High Courts Archives | Page 11 of 566

Rajasthan High Court refers issue of shifting Rape/POCSO Act Convicts from Jail to Open Air Camp to Larger Bench

The Court asserted that Judicial discipline requires coordinate benches to follow earlier decisions or refer the matter to a larger bench if there is disagreement.

Case Briefs High Courts

‘Proxy litigation in India to satisfy personal spite cannot be allowed, when disputes are settled abroad’: P&H HC highlights disturbing trend in matrimonial disputes by foreign nationals

The Court stated that it is baffling that FIR propped up in India, especially considering that the wife has never pursued any criminal complaint against the petitioners in India or in Australia in eight years of marriage.

Case Briefs High Courts

Kerala High Court quashes domestic violence case filed by mother-in-law against parents of daughter-in-law for lack of domestic relationship

“When the proceedings under the DV Act are found to be an abuse of process of Court, in order to secure the ends of justice and to save the parties being put into a frivolous litigation, the High Court must exercise its power under Section 482 of CrPC or under Section 528 of BNSS, otherwise abuse of process of Court would not be addressed or prevented”.

Case Briefs High Courts

Gauhati High Court permits minor victim of Gang Rape to terminate 26-week pregnancy

Comparing the present situation with the risk that the victim may undergo at the time of delivery at full term of pregnancy, the risk factor appears to be same at the present stage as well as the risk that would be involved at the time of delivery at full term of pregnancy.

Case Briefs High Courts

‘Men have pride and dignity too’: Kerala HC grants bail to actor-director Balachandra Menon in 2007 sexual assault case

“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”

Case Briefs High Courts

Andhra Pradesh High Court grants anticipatory bail to Ram Gopal Varma in criminal defamation case for objectionable posts on ‘X’ (Twitter)

The Court directed that the petitioner shall cooperate with the investigation as and when required for the purpose of investigation.

Case Briefs High Courts

‘Union expected to be more careful while giving reasons to candidates for not being appointed’: Delhi High Court

‘Being careful while giving reasons to candidates for which they have not been appointed would help in avoiding such litigation which entails cost for candidates who may not be able to afford it.’

Case Briefs High Courts

Purpose of Zero FIR under BNSS is to ensure victims can file complaints regardless of jurisdiction: Kerala HC directs Magistrate to reconsider DBS Bank application to register FIR

“Under Section 173(1) of BNSS, the police cannot refuse to register an FIR on the ground of “not having territorial jurisdiction” over the offence for the reason that some part of the offence was committed outside the local jurisdiction of that concerned police station.”

Case Briefs High Courts

Bombay HC imposes Rs 25000 cost on Educational Institution clerk who attempted to hoodwink the Court by correcting his date of birth

The Sub-Divisional Officer, Miraj passed an order thereby correcting petitioner’s date of birth and therefore, the District Collector, Sangli was directed to issue notice to the Sub-Divisional Officer, Tasgaon, asking for an explanation, as to how he could record the date of birth as 02-06-1972.

Case Briefs High Courts

‘Matters casting financial liabilities or penal consequences cannot be kept pending for years’; Delhi High Court quashes decade long delayed show cause notices

A statutory authority when faced with such a challenge would be obligated to prove that it was either impracticable to proceed or it was constricted by factors beyond its control which prevented it from moving with reasonable expedition.

Case Briefs High Courts

‘Compulsory retirement not a punishment, does not have any stigma attached to it’; Chhattisgarh HC upholds compulsory retirement of a 50-year-old man

As per Annual Confidential Reports, the petitioner’s overall grade was average or below average. Since, the petitioner completed 50 years of age, this decision of compulsory retirement could have been taken by the State authorities. The un-communicated adverse remarks cannot be made a basis to disturb the finding recorded by the competent authority.

Case Briefs High Courts

‘Nikah-Nama should be issued in a language widely known to society’; Rajasthan High Court directs State to issue guidelines for bilingual Nikah-Namas

“Marriage, as we all know is an important sacrament and is considered as a sign of cohabitation between a male and a female which is acceptable in the civil society and is valid in the eyes of law.”

Case Briefs High Courts

Writ petition against administrative authority cannot be dismissed as ‘non-maintainable’ merely on ground of existence of alternative remedy: Kerala HC

There is a difference between entertainability and maintainability of a writ petition. Powers under Article 226 of the Constitution of India can be exercised in restricted circumstances and within well-defined parameters, even if there exists an alternate remedy.

Case Briefs High Courts

Rajasthan High Court allows father’s Habeas Corpus plea; directs child’s return to US rather than facing illegal migrant status in India

The Child status as an illegal migrant in India post-visa expiration posed legal and social constraints, making his welfare better served in the U.S., where he enjoys full rights as a citizen.

Case Briefs High Courts

Non-compliance of natural justice principles, an exception to Rule of Discretion vis-a-vis exercise of HC’s jurisdiction under Art. 226: Karnataka HC

Court reiterated out that availability of an alternative remedy, would not be an embargo on the High Court’s power to entertain the petition under Article 226 in certain contingencies.

Case Briefs High Courts

Know why Madras HC allowed accused persons in Kodanadu heist and murder case to examine former CM Edappadi Palaniswami and VK Sasikala as witnesses

Madras High Court emphasized that it is crucial for the true facts of the case to be brought to light in the pursuit of justice. Denying both the prosecution and the defense the opportunity to present their cases would violate fundamental legal principles

Case Briefs High Courts

Karnataka HC denies bail to Founder & Chairman of Sri Guru Raghavendra Sahakara Bank accused of misappropriating approximately Rs. 1553 crores

The bail application of the Founder-Chairman has been denied for the fourth time. Earlier, his bail was denied twice by the Court and once by the Supreme Court.

Case Briefs High Courts

Read why Kerala HC directed ED probe and payment to victims of Edamulackal Co-Operative Bank fraud case

The Court questioned the authorities as to why the initial FIR was lodged only against the former Secretary and the recovery proceedings were referred to the joint secretary who had no authority.

Case Briefs High Courts

Gauhati HC directs Chief Executive Officer, Haj Committee to dispose of representations on excess amount collected from pilgrims within 90 days

Though the air fare of the chartered flight from Guwahati to Jeddah was collected from the pilgrims, however, during the boarding at Guwahati, pilgrims of Assam were asked to take normal passenger flight instead of international chartered flight.

Case Briefs High Courts

MP High Court accepts man’s unconditional apology in contempt case; directs him to plant 50 trees of indigenous species

The respondent expressed remorse and tenders an apology, undertakes that in future he will ensure maintenance of proper decorum of the Court and volunteered to undertake social service.