High Courts Archives | Page 98 of 591

Candidate not necessarily suffering from disability set out in RPwD Act but having special needs is entitled to reasonable accommodation: Madras HC

“If the facilities required by the petitioner are denied, she will not be able to take the examination, which would lead to discrimination that is forbidden by Article 14 of the Constitution of India.”

Case Briefs High Courts

Dismissal of complaint for non-appearance not justified when case is transferred without intimation: Rajasthan High Court

Rajasthan High Court held that power of the Magistrate under Section 256 CrPC to acquit an accused is “not to be indiscriminately exercised whimsically and mechanically for the statistical purposes of removing a docket from its rack as it undermines the cause of justice.”

Case Briefs High Courts

[Sexual Harassment] Accused being a police personnel cannot be a ground to presume that witnesses will not depose against him: Delhi HC upholds setting aside of dismissal order

The Court stated that only because respondent is police personnel, it cannot be a ground to hold him guilty without conducting the statutorily prescribed departmental enquiry and that too in a matter, where the complainant and the witnesses are also police personnel.

Case Briefs High Courts

Bombay High Court directs State to provide information regarding effective implementation of Prohibition of Manual Scavengers Act, 2013

At present, as phase one, Bombay High Court directs that information be called from the Municipal Corporation of Greater Mumbai, Thane Municipal Corporation, Kalyan-Dombivali Municipal Corporation and MiraBhayander Municipal Corporation.

Case Briefs High Courts

Delhi Government, due to absence of the CM is at standstill; Delhi High Court rebukes State authorities over non availability of free textbooks and uniform

Non-availability of Chief Minister or non-formation of a Standing Committee or disputes pertaining to appointment of an aldermen by the LG or non-delivery of judgment by a competent Court or non-compliance of certain provisions of Delhi Municipal Corporation Act cannot come in the way of the school-going children receiving their free text books, writing material and uniform forthwith.

Case Briefs High Courts

Whether the Muslim Personal Law (Shariat) Application Act overrides Karnataka Stamp Act? Karnataka HC answers

The Court noted that what is not expressly recognised in Shariat law is not necessarily something which is forbidden. It may still be in tune with the philosophy of the Quran.

Case Briefs High Courts

Calcutta High Court: Writ petition under Article 226 not maintainable against Bar Association; To be challenged before competent court of law

Alipore Bar Association being not a state “other authority” or “agency or instrumentality” of the state within Article 12 and “authority or person” discharging public function within the meaning of Article 226, writ against Alipore Bar Association that too in the matter of election to the Bar Association is not maintainable.

Case Briefs High Courts

J&K and Ladakh HC directs resumption of defamation trial against Greater Kashmir vis-à-vis their articles alleging Rs 13 crore land sale by DAV School Management

It was further pointed out that Greater Kashmir is a popular newspaper and the impugned news articles condemning the DAV School management will obviously leave the public with a prima-facie impression that the DAV Management has acted as if “fence eating the crop”.

Case Briefs High Courts

Can a married couple seek parenthood under Assisted Reproductive Technology (Regulation) Act, 2021 despite age constraints for one partner? Calcutta HC answers

“Section 21(g) makes no difference between a woman who approaches a clinic for taking resort to such technology individually and a woman who is one of the spouses of a commissioning couple approaching a clinic for similar purposes.”

Case Briefs High Courts

‘Unjustified perception that wife working as police officer can never be victim of domestic violence’; Delhi HC sets aside order discharging husband and his family of cruelty

“The essence of gender-neutrality must permeate through every line of a judgment, and a judge must cultivate thoughts that are inherently gender-neutral.”

Case Briefs High Courts

Bombay High Court upholds Cadbury’s termination decision for not being ‘employee’ under MRTU and PULP Act

Both Labour as well as Industrial Court have concurrently held that apart from performing supervisory nature of duties, the petitioner did not himself perform any manual, skilled, unskilled or clerical work.

Case Briefs High Courts

Inside Madras HC verdict declaring TN Public Premises (Eviction of Unauthorised Occupants) Amendment Act, 2010 as unconstitutional

“Amendment to the TNPP Act, `1975 in the year 2010, bringing within its realm the Waqf properties, would be a dead letter, inoperative and non-est. Any action taken by the Estate Officer in respect of the Waqf property, resorting to the TNPP Act, 1975, would be coram non judice, non est and void.”

Case Briefs High Courts

Delhi High Court | Allegations of unchastity and indecent familiarity with a person outside wedlock amounts cruelty

Marriage is a relationship which flourishes when nurtured with absolute trust and compassion but whittles down when sprinkled with accusations on character, fidelity and chastity of the spouse and becomes beyond redemption when the devastating effects of this one-sided barrage of accusations is topped with rejection of paternity and legitimacy of the innocent children, by their own father.

Case Briefs High Courts

‘Well-meaning teacher facing trial for suicide of hypersensitive student will be travesty of justice’; Punjab and Haryana HC set aside abetment of suicide charge against a teacher

“If a person committing suicide is hypersensitive and the allegations attributed to the accused are otherwise not ordinarily expected to induce a similarly situated person to take the extreme step to commit suicide, it will be unsafe to hold the accused guilty of abetment of suicide.”

Case Briefs High Courts

Read why Allahabad HC directed UGC to circulate its guidelines on reform programmes dealing with student misconduct, to all Universities

“Last fetters of colonial legacy which had constrained the Indian educational policy and condemned Indian students have been cast aside by the UGC and the BHU. Reform programmes are liable to imbibe noble ideals and strength of character that insulate students from toxic influences and deter them from deviant actions.”

Case Briefs High Courts

[2008 Delhi Serial Bomb Blasts] Delhi HC dismisses plea of three members of “Indian Mujahideen” group against the order denying them bail

Appellant along with other associates, is alleged to have hatched conspiracy of serial blasts in Delhi, resulting in explosions causing killing of 26 people and injury to 135 people.

Case Briefs High Courts

Cognizance taken by Magistrate and Additional Sessions Judge in parts is not legally permissible: Rajasthan High Court

“Criminal law serves the purpose of maintaining law and order by providing predictability. It protects individual rights …Criminal law deals with offences and helps to protect the society from falling into the state of anarchy.”

Case Briefs High Courts

No statutory provisions to exempt PepsiCo from complying with Rule 6(1)(a) of Standards of Weights and Measures (Packaged Commodities) Rules, 1977: Telangana High Court

Under Rule 6(1)(a) of the 1977 Rules, a manufacturer is required to mention on every package the name, address, telephone number, e-mail address of the person or the office that could be contacted in case of a consumer complaint.

Case Briefs High Courts

Karnataka State Legislative Elections 2023 | Can Congress’s 5 Guarantees in their manifesto be termed as Corrupt Practices? Karnataka HC answers

Under Section 123, of Representation of Peoples Act, 1951, a practice shall be considered as a corrupt practice when the same is done by a candidate or his agent or by any other person with the consent of the candidate or his agent, and not otherwise.

Case Briefs High Courts

J&K Administration must pay compensation of 5 lakhs to a lawyer detained in preventive custody for more than 1080 days: J&K and Ladakh HC

The Court noted that petitioner had been made to suffer loss of his liberty for a cumulative period of more than 1080 days of preventive custody covered under the span of four detention orders in row from 2019 to March 2024.