High Courts Archives | Page 89 of 591

Delhi High Court directs State Bank of India to provide all documents forming basis of the Show Cause Notices issued to Educomp Solution

The Delhi High Court emphasised that if the relevant documents are not provided to a party, the whole procedure of issuance of Show Cause Notice would be reduced to an empty formality.

Case Briefs High Courts

‘Not maintainable at this stage’; Delhi HC dismisses petition seeking to set aside order cancelling candidate’s nomination to contest Lok Sabha Election

Respondent submitted that present petition is not maintainable, at this stage, in view of the bar under Article 329(b) of the Constitution and the petitioner has the remedy of filing an election petition after the elections are over.

Case Briefs High Courts

Delhi High Court discharges advocate for contempt of Court due to medical reasons; Directs Bar Council to assess his fitness to practice

The Delhi High Court refrained from taking any coercive action against advocate for contempt of Court in view of his medical condition.

Case Briefs High Courts

‘Can only claim partition of assets of HUF as on the date of institution of suit’; Delhi HC dismisses plea seeking amendment of plaint to include alienated shares worth Rs. 15,30,00,000

The Delhi High Court said that in a suit for partition and possession, a relief of declaration sought by way of amendment is impermissible as it would change nature of suit.

Case Briefs High Courts

[Delay and Laches] Delhi High Court dismisses petition seeking land reallocation in exchange for Jhuggi demolished 17-years-ago

Since the Petitioner made an inexplicable delay in filing the petition for reallocation of land by DDA after receiving license fee, the petition deserves to be dismissed on account of delay and laches.

Case Briefs High Courts

[Rajkot Gaming Zone Fire] Gujarat HC takes suo motu cognizance of gaming zone fire tragedy

“Prima-facie, a manmade disaster has occurred where many lives have been lost and families have grieved today for the loss of lives in their respective families.”

Case Briefs High Courts

Bombay High Court grants one-week temporary bail to life convict to appear for law entrance exam

The Bombay High Court noted that the applicant was in jail for the last nine years and during trial he was on bail for some period, and he did not misuse the liberty granted to him.

Case Briefs High Courts

‘Counterclaim akin to a cross-suit, can proceed independently’: Allahabad HC allows counterclaim to proceed after withdrawal of main suit

“Insofar as Rule 6-D of Order VIII C.P.C., it clearly provides for “Effect of discontinuance of suit” that if in any case in which the defendant sets up a counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed, the counter-claim may nevertheless be proceeded with.”

Case Briefs High Courts

Kerala HC directs registry to list matters as per roster, failing which strict disciplinary action will be taken

“The Office is duty bound to list matters before the concerned Judge strictly as per the roster, unless otherwise ordered by the Chief Justice. Any deviation from this direction, thereby causing difficulty to the Judges or Advocates appearing in the matter, will invite disciplinary action against the officials concerned.”

Case Briefs High Courts

Delhi High Court sets aside Punishment Ticket issued to Central Jail inmate for possessing 50 grams of tobacco

The Delhi High Court noted that there was a delay in forwarding the punishment inquiry to the Inspecting Judge, which contravened Rule 1273 of the Delhi Prison Rules, 2018.

Case Briefs High Courts

Application for extending mandate of the Arbitral Tribunal for passing Award to be filed only before ‘Court’ as defined u/s 2(1)(e) of A&C Act: Andhra Pradesh HC

“If the intention of the Parliament were to vest the power of extending the mandate of an Arbitrator under Section 29A of the Arbitration and Conciliation Act, 1996 only in High Court as envisaged under Section 11, then nothing could have prevented it from providing so.”

Case Briefs High Courts

[Naval Staff Promotions] Bombay HC dismisses petition by 25 naval staff members for discrepancies in promotions

The Court held that the mere ipse dixit of the petitioners was the prejudice and monetary loss caused to them; not even a single instance of a junior employee was promoted before a senior employee was presented by the petitioners.

Case Briefs High Courts

Whether Housing Finance Company can recover loan amount of less than ₹20 lakh under SARFAESI Act? MP High Court answers

MP High Court held that the writ petition is maintainable due to the pure legal questions involved regarding the applicability of SARFAESI Act provisions to HFCs for amounts below the Rs. 20 Lakhs threshold.

Case Briefs High Courts

MP High Court refuses to quash FIR against advocate booked for posing as Train TTE

MP High Court noted that even if the receipt book was not an EFT Book, it had the seal of the North-Central Railway, creating the impression of official railway documentation.

Case Briefs High Courts

‘Action taken so far is totally unsatisfactory’; Punjab and Haryana HC provide one week to file status report on action taken in matter of wild growth of cannabis

“In most of the photographs, it is evident that after cutting down of such wild growth of cannabis, a part of it is still lying scattered though major part or it has been transported but to which place or what has been done to those cut-out cannabis has not been explained.”

Case Briefs High Courts

West Bengal Backward Class Commission reduced to obedient pet by State; Calcutta High Court cancels post-2010 OBC Certificates

The State has, in derogation of West Bengal Commission for Backward Classes Act, 1993 and the law declared under Article 141 of the Constitution, decided who would be the surveying and data collecting authority for the Commission. The Commission has been reduced to a handmaiden and or a compulsively obedient pet by the State.

Case Briefs High Courts

Payment of Gratuity Act 1972 is applicable to anganwadi workers and helpers working in the State: Tripura HC reiterates

The anganwadi centres are the creation of the Intensive Child Development Services Scheme, launched in 1975 to address the issues of health, nutrition, and education needs of children and each anganwadi centre is managed by one anganwadi worker and one anganwadi helper to implement the Scheme.

Case Briefs High Courts

‘Leave encashment once earned, constitutes employee’s property’; Bombay HC directs bank to pay encashment of privileged leave to its former employees

The Bombay High Court held that leave encashment is akin to a salary, which is a property, and depriving a person of his property without any valid statutory provision would violate Article 300-A of the Constitution.

Case Briefs High Courts

Delhi High Court denies bail to alleged NSCN-IM member in terror funding case

The Delhi High Court says that being a government employee, the appellant cannot be permitted to be free by merely contending that the accounts, though in his name, were being managed by the co-accused.

Case Briefs High Courts

Bombay High Court reinstates government employee terminated by State issuing a stigmatic order without conducting enquiry

The Court referred to MAT’s finding that the petitioners were empowered to terminate the services of a probationer in case of misconduct, provided that such misconduct is proved after an opportunity of being heard is availed to the respondent. However, the same was not followed by the petitioners.