High Courts Archives | Page 86 of 591

Delhi High Court quashes reassessment proceedings against Progress Rail Locomotives

The Court evaluated Art. 5 of India-USA Double Tax Avoidance Agreement to determine whether Progress Rail has Permanent Establishment in Noida and Varanasi and whether reassessment proceeding can be initiated upon them or not.

Case Briefs High Courts

Delhi High Court grants injunction against rogue websites peddling false articles on Anant Ambani Interview with CNBC-TV18

The article on the websites describes a fake/made-up interview from the actual Interview of Mr. Ambani with Mr. Anand Narasimhan, a senior anchor and Managing Editor at CNN-News18 uploaded on Network 18 Media and Investments Limited, Youtube Channel.

Case Briefs High Courts

‘Every possibility for prudent man to lose temper on seeing wife with another man’: Meghalaya HC modifies husband’s conviction u/s 302 for killing wife’s ex-husband

“On noticing the presence of the ex-husband (deceased) in his house, the husband caused the death of the deceased in order to safeguard his right over person (wife) without any premeditation or intention. The case fell within the ambit of Exception 2 to Section 300 of the IPC on the ground of it being unintentional and consequently, it is culpable homicide not amounting to murder.”

Case Briefs High Courts

What is the extent of powers of amendment of pleadings in proceedings under Domestic Violence Act? Allahabad HC answers

Allahabad HC said that Magistrate dealing with an application under Section 12 is not called upon to act for the commission of an offence; hence what is contemplated is not a complaint but an application to a Magistrate as set out in Rule 6(1) of the D.V. Rules.

Case Briefs High Courts

Punjab and Haryana HC denies interim bail to cybercrime accused possessing thirty-five SIM cards; suggests measures to mitigate cybercrime

The Court stated that as the executive has largely been unsuccessful in curbing the escalating threat of cybercrime, one potential solution could involve limiting the maximum number of prepaid SIM cards per individual as cybercrime predominantly takes place through prepaid SIM cards.

Case Briefs High Courts

Limitation period for Government Applications governed by Art. 114(a) of Limitation Act, not Section 378 CrPC; Sikkim HC clarifies

The Court was of the view that both, the applicant in viewing the requirement of filing the appeal within six months as per S. 378(5) CrPC; and the respondents contending that the appeal should have been filed within sixty days as per S. 378(5), were equally incorrect.

Case Briefs High Courts

Central Council of Homeopathy is ‘Industry’ as per Industrial Dispute Act: Delhi HC upholds reinstatement of compulsorily retired workman

The Delhi High Court said that Section 33-A is a special provision which aims to adjudicate as to whether conditions of a service, etc. have been changed during the pendency of proceedings before an Industrial Tribunal.

Case Briefs High Courts

MP High Court criticises Indian Army’s behavior towards missing soldier’s family; calls for reforms of worn-out pension rules

“Instead of helping the family of the missing solider, the Indian Army expects them to get the date of his civil death declared through civil Court, and they are denied to release the pension and other retirement allowances of the missing solider.”

Case Briefs High Courts

Kerala HC directs the State to implement measures for effective waste disposal across Kochi

“Reports indicate that the waste removed from the drains in Kochi are stocked and accumulated on the side of the drains itself, without its further removal. The Kochi Corporation shall file a report regarding the steps taken to clear such waste from the sides and the persons responsible for carrying out the work.”

Case Briefs High Courts

‘Process might not complete within fixed timeline’; Delhi HC dispenses with the direction to capture biometric of advocates/registered clerks for issuance of proximity/identity cards

The timeline was stipulated by the Delhi High Court in a previous judgment for the issuance of identity cards to the law researchers being treated as bona fide advocates.

Case Briefs High Courts

Corruption in MNREGA | MP High Court issues notice to Collector for not taking action after investigation

Commissioner of the MP Rajya Rojgar Guarantee Commission confirmed the corruption allegations after investigation and submitted a report instructing the Collector to act.

Case Briefs High Courts

“Allowing private shrines on public land will be disastrous”; Delhi High Court dismisses petition to demarcate alleged Shrine Land on Yamuna Floodplain

The Delhi High Court said if each Sadhu, Baba, and Guru is allowed to build a shrine on public land and thereby, continue to use it for personal gains, it would lead to disastrous consequences jeopardizing larger public interest.

Case Briefs High Courts

‘Annoyance to others’ a prerequisite to invoke offence under Section 294 of IPC; Allahabad HC quashes criminal case

The issue of “obscenity or indecency per se” will not arise until or unless there is evidence on record to see that a person at a given time witnessing particular obscene act is actually annoyed or not.

Case Briefs High Courts

Bail in NDPS | Orissa High Court grants bail to accused possessing 22 kgs Ganja for being a first-time offender

“The Court noted the progress in the investigation and directed to release the accuse. However, it was clarified the order shall not be implemented if it is discovered that the accused has any criminal antecedents.”

Case Briefs High Courts

‘Criminal justice not one-sided, balance b/w conflicting rights & duties must be drawn’; Orissa HC permits recall of witness at stage of death reference

The Court permitted to put the questions mentioned in the questionnaire to the informant in the cross-examination. Regarding the evidentiary value of the same, the Court added that it will be decided during hearing of the criminal appeal and the application for confirmation of sentence.

Case Briefs High Courts

‘Will serve the purpose of speedy justice’; Bombay HC directs District Courts to mandatorily award interest on maintenance amount payable by husbands/fathers

The Court opined that the husbands/fathers are many times not depositing the arrears of maintenance for years together and they have no fear or burden to pay the interest on that amount of maintenance and this is a serious legal mischief.

Case Briefs High Courts

Delhi HC directs DDA & MCD to frame rules on levy of charges for illegal encroachment on public land

The Court stated that for ascertaining the charges to be recovered from the encroacher, the land-owning authorities shall consider the area of encroached land, period for which the encroached land was illegally used, the market price or circle rate of the encroached area.

Case Briefs High Courts

Delhi High Court dismisses petition seeking Guidelines for Suspended Insolvency Professionals by IBBI Disciplinary Committee

The Court exonerated the charges of contravention of prescribing non-refundable participation fee levied on Liquidator of Corporate Debtor, however, he was found guilty of paying excess fees to BDO Restructuring Advisory LLP.

Case Briefs High Courts

J&K and Ladakh HC takes stern note of “copy-paste UAPA arguments” highlighting internal security instead of focusing on specific material against an accused

The Court pointed out that to be influenced by the forceful submission of internal security of the State, and to reject a bail application where the State has utterly failed to disclose any material against the accused, is a sure shot recipe for miscarriage of justice.

Case Briefs High Courts

‘Accident took place due to driver’s negligence’; Gauhati HC sets aside order directing Railways to pay compensation

Section 161 of the Railways Act, 1989 makes it compulsory for the drivers of every vehicle crossing an unmanned level crossing, to stop and to observe whether any train is coming, before crossing the level crossing, but in the present case, the driver failed to do so.