Judicial Service Rules, 2010.

Case Briefs High Courts

‘Love and affection are intangible sentiments’ Madras HC allows organ donation for transplantation, between un-related individuals

“Though the Act does not ban donation of kidney in favour of a person who is not a near relative and the only restriction is that transplantation can be done only after prior approval by the State Authorisation Committee, yet the transplant surgeons are hesitant to carry out kidney transplants between unrelated persons.”

Case Briefs High Courts

Cruelty and Desertion mutually exclusive; Once cruelty is proved, divorce should be granted irrespective of proof of desertion: Allahabad HC

“The embittered relationship between the husband and wife has not witnessed any moment of peace for the last more than a decade or more, and it is a marital relationship only on paper. The fact is that this relationship has broken down irretrievably long back.”

Case Briefs High Courts

Delhi HC directs State to file an Action Taken Report after seven new-born babies die in a fire at Baby Care New Born Hospital

A news report dated 28-05-2024, stated that out of almost 1000 hospitals registered with the Delhi Government, only 196 have fire NOC, i.e., roughly 20% of the total hospitals have fire NOCs while the rest are at risk of a fire hazard.

Case Briefs High Courts

Can a wife claim that sexual act by her husband is without consent? Madhya Pradesh HC answers

The Court stated that as per the amended definition of rape, any sexual intercourse or act, by the husband with his wife not below the age of fifteen years is not a rape, therefore, consent is immaterial.

Case Briefs High Courts

‘No Work No Pay’ Principle inapplicable in Illegal Termination case; Delhi High Court quashes Delhi School Tribunal order

The Delhi High Court reiterated that in cases of wrongful termination of service, reinstatement with continuity of service and back wages is normal rule.

Case Briefs High Courts

Confessional statement, not signed or proved by the Magistrate who recorded it, cannot be treated as true u/s 164 CrPC: Gauhati High Court

The Gauhati High Court noted that after completion of the investigation, the petitioner was not examined under Section 313 of the Criminal Procedure Code, 1973, to enable him to personally explain circumstances appearing in the evidence against him, nor was his statement recorded.

Case Briefs High Courts

[MPLADS Funds] ‘Central Information Commission has no jurisdiction to comment adversely upon the functioning of any public authority’; Delhi HC eschews CIC’s order

The Delhi High Court said that CIC can only deal with issues relating to information sought under the RTI Act or any other issue that leads to dissipation of information as sought by the applicant.

Case Briefs High Courts

Will personal right of action survive by transfer to legal heir upon original plaintiff’s death? Delhi HC answers

“The nature of infringement of his legal rights, if any, which were claimed by the deceased/plaintiff, were personal to him and certainly not heritable”

Case Briefs High Courts

[Autonomy in Panchayati Raj Institutions] | Rajasthan High Court sets aside Panchayati Raj officials’ transfer orders; Reaffirms principles of decentralized governance

The Court held that transfer orders must specify the new duty location to ensure transparency and prevent misuse of administrative discretion.

Case Briefs High Courts

Gauhati High Court directs State to specify steps taken to deal with water logging problem in Guwahati

The Court opined that the water logging issue is directly related to the public, but the authorities concerned did not address it properly.

Case Briefs High Courts

Madras High Court upholds Government Order Mandating 40% marks in Tamil paper for Group IV Government Posts

“Group IV Government employees engage in direct communication with the public for which knowledge of Tamil is essential and requirement of 40% marks in language paper is Sine Qua Non for Efficient Discharge Of their functions”

Case Briefs High Courts

‘Transgender is a gender identity; State should not have treated transgender as caste under MBC category’; Madras HC directs State to provide horizontal reservation to transgenders

“Once gender identity is given horizontal reservation, it follows that the transgender community, being a socially and educationally backward community discriminated based on gender identity, should also be entitled to similar reservation.”

Case Briefs High Courts

Retirement benefits a Constitutional and fundamental right of an employee with no legal impediment: Jharkhand High Court

The Court stated that the respondent took filmsy stand which was not acceptable and this was another glaring example of delay and laches on the respondents’ part for not extending the retirement benefits.

Case Briefs High Courts

Can a writ of habeas corpus be issued in matters of child custody? Allahabad HC explains

“In child custody matters, the remedy ordinarily lies under the statutory law, or the personal law, as applicable in the facts of the case; however, in cases which justify the exercise of the extraordinary discretionary jurisdiction under Article 226, a writ of habeas corpus would be issued where it is demonstrated that the detention of minor child, is illegal or without any authority of law.”

Case Briefs High Courts

Allahabad High Court Requests State Government to frame Insurance scheme for State Law Officers practicing in UP

Allahabad HC allowed the petitioner to raise the other issues before the Development Authority or the Nagar Nigam, as they would not be considered any further in these proceedings

Case Briefs High Courts

Husband deserting his wife, bound to maintain her and his minor children irrespective of his financial status: Karnataka HC

In the instant case, the Court noted that in current times of rising inflation and increase in cost of living, not only must the wife sustain herself and the minor daughter’s life, but she also has to contest the ongoing litigation before the Family Court.