High Courts Archives | Page 4 of 565

‘No proper inquiry, opportunity of hearing’; Chhattisgarh HC quashes stigmatic order terminating Gram Rojgar Sahayak from his service

The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.

Case Briefs High Courts

Compounding of the offences permitted under IT Act; Orissa HC refuses to exercise power under S. 482 for quashing proceedings under S. 276(B) of Income Tax Act

The Circular dated 17-10-2024 issued by the Central Board of Direct Taxe provides fresh guidelines for compounding of offences under the Income Tax Act.

Case Briefs High Courts

Interpreting S.468(3) CrPC in a way which considers relevant offences as one where summons is issued leads to absurdity; Delhi HC dismisses petition to quash complaint

“Limitation seeks to prevent abuse of process by filing vexatious and belated prosecutions. However, at the same time, Criminal Procedure Code, 1973 (‘CrPC’) is not blind to the problems faced by litigants and provides for extension of the limitation period in certain cases under Section 473¹ of the CrPC. Thus, CrPC also ensures that interests of bona fide complainants are not affected.”

Case Briefs High Courts

Orissa HC quashes proceedings against law students for ragging 1st yr student, considering mutual settlement; directs for volunteer at orphanage

“In the nascent stage of their career as law students, the conduct of the petitioners is highly objectionable. Ultimately pursuit of legal education is not just about eventual personal success but about thriving for a course change in the society towards positivity.”

Case Briefs High Courts

Wife filing false case under S.498-A IPC to correct husband’s behaviour amounts to cruelty: Bombay HC

Once the mind of a spouse is corrupted to resort to a false prosecution against a spouse, it is certain that the spouse has lost all reasonableness and rationality to maintain solemnity of the marriage.

Case Briefs High Courts

Bombay HC rebukes Indian Overseas Bank for apathetic denial of employee’s request to forego her promotion to care for her disabled son

“We find that the Bank is no way going to be impacted, if the petitioner who has rendered 13 years of service with an unbleached record in Mumbai was brought back to the post of Clerk held by her in past.”

Case Briefs High Courts

Why Karnataka High Court dismissed pleas on Reservation of Women in Bengaluru Advocates Association Elections?

The Court said directions regarding ensuring reservation of women advocates had been issued by the Supreme Court under Art. 142 and same cannot be done by the High Court.

Case Briefs High Courts

Andhra Pradesh High Court upholds interim attachment of Iron Ore in arbitration dispute based on prima facie case and balance of convenience

The Court observed that though the appellant contended that the net worth of the company is Rs.91 crores and is not a fly-by-night company, no physical assets or any other alternative security is provided either before the Single Judge or before the present Court.

Case Briefs High Courts

“Religious terrorism is tragic & dangerous phenomenon”; MP High Court denies bail due to strong prima facie evidence & National Security threat

“Religious terrorism is a tragic and dangerous phenomenon that distorts the true teachings of faith and causes immense harm to individuals and societies. While the roots of religious terrorism are deep and complex, it is crucial to understand that no religion inherently supports violence or terror.”

Case Briefs High Courts

‘Student’s right to travel abroad by issuance of passport cannot be scuttled merely because father did not grant consent’; Bombay HC directs Passport Officer to consider application by mother

The right to travel is required to be not only recognized but made more meaningful, which can be achieved and supported by authorities implementing the provisions of the Passport Act, 1967 by effectively recognizing contemporary needs in dealing with passport applications.

Case Briefs High Courts

‘Twin Conditions under S. 127 of Income Tax Act was not complied with’; Himachal Pradesh HC grants relief to assessee whose tax assessment was wrongly transferred

“A valuable right of assessee is clearly involved in the matter, when he objected to jurisdiction of the assessing officer and transfer of his case, which obviously could not have been adjudicated upon without affording an opportunity of hearing and disclosing to him the reasons for not accepting his point of view.”

Case Briefs High Courts

“There is no requirement under law for government employees to declare all family members”; Delhi HC sets aside order dismissing application under Order 7 Rule 11, CPC

“Even if the name of family members are not mentioned in the service book, even then they can apply for family pension to which they would be entitled, if they are qualified as per the Pension Rules.”

Case Briefs High Courts

‘Husband’s inability to cohabit is a condition known to him and does not travel beyond home’; Bombay HC quashes FIR against husband’s relatives

The Court stated that Applicants 5 to 8, being maternal uncles and their wives, are only instrumental in introducing Applicant 1’a marriage proposal to the complainant and it cannot be said that they knew about his condition.

Case Briefs High Courts

‘Consideration of PO Act is right of accused and duty of Courts’; Gauhati HC grants benefit under PO Act to Headmaster & his son convicted of assaulting student’s mother

“The Probation of Offenders Act, 1958 was a milestone in the progress of the modern liberal trend of reform in the field of Penology. It was the result of recognition of the doctrine that the object of criminal law was more about the reformation of the offender than punishing him.”

Case Briefs High Courts

TRAI cannot request information from Telecom Service Provider under RTI Act to address individual grievances or access customer-specific information: Delhi HC

The Court stated that requiring TRAI to retrieve information about individual complaints from Telecom Service Provider will impose an impractical and onerous burden on the TRAI. With a workforce of merely 170 employees, the TRAI lacked the operational capacity to manage or compile data related to the grievances of over 900 million telecom subscribers.

Case Briefs High Courts

Telangana HC refuses to quash FIR against Former Minister KT Rao over alleged misuse of public funds in Formula E Championship

“It is relevant to note that the FIR need not disclose any specific offence. The FIR should indicate that prima facie an allegation of commission of an offence exists and such an allegation requires an investigation.”

Case Briefs High Courts

‘Ends of justice would not be met by quashing FIRs’; Bombay HC refuses to exercise jurisdiction under S. 482, CrPC

“The process of law would take its own course through the trial”

Case Briefs High Courts

Delhi High Court dismisses petition alleging medical negligence and misconduct against doctors at Max Super Speciality Hospital

“While it is acknowledged that doctors are expected to apply a reasonable level of expertise and exercise due diligence in their practices, their conduct must not be judged against preconceived notions of a specific procedure or outcome.”

Case Briefs High Courts

‘No application of mind, precious time of police & Court wasted’; Gujarat HC slams Police, Prosecution and Trial Court for invoking POCSO Act after 8 yrs of FIR

In a sexual harassment case of a 15-year-old girl, the charges under POCSO Act were added at the fag end of the trial, despite that the victim deposed during the examination that she was aged 15 years at the time of the incident.

Case Briefs High Courts

Uttaranchal HC dismisses petition against Government Orders issued in pandemic for directing private unaided residential schools to charge only tuition fee for online classes

“School management was not justified in demanding fees for services which are provided only when the school runs in physical mode.”