Wednesday, 08, May, 2024
HC Expounds ‘Judicial Review of tender processes and award of contracts is limited only to the cases that involve material violation of terms,’ Read Judgment
HC: ‘A mere report filed by the Investigating Officer, without examining witness, cannot be treated as evidence in the Departmental Proceeding,’ Read Judgment
‘Utter defiance of court’s earnest request’; HC grants bail to accused in custody for more than six years, Read Judgment
HC Expounds: ‘The High Court can only look at the fairness of the process and not of the conclusion in a Judicial Review of Departmental Proceedings,’ Read Judgment
HC Expounds ‘An act of unlawful entry into the territory of India cannot be punished u/S. 419 and 420 of the IPC,’ Read Judgment
HC: ‘Employees who have not received their withheld pension amounts have the legal right to seek recourse in court’, Read Judgment
‘Torture in custody flouts the basic rights of the citizens’; HC directs State to pay Rs 2 lakh compensation to man subjected to Custodial Violence, Read Judgment
HC Expounds: ‘No recovery can be effected from employees who have been given excess payment due to wrong fixation of pay without any fraud’, Read Judgment
[HMA] HC Expounds: Saptapadi ceremony is an essential ingredient to constitute a valid Hindu marriage’, Read Judgment
HC Expounds ‘An Appellate Court cannot dismiss an appeal on default and has to give its decision on merits’ Read Judgment
HC: ‘Party seeking condonation of delay cannot allege non-information by counsel about disposal in case in which party doesn’t contact Counsel for 6 years’, Read Judgment
‘Testimony of the victim unreliable’; HC sets aside the order of Conviction in a Rape case, Read Judgment
HC: ‘Interest on delayed payment to a contractor cannot be denied by the government merely because no clause of for interest existed in the contract’ Read Judgment
HC Opines: ‘Mere use of abusive words, not leading to any provocation to another person, would not make a person guilty under S. 504 IPC’ Read Judgment
HC Expounds Court passing an order under S. 9 of the Arbitration Act has the power to take penal measures to ensure its enforcement, Read Judgment
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Wednesday, 08, May, 2024
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Kritika
SC Expounds: Court u/S. 319 CrPC empowered to conduct Trial of anyone not mentioned as Accused in FIR if his involvement is shown in commission of crime, Read Judgment
HC: If Order granting Extension of Time for submission of Final Report u/S. 173 Cr.P.C. is set aside, then further detention becomes invalid, Read Judgment
HC Reiterates: Testimony of Witness cannot be considered legal evidence unless opposite party was given an opportunity of cross-examination, Read Judgment
HC: Report of Public Prosecutor is mandatory for detention of Accused after expiry of statutory period under Sec-36A(4) of NDPS Act, Read Judgment
HC Opines: Just because people don't possess Aadhaar Card/ Mobile Number, they cannot be denied benefits of Welfare Schemes, Read Judgment
HC Expounds: There is a presumption regarding regular performance of Acts u/S 114(e) Evidence Act in case of dispatch of notice u/s 13(2) of SARFAESI Act, Read Judgment
HC Expounds: Person belonging to Muslim Community not entitled to get any benefit of SC Category, Read Judgment
HC directs GST Department to return GST recovered along with 6% interest for failure to follow procedure under CGST Act, Read Judgment
HC: Prior Jural Relationship with individuals involved in affairs of Society necessary for invoking Sec-70 J&K Co-operative Societies Act, Read Judgment
HC Enunciates: Matter to be decided on merits without going into technicalities of limitation, Read Judgment
HC stays GST demand due to non-constitution of the Second Appellate Tribunal, Read Judgment
HC Expounds: Registered Sale Deed is a private document, its production doesn't dispense with need for proof of execution, Read Judgment
HC modifies condition imposed on Prasanta Jagadev by JMFC while granting him bail in Road Rage Case, Read Judgment
HC: Purpose of non-bailable warrants is to secure presence of accused in trial to establish rule of law, Read Judgment
HC: PIL should be used as an effective weapon for delivering social justice and should not be publicity oriented, Read Judgment
HC Expounds: Application under Section 306 CrPC seeking pardon need not necessarily arise from the prosecution and can be moved by the convict, Read Judgment
CESTAT: Section 73(4) of the Finance Act cannot be invoked in the absence of mala fide intention, Read Judgment
CESTAT: Delay in filing appeal u/s 85(3A) Finance Act can be condoned only if the appeal is presented within a further period of one month after the expiry of the statutory period, Read Judgment
HC Expounds: Pre-arrest bail, an extraordinary discretionary power cannot be granted in routine, Read Judgment
HC issues notice to Chandigarh Administration on the plea of a transgender seeking to apply for the position of constable
HC Expounds: Mere registration of FIR is no ground for dismissal from service, Read Judgment
CESTAT: Extended period can be invoked if there is willful suppression of fact or any element of fraud or collusion with an intent to evade Tax Liability, Read Judgment
HC substitutes charge of Murder against Collector, substitutes it with charge of Abetment to Suicide, Read Judgment
HC Expounds: Mere technicalities at stage of investigation aren't required to be seen, it can be observed during course of trial, Read Judgment
HC Expounds: Minor consistencies in the testimonies of the witnesses cannot be a ground for their rejection, Read Judgment
HC: Sec- 37 NDPS Act can be dispensed at the stage of examination when there is a delay in Trial, Read Judgment
CESTAT: Delay in the filing of appeal could not have been condoned after it was not filed even beyond the additional period, Read Judgment
HC refuses to grant bail to a person accused of transporting cows for slaughtering, Read Judgment
HC: Commission of Suicide by Wife Matrimonial House doesn't by itself make her husband and in-laws liable for harassment and abetment to suicide, Read Judgment
CESTAT Expounds: Salary is out of the purview of Service Tax, Read Judgment
CESTAT Opines: Profit made on transportation charges needno't be included in Assessable Value, Read Judgment
Links must form a continuous chain in case of Circumstantial Evidence: HC upholds acquittal in 2001 Keonjhar Witch-Craft Murder Case, Read Judgment
FFC Charges aren't a consideration for proving supply of tangible goods: CESTAT sets aside order demanding Service Tax for providing Liquid Gas storage tanks, Read Judgment
CESTAT Expounds: Service Tax not payable on Administrative Charges received from Coal Mine Companies, Read Judgment
HC Expounds: Anguish caused by pregnancy presumed a grave injury to a rape victim’s mental health, Read Judgment
Continuation of proceedings will have a chilling effect on press freedom, HC quashes proceedings against Input Editor of OTV Channel, Read Judgment
HC Eunciates: Mere apprehension of the accused indulging in the sale of contraband or causing a breach of peace no ground for denying parole, Read Judgment
CESTAT: Charitable Trust cannot lose its identity as a non-commercial entity merely because it charges higher fees, Read Judgment
HC Expounds: Prosecution not required to prove the motive for crime in a case based on direct evidence, Read Judgment
HC Reiterates: 'Public Place' cannot be confined by restricted meaning in view of object of Motor Vehicle Act, Read Judgment
HC: Mere Suspicion or Circumstantial Doubt cannot absolve Prosecution from its fundamental obligation to establish offence beyond a reasonable doubt, Read Judgment
HC: Having a Higher Degree or Better Qualification per se cannot debar someone from applying for a lower-level post unless specifically prohibited, Read Judgment
CESTAT: Amount deposited by Assessee in absence of any Service to be considered as deposit, not tax liable, Read Judgment
Possibility of Accused influencing investigation can be taken care of by imposing stringent conditions, HC grants bail in Food Grain Scam, Read Judgment
CESTAT: Charge of clandestine removal not sustainable when based merely upon difference in figures in Audit Report, Read Judgment
HC upholds conviction of a ‘Tantrik’ for raping and Trafficking a Minor Girl, Read Judgment
HC Expounds: Fixed Deposits not exempted from attachment in execution of Decree of a Civil Court under Sec- 60 CPC, Read Judgment
HC Expounds: Non-Compoundable nature of offence cannot stand as bar for Court from exercising its power under Sec-482 CrPC, Read Judgment
Allegations if true would lead to irreversible loss; HC grants protection to Couple seeking protection after marrying each other against wishes of their Parents, Read Judgment
HC grants Anticipatory Bail to Ayurveda Gynecologist accused of terminating a pregnancy without authorization, Read Judgment
HC: Compensation Mandatory in cases of Custodial Death and same based on strict liability to which principle of sovereign immunity doesn't apply, Read Judgment
HC Enunciates: Assessment Proceeding is civil in nature and very foundation of Criminal Prosecution gets knocked down in absence of finding of Evasion of Tax, Read Judgment
HC Opines: It's Employer and not Court which decides condition of service of Employees, Read Judgment
HC Expounds: Award in case of a time-barred appeal under MVA cannot be stayed without finalizing delay condonation application, Read Judgment
HC: Evidence recorded in Disciplinary Proceeding needn't be strict proof, to be appreciated on Preponderance of Probability, Read Judgment
Hallmark of false and motivated complaint, HC quashes proceedings against accused of illegal gratification, Read Judgment
HC Expounds: Government Employee can't claim right to be promoted from the date he has attained qualification required for same, Read Judgment
HC Expounds: Benefit of Juvenility is to be given to accused by considering age on lower side within Margin of one year, Read Judgment
HC Enunciates: Forfeiture of a Vehicle to come into effect only after completion of Trial and Conviction of Accused, Read Judgment
HC Opines: Powers of Judicial Review are limited and the same cannot be used to interfere with findings of Departmental Authority, Read Judgment
HC Reiterates: Failure of State to assign any reason for withholding the amount; State would be liable to compensate the petitioner by way of interest, Read Judgment
Release will expose Petitioner to danger; HC rejects grant of Bail to a minor accused of kidnapping a 17-year-old girl, Read Judgment
Order u/S. 156(3) CrPC is not required to be passed mechanically; HC quashes criminal proceedings against Additional Collector in connection with denying of access to CCTV under RTI Act, Read Judgment
HC Expounds: Period consumed in challenging an Arbitral Award excluded while counting the ‘prescribed period’ u/S. 34 (3) of the Arbitration Act, Read Judgment
HC Expounds: Permit required in sitting capacity of a vehicle with more than nine persons in view of Section 66(1) of MVA, Read Judgment
HC: Order 8 Rule 1 read with Order 8 Rule 10 of CPC discretionary and not mandatory in nature, Read Judgment
Writ jurisdiction cannot be exercised on the ground of sympathy; HC dismisses petition seeking appointment for post of Police Constable, Read Judgment
HC Reiterates: Accused cannot avoid trial in the presence of strong grounds of suspicion, Read Judgment
Tendency between parties to use Criminal Proceedings for settling civil disputes; HC quashes criminal proceedings u/S. 406 and 420 of IPC, Read Judgment
HC Expounds: Disputed questions of facts cannot be the subject matter of a writ petition under Article 226, Read Judgment
HC Enunciates: Unreasonable delay in considering the representation of the detenu would invalidate the order of preventive detention, Read Judgment
HC Reiterates: Facts established by inferior courts can be looked into if same not based on legal evidence, Read Judgment
Warrant to be issued after the receipt of service report; HC sets aside the issue of warrant in Tax Fraud Case, Read Judgment
Prosecution required to prove guilt beyond a reasonable doubt; HC upholds acquittal in POCSO case, Read Judgment
Reasonable grounds that the accused not guilty: HC grants bail in case u/S 20 and 29 of NDPS Act, Read Judgment
HC Expounds: Court can exercise power under Article 226 even if sections are not compoundable, Read Judgment
Cannot get the benefit of the S.114(A) of the Indian Evidence Act: HC quashes order of conviction u/S 395 IPC, Read Judgment
‘Totally forgotten her obligation towards the people of the state’: HC directs Junior Medical Officer to pay the bond amount for blatant violation of bond terms, Read Judgment
‘498-A IPC inserted with the object of punishing cruelty but is now being misused’: HC quashes proceedings filed u/S 498-A, Read Judgment
‘Sufficient reason not to reside with husband’: HC holds husband guilty of subjecting wife to cruelty, Read Judgment
Conviction can be based upon Testimony of a Solitary Witness: HC upholds conviction u/S 376 IPC, Read Judgment
Calling a person by issuing Summon on examination of few Witnesses is a serious thing: HC quashed proceedings against Junior Engineer, Read Judgment
HC Expounds: Regularization or absorption of service is not a matter of right, Read Judgment
HC: Passing of an express order in Writ Petition concerning Termination of Service not within confines of power u/A 226 of Constitution, Read Judgment
CPC and Evidence Act not followed: HC allows petition seeking Comparison of Signatures, Read Judgment
HC directs State to decide on promotion to posts Reserved for people with disabilities, Read Judgment
HC Opines: Right once vested can only be recalled by observing Principles of Natural Justice, Read Judgment
HC grants bail to accused in Jamshedpur Communal Clash 2023, Read Judgment
HC: Objections to Arbitral Award u/S. 34 are only permissible on issues concerning Patents or Inherent lack of Jurisdiction, Read Judgment
Limited profits earned in 2021; HC modifies order directing HSCL to pay decretal amount, Read Judgment
HC Repatriates: Services of employees brought on deputation after abolition of Administrative Tribunal, Read Judgment
[Industrial Disputes Act, 1947] HC Expounds: Mere violation of Section 33 doesn't automatically lead to setting aside of Order of Dismissal, Read Judgment
HC dismisses petition seeking appointment of ST candidate under CAPFs in UR Category, Read Judgment
HC Expounds: Regularization of Service not a matter of right, to be considered in realm of Government Policies, Read Judgment
Sites reserved for Public purposes cannot be used for any other purpose: HC issues direction to stop construction of wards and community hall, Read Judgment
HC Expounds: Actual monetary benefits of promoted post are accruable from Date of Joining, Read Judgment
[Order XXI Rules 97 to 101 CPC]: Executing Court to only consider issues arising in terms of Rule 101 of Order XXI and pass orders, Read Judgment
HC Reiterates: Prescribed limitation should not be construed in a manner that defeats Substantive Rights, Read Judgment
HC Enunciates: Forfeiture of earnest money cannot be arbitrary and has to pass the Test of Reasonableness, Read Judgment
Cannot be said that Notice served on wife not served on husband u/S 138 NI Act: HC directs respondent to pay Cheque Amount, Read Judgment
HC Expounds: Presence of a Stent due to heart ailment cannot be a ground for exemption u/S 205 CrPC, Read Judgment
HC Reiterates: Court can exercise power u/A 226 when amount payable is undisputed, Read Judgment
‘No criminal antecedent against the Accused’; High Court grants bail to a person accused u/S. 370 IPC, Read Judgment
[Juvenile Justice Act] HC: Board obliged to take experienced assistance when deciding whether to try a Juvenile as an adult, Read Judgment
[Juvenile Justice, Act] HC Expounds: Benefit u/S 12 cannot be denied even when the juvenile is ordered to be tried as an adult, Read Judgment
HC Reiterates: Court empowered to take into account the overall circumstances of the case when exercising power u/S 482 CrPC, Read Judgment
HC grants bail to Student accused of supplying arms and ammunition to Separatists, Read Judgment
Cancellation Policy not intimated prior to Accident: HC holds Oriental Insurance liable to indemnify owner, Read Judgment
HC Expounds: Regularization of Service not a matter of Right, to be considered as per Service Rules, Read Judgment
HC Expounds: Voidability or illegality of a sale deed cannot be a ground for filing an FIR, Read Judgment
HC Enunciates: Award when made takes the form of the decree which cannot be challenged before a Writ Court, Read Judgment
‘Higher standard of care expected in case of a disciplined organization’; HC upholds dismissal of service of CRPF officer, Read Judgment
‘Article 21 does not cease when people of the same gender living together’; HC grants protection to a lesbian couple living together, Read Judgment
‘498A inserted for punishing cruelty of husband now being misused’; HC quashes proceedings under 498A, Read Judgment
‘Petitioner is a sitting MP, busy with Parliament session’; HC exempts Rahul Gandhi from personal appearance in defamation case, Read Judgment
HC Expounds: Labor Cess is inapplicable to material supply and consultancy charges, Read Judgment
[Income Tax Act, 1961] HC quashes proceedings u/S 276B against the petitioner who failed to deposit the TDS amount, Read Judgment
[Indian Easements Act, 1882] HC Expounds: Easement Rights to be retained after the division of property u/S. 30, Read Judgment
[Income Tax Act, 1961] HC: Quashing of proceedings u/S. 276C(1) automatic once the penalty order is set aside, Read Judgment
HC Opines: 'The issue of Date of Birth cannot be raised at the Fag End of service when it was initially not challenged', Read Judgement
HC Reiterates: Court cannot stifle legitimate prosecution while exercising power u/S 482 CrPC, Read Judgment
HC Expounds: Power to seize immovable property not within the purview of Section 102 CrPC, Read Judgment
‘Case of misbranding itself not proved’; HC quashes proceedings against Managing Director of Gujarat Co-operative Milk Marketing Federation Ltd, Read Judgment
HC grants Anticipatory Bail to Director of Alchemist Group in Financial Fraud Case, Read Judgment
HC Expounds: Matrimonial Court can order medical tests even when solemnization of marriage is denied, Read Judgment
[Motor Vehicle Act] HC Expounds: Family Members of Policyholder not protected in Third Party Insurance Claims, Read Judgment
[Special Marriage Act] HC Expounds: Additional District Judge has the power to hear divorce plea u/S 27, Read Judgment
[Order VIII Rule 1-A CPC] HC Expounds: Sufficient reasons to be provided in case of failure in the filing of documents with the written statement, Read Judgment
HC Expounds: Court u/A. 226 cannot direct the state or its instrumentalities to give pay scales to its employees, Read Judgment
Consideration for granting bail different u/S 438 and 439 of CrPC: HC refuses bail to Accused, Read Judgment
Unsafe to Act on Testimony of Prosecutrix without Corroboration: HC quashes order of Conviction u/S. 363 and 376 IPC., Read Judgment
HC Expounds: Doctrine of legitimate expectation cannot be invoked in case of non-finality of the recruitment process, Read Judgment
[Railway Service Pension Rules 1993] HC: Leave for which salary not payable not counted towards ‘Qualifying Service’, Read Judgment
Statement of victim cannot be considered as gospel truth in all circumstances: HC sets aside conviction u/S 366 and 376, Read Judgment
HC Expounds: Public employment cannot be granted to a victim of crime in absence of any law, Read Judgment
HC Expounds: Court cannot deny Admissibility of Documents solely based on their apparent weakness or simplicity, Read Judgment
Appointment against constitutional schemes enshrined u/A. 14 and 16 of Constitution: HC dismisses petition seeking regularization of Service, Read Judgment
HC: Trial Courts shouldn't dismiss petition without giving a just and fair opportunity to crucial witnesses, Read Judgment
‘Fresh investigation can be held if not held in a proper and objective manner’; HC directs the investigation in murder case of six family members, Read Judgment
HC Expounds: ‘Sufficient cause’ to be provided to court in application for Condonation of Delay, Read Judgment
HC Expounds: Proceedings under both SARFAESI Act and Arbitration Act can be invoked simultaneously in case of loan recovery, Read Judgment
[Order VI Rule 17 of the CPC ]‘Failed to qualify the test of due diligence’; HC dismisses petition seeking amendment of the plaint, Read Judgment
HC Expounds: Relief of delivery of possession inherent if the defendant is in exclusive possession in special performance of contract of sale, Read Judgment
HC Expounds: Delay or laches in approaching Court cannot be considered fatal to legitimate claim of aggrieved person, Read Judgment
[Jharkhand Bovine Animal Prohibition of Slaughter Act] HC Enunciates: Forfeiture of Vehicle u/S 12(3) to come into effect after Conviction, Read Judgment
HC Opines: SC/ST Act enacted to protect interests of marginalized and is not to be used as an instrument to settle scores, Read Judgment
HC issues directions for providing basic facilities to pilgrims at Maa Chhinnamastike Temple, Read Judgment
HC Reiterates: Criminality cannot be fastened upon the accused in every case of mere breach of contract, Read Judgment
HC Reiterates: Preliminary Inquiry with regard to alleged negligence must in a case of medical negligence, Read Judgment
Present generation only a custodian of art, culture, and heritage of land: HC issues directions for preservation of Tagore Hill, Read Judgment
HC Expounds: Mentioning the religion of a person in FIR is a ‘serious issue’, Read Judgment
HC criticizes Police for shielding ‘real culprits’ in illegal mining case, Read Judgment
[Order VII Rule 11 CPC] HC Expounds: Entire plaint to be considered to determine disclosing of cause of action, Read Judgment
HC Expounds: Acquittal in a criminal case doesn’t automatically lead to presumption of tendering of false evidence, Read Judgment
HC Opines: A person cannot be weeded out of service after joining on account of unavoidable circumstances, Read Judgment
HC Expounds: Life Convict has no inherent right to claim premature release, Read Judgment
HC Reiterates: Mens Rea is to be decided at the time of trial and not at the stage of issuance of summons, Read Judgment
HC grants bail to a man accused of having links with ISI and creating communal tension, Read Judgment
[Partnership Act] HC Expounds: Using ‘Company’ or ‘Co.’ as a suffix is not a ground for rejection u/S 58, Read Judgment
HC orders reinstatement of deceased constable after acquittal in falsely implicated case, Read Judgment
[Order 18 Rule 17 CPC] HC Expounds: Application seeking recall of witnesses cannot be allowed at the belated stage without cogent reasons, Read Judgment
Difficult to submit categorical reply if contravention not clear: HC directs issuance of new Show Cause Notice, Read Judgment
[Environment Protection Act] HC Expounds: Only person looking after day-to-day affairs can be prosecuted u/S 16, Read Judgment
HC Expounds: Non-providing of medical aid to wife constitutes cruelty u/S 498A of the IPC, Read Judgment
[Employees Compensation Act] HC: Insurer of vehicle can’t escape liability to pay the interest on principal award u/S 4(A), Read Judgment
[SC/ST Act] HC Reiterates: A private place can be within purview of a public view u/S Section 3(1)(x), Read Judgment
‘Unfortunate that the citizen is compelled to approach the court when direction already there’; HC issues direction for registration of FIR, Read Judgment
[NDPS Act] HC Expounds: Mere filing of FSL report not a ground for canceling default bail u/S 167(2), Read Judgment
[UAPA] HC Expounds: Mere framing of charge not a ground to deny bail if prima facie charge not made out, Read Judgment
HC Reiterates: A person cannot be held vicariously liable for acts of the company if the same is not made an accused, Read Judgment
‘Staying in a live-in relationship during subsistence of marriage illicit’; HC imposes cost and refuses police protection, Read Judgment
Notify orders suspending internet on website: HC reiterates guidelines issued in case of Anuradha Bhasin, Read Judgment
HC Opines: 'Government in a welfare state expected to take prompt action for redressal of grievances', Read Judgment
HC Expounds: Amendment in Rule 89(4) of the CGST Rules to have prospective effect, Read Judgment
[Minimum Wages Act] HC Expounds: S.22-C applicable where vicarious liability is to be imputed based on averment in the complaint petition, Read Judgment
[Prevention of Corruption Act] HC: The Superintendent of Police has the power to freeze bank accounts of suspects holding disproportionate assets u/S 18, Read Judgment
Reasonable presumption has to be made u/S 139 NI Act: HC directs paying of Cheque Amount, Read Judgment
[Passport Act] HC Opines: Incomplete reports of police officials root cause of denial of passports, Read Judgment
HC Reiterates: Not Title Holder but party aggrieved of dispossession will be purchaser of land, Read Judgment
Highly improbable for a Mother to kill her daughter for ₹90,000: HC grants bail to petitioner, Read Judgment
High Court Expunges 'Disparaging Remarks' made by court in a corruption case against Police Commissioner, Read Judgment
HC mandates comprehensive CCTV coverage in all Police Stations with 18 Months of data storage capacity, Read Judgment
HC awards damages of ₹5 lakhs to Candidate who was denied appointment to post of Naib Tehsildar due to miscalculation of marks, Read Judgment
HC Expounds: Prosecution may examine other witnesses than those filed with Chargesheet to help Court arrive at ‘Just Decision’, Read Judgment
‘Duty of the court to uphold and maintain the dignity of courts’; HC holds accused guilty for deliberate disobedience of order, Read Judgment
HC cites ‘Bhartitya Nayaya Sanhita’ to rule that S. 195 CrPC is to be read inclusive of S.174A IPC, Read Judgment
HC Expounds: Only a legal heir can file claim for compensation under Motor Vehicle Act, Read Judgment
[NDPS Act] HC Expounds: Twin conditions u/S 37 for grant of bail cannot be satisfied in case of multiple FIRs against accused, Read Judgment
Consent cannot be said to have obtained through misconception: HC discharges accused u/S. 376 IPC, Read Judgment
HC dismisses petition challenging withdrawal of industrial incentives reiterating ratio laid down in UOI vs Unicorn Industries, Read Judgment
‘Petitioner’s conduct so devastating as can shake the faith of society’; HC denies bail to female inspector accused of accepting bribe, Read Judgment
[Negotiable Instrument Act] HC: Judgment of civil court binding on the criminal court for proving legally enforceable debt, Read Judgment
HC Expounds: State cannot resile from the terms of the lease unless the same is shown to have been obtained through fraud, Read Judgment
HC Expounds: Cognizance cannot be taken solely on the director without making the company accused in case of vicarious liability, Read Judgment
[Motor Vehicle Act] HC Expounds: Dependency of major children on parent irrelevant in a claim for compensation, Read Judgment
HC Reiterates: Regularization cannot become a regular process of recruitment, Read Judgment
HC: Continuation of proceedings u/S 174 of IPC abuse of process of law in case of compliance of summons, Read Judgment
[Hindu Marriage Act]HC: Order of maintenance passed in favor of not a predominant force while rejecting the claim for permanent alimony u/S 25, Read Judgment
HC Expounds: Employer-Employee Relationship not terminated unless benefits of voluntary retirement accepted, Read Judgment
HC: Finding arrived by Executive Magistrate as regards title and possession of a party will not be binding upon a Civil Court, Read Judgment
Ingredient of SC/ST Act absent: HC quashes FIR filed against BJP leader, Read Judgment
HC Opines: Solemnization of a second marriage by husband sufficient cause to not return to the matrimonial house, Read Judgment
HC: Procedural violations should be addressed during trial and not during bail application process, Read Judgment
‘Contention that principle of Natural Justice has not been complied is misplaced and misconceived’; HC dismisses petition seeking quashing of SCN, Read Judgment
No reference of sexual assault in statement u/S 164 CrPC: HC grants bail to person accused under POCSO, Read Judgment
HC Reiterates: Separate complaint based on the same facts not maintainable during the pendency of case u/S 138 N.I Act, Read Judgment
‘Plaintiff, not being the proprietor had no locus to request for further loan’; HC dismisses petition seeking compensation of damages, Read Judgment
[PMLA, 2002] HC: ED can continue with subsequent complaints and further investigation after submission of final report u/S 44, Read Judgment
No question of corroboration if testimony itself has been held to be untrustworthy: HC sets aside conviction u/S 302 IPC, Read Judgment
HC Opines: Government shouldn't mechanically follow opinion of Presiding Judge while deciding on remission, Read Judgment
HC Enunciates: Valid Policy of vehicle is sine qua non for attracting liability of Insurance Company, Read Judgment
HC Expounds: Trial Court cannot impose a life sentence for remainder of natural life, Read Judgment
Difference in Medical Opinion of Selection Board and other Government Doctor: HC issues directions to constitute review Medical Board, Read Judgment
HC Opines: Promotion cannot be granted if there is presence of a tentative chargesheet filed against the person, Read Judgment
[Consumer Protection Rules] HC Expounds: Amendment which granted an extension of tenure applicable to incumbent members, Read Judgment
[Medical Termination of Pregnancy Act] HC Reiterates: Sale of MTP Kit itself not punishable under the act, Read Judgment
HC Opines: Deciding a matter purely on technicalities, not a ground to deprive legitimate rights, Read Judgment
HC: Police officer duty bound to enquire into the commission of offence during official duty before registering FIR, Read Judgment
[Negotiable Instruments Act] HC Expounds: Resignation of director does not lead to automatic discharge of liability, Read Judgment
Bounden duty of State to protect life and liberty of every citizen, HC grants Protection to Married Woman who entered into a live-in-relationship [Read Judgement]
Approach adopted by Bank harsh and highly technical: HC directs for acceptance of resignation, Read Judgment
HC Expounds: No need for Custodial Interrogation if investigation is already completed and challan has already been filed, Read Judgment
[Value Added Tax Act] HC: Non-Obstante clause not included in S. 42(3) to extend the limitation period from the date of receiving an Audit objection, Read Judgment
‘Would endanger the life of victim’; HC declines petition seeking termination of pregnancy by minor rape victim, Read Judgment
HC Opines: Instructions in advertisement binding on candidates and same cannot be altered by Court, Read Judgment
‘Punishment too harsh and disproportionate’; HC quashes order dismissing petitioner from service, Read Judgment
[Indian Forest Act] HC: Authorities cannot be restrained from exercising power of confiscation due to pendency of a Criminal Case, Read Judgment
HC Expounds: Likelihood of absconding while on parole is not sufficient ground to decline release, Read Judgment
[Income Tax Act] HC Expounds: Interest under Section 234B to be charged on eturned income and not on Assessed Income, Read Judgment
HC Reiterates: Disclosure statement admissible only if it leads to discovery of facts, Read Judgment
[Drug and Cosmetic Act, 1940] HC: Mere delay in process of dispatch cannot be a ground for quashing cognizance, Read Judgment
HC: Live-in couple cannot be deprived of Right under Article 21 if they are below marriageable age, Read Judgment
HC Enunciates: Availing one’s legal right would not amount to abetment to suicide in absence of any specific allegation, Read Judgment
False information be given to Public Servant to cause injury to another person: HC quashes proceedings u/S. 182 IPC, Read Judgment
HC: Certificate issued by Bar Association sufficient proof of a lawyer’s experience and no further proof is required for same, Read Judgment
Such casual approach towards courts cannot be entertained: HC dismisses petition seeking compensation under RFCTLARR Act, Read Judgment
HC Reiterates: There is a mandate to execute Decree within a timeframe by every Executing Court, Read Judgment
Evidence on Last Seen Together alone not sufficient to establish guilt of accused: HC upholds acquittal u/S. 302 of IPC, Read Judgment
HC Expounds: Proclaimed Offender facing serious allegations cannot seek quashing of FIR on basis of a Compromise, Read Judgment
‘Abuse of legal process’; HC directs CBI investigation in land grabbing case involving civil judge, Read Judgment
‘Dire necessity of enlightening the judicial officers’; HC Directs All Judicial Officers To Undergo Program On Fundamental Rights, Read Judgment
Suffered unnecessarily at hands of officials: HC directs paying of Litigation Cost to disabled person booked on ‘mistaken identity’, Read Judgment
Those responsible for upholding the law transformed into aggressors: HC directs constitution of SIT in case of false implication, Read Judgment
Convenience of wife considered than inconvenience of husband: HC allows petition seeking transfer of Divorce case, Read Judgment
Petition mischievous, malicious and contemptuous: HC imposes ₹1 Lakh Cost on Lawyer for Suppressing Facts in Bail Plea, Read Judgment
HC upholds proceedings against Retired Judge for reducing Pension despite Government action, Read Judgment
Incident shocked conscience of entire Nation: HC dismisses bail application of accused in Police Station Attack Case, Read Judgment
HC: Fundamental Right to fair trial affected due to prolonged non-production of accused before Trial Court, Read Judgment
Providing amenities for safe journey within legal liability of Railways: HC grants ₹8 lakh Compensation to Family of Deceased, Read Judgment
HC Reiterates: Ad Valorem Court Fees are not required to be paid in a petition filed for maintenance, Read Judgment
HC Expounds: Completion of Investigation or non-requirement for Custodial Interrogation, not a ground for granting Anticipatory Bail, Read Judgment
HC Expounds: CBIC Circulars Are binding on the Service Tax Department and their violations will make actions Illegal, Read Judgment
HC Expounds: Regularization of Service of Contractual Laborers, a matter of fact to be adjudicated by Industrial Tribunal, Read Judgment
Duty bound to maintain integrity of Service: HC upholds punishment against Constable who misbehaved with Couple at night, Read Judgment
HC: Income Tax Department is mandatorily required to provide all material information on which reliance was placed to Assessee, Read Judgment
HC Opines: S.498A IPC being used as a weapon rather than a shield by disgruntled wives, Read Judgment
HC: Seniority should be decided on the basis of order of merit in Selection Process under RIMS Act, Read Judgment
HC Reiterates: Bail conditions imposed by the court must be proportional to the purpose of imposing them, Read Judgment
HC Reiterates: Putting criminal law in motion by examining only one or two witnesses is deprecated, Read Judgment
HC Expounds: Delayed sanction in prosecution of public servant doesn't automatically invalidate proceedings, Read Judgment
[NDPS Act] HC Expounds: Extension of Custody cannot be granted merely to collect FSL report, satisfaction of condition u/S 36A mandatory, Read Judgment
HC Reiterates: Court cannot lay conditions of eligibility, it's for Employer to prescribe qualifications, Read Judgment
Use of unfair means in MBBS Exam can endanger lives of patients: HC upholds decision of cancellation of Exams, Read Judgment
HC Expounds: Hearing on sentence in case of death penalty must to adjourned to grant time to accused for showing mitigating factors, Read Judgment
HC: Purpose of S.205 CrPC is to not cause any harassment to accused and prejudice to Complainant, Read Judgment
[NDPS Act] HC Expounds: Statements of Police Officers can form basis of Conviction even in absence of an independent witness, Read Judgment
HC Expounds: Doctor’s Evidence runs contrary to Dying Declaration made orally by Deceased, Read Judgment
[SC/ST Act] HC Reiterates: Accused not liable u/S 3(1) if Casteist remark made within four walls, Read Judgment
[Mines and Minerals Act] HC Expounds: Mineral, Tool, Equipment, or Vehicle can be confiscated by an order of Court competent to take cognizance, Read Judgment
HC Expounds: Order passed under Order XXII Rule 3 CPC is not appealable under Order XLIII Rule 1 CPC, Read Judgment
HC Expounds: Staying in a Live-in Relationship during subsistence of Marriage amounts to Bigamy, Read Judgment
[UAPA] HC Reiterates: Bail to Accused cannot be denied merely because of serious nature of allegations, Read Judgment
[PDS (Control) Order] HC Reiterates: Search and seizure conducted by unauthorized Block Supply Officer illegal, Read Judgment
Strange that Petitioner was arrested despite no allegations: HC quashes case against Reporter for passing Casteist remarks, Read Judgment
HC Reiterates: Complaint against a doctor cannot be entertained in the absence of prima facie evidence, Read Judgment
[Arbitration and Conciliation Act] HC Reiterates: Arbitrators do not have the power to unilaterally issue orders determining their fees u/S 11(4), Read Judgment
[Juvenile Justice Act] HC Expounds: Child above 16 years not debarred from maintaining bail application u/S. 12 during pendency of Assessment, Read Judgment
[SC/ST Act] HC Reiterates: Proceedings can be quashed if offence is primarily civil and not on account of caste of victim, Read Judgment
[MVA] HC: Insurance company required to prove breach by cogent evidence, cannot be absolved of liability in its absence, Read Judgment
HC Reiterates: Power can be exercised u/S. 482 after prima facie assessment in case where Evidence is at infancy stage, Read Judgment
[Motor Vehicles Act] HC: No restriction can be imposed while assessing the income of the deceased for determining compensation, Read Judgment
[Excise Act] HC Expounds: Places having valid Licenses can only be searched by designated officers u/S. 69, Read Judgment
‘Complainant has selectively presented segments without proper context’; HC quashes FIR against Ram Rahim u/S 295 IPC, Read Judgment
Object of Compassionate Appointment to enable Family to tide over crisis: HC grants appointment to Married Daughter, Read Judgment
Violation of Article 21: HC sets aside order directing petitioner to mark his attendance for a period of six months before the Officer, Read Judgment
Continuing Criminal Proceedings without criminality abuse of process: HC quashes proceedings against Bank Officials accused of Theft, Read Judgment
No justification for an indefinite period of investigation: HC quashes 15 yrs old mischief case, Read Judgment
HC Expounds: Accused has a right to be heard in revision petition challenging dismissal order, Read Judgment
No mandate under CrPC for appearance of Witness only after issuance of summons: HC sets aside order disregarding witness, Read Judgment
Right to a fair Trial of Accused prevails over Policeman’s Right to Privacy: HC allows petition seeking call records u/S 91 CrPC, Read Judgment
Transfer done manually not electronically: HC dismissed plea challenging denial of GST ITC claim, Read Judgment
Casual Conduct: HC imposes a cost of 30k on School which awarded zero marks in Board Examination, Read Judgment
[NI Act] HC: Spouse not liable u/S 138 merely because the cheque was drawn from the couple’s joint account, Read Judgment
No reasonable grounds for believing that allegations prima facie true: HC grants bail to accused under UAPA, Read Judgment
‘Bank has alternate remedies to recover’; HC grants bail to manager accused of disbursing loan on forged documents, Read Judgment
‘More empathy needed’; HC grants anticipatory bail to illiterate woman accused u/S 138 NI Act, Read Judgment
'Glaring Inconsistencies' between Ocular and Medical Evidence; HC sets aside conviction u/S 304 IPC, Read Judgment
Bail Plea cannot be turned into recovery proceedings: HC makes interim bail absolute in Cheating Case, Read Judgment
HC Expounds: ‘Samadh’ of a family member, not a place of worship, defilement no offence u/S 295 IPC, Read Judgment
High Court Rules in Favor of Revenue in Clean Energy Cess Case, Read Judgment
Persons suffering from drug addiction huge: HC takes suo-moto cognizance of Drug Trafficking in Punjab, Read Judgment
HC grants police protection to petitioner allegedly facing threats from BJP MP Kirron Kher, Read Judgment
Deprivation of Right to Speedy Trial unacceptable: HC orders training of Cops on Fundamental Rights, Read Judgment
‘Trend of granting bail mechanically disturbing’; HC urges courts to uphold judicial discipline, Read Judgment
Mechanical inclusion of UAPA causes deep trauma: HC issues directions to check misuse of UAPA provisions, Read Judgment
Non-regularization of Employees amounts to violation of Articles 14 & 16: HC issues directions for regularization of Class IV Employees, Read Judgment
HC dismisses petition challenging termination order of jail authorities over 2016 Nabha Jailbreak, Read Judgment
Contractual Employee cannot claim continuation of service: HC dismisses petition of Teacher seeking resumption of Service, Read Judgment
HC: Courts not to act mechanically like a post office and issue process without application of judicial mind, Read Judgment
‘Parent morally bad in a societal sense may be good for the child’; HC upholds visitation rights to father addicted to drugs, Read Judgment
HC Reiterates: UGC schemes cannot be automatically applied in a state without a deliberate decision by the State, Read Judgment
‘Giving birth while in custody traumatic both to mother and child’; HC grants bail to pregnant woman accused under NDPS Act, Read Judgment
HC Reiterates: Migrated Person to get Reservation only in State of Origin and not Migrated State, Read Judgment
Compassionate Appointment granted for immediate relief: HC dismisses petition of a man whose father died in Operation Blue Star, Read Judgment
UAPA, PMLA cannot be invoked by writing of a letter from SSP: HC directs Government to reconsider case of acquitted Policemen, Read Judgment
HC Reiterates: Examination of Doctor who conducted post-mortem necessary to prove Cause of Death, Read Judgment
HC Expounds: Nexus between Offence and Bank Account required for seizure of account u/S. 102 CrPC, Read Judgment
HC Reiterates: Nature of Evidence is irrelevant at Charge Framing Stage, Court required to assess prima facie material, Read Judgment
HC Expounds: Reassessment Proceedings valid after 10 Years Post-Search under New Legislation, Read Judgment
Approach of RBI pedantic: HC directs issuance of Appointment Letter to PWD Candidate who failed to give Biometric Data, Read Judgment
Mere filing of representation doesn't revive stale cause of action: HC dismisses appeal seeking regularization of service, Read Judgment
[PMLA] HC Expounds: Accused to be informed of grounds of arrest on day of Detention even if same made without official arrest memo, Read Judgment
[Negotiable Instruments Act] HC Expounds: Signatory cannot be made vicariously liable in a Sole Proprietary trading u/S 141., Read Judgment
HC issues directions for undertaking 2nd Phase construction of Mega Destination, Deoghar after a delay of 10 years, Read Judgment
[NDPS Act] HC: Prosecution cannot rely on recitals of mahazarnama (declaration) for conviction u/S. 20, Read Judgment
Depriving opportunity to depose due to diplomatic standoff violative of Article 21: HC allows petition seeking to record evidence via VC, Read Judgment
Magistrate has discretion to direct Police Investigation into Complaint without passing elaborate orders u/S 156(3) CrPC, Read Judgment
Do not want to control line of investigation: HC dismisses petition by Father whose Daughter died in suspicious circumstances, Read Judgment
HC Expounds: Prosecution must stand on own legs while proving pendency of official favor, Read Judgment
Salary doesn't fall within scope of trecurring cause of action: HC dismisses petition challenging upgradation of Pay Scale, Read Judgment
Prosecution failed to establish a nexus: HC upholds acquittal of Police Officials accused of Corruption, Read Judgment
HC Reiterates: Parliament’s Legislation takes precedence over State in case of conflicting law u/A 254(1), Read Judgment
HC: Physical Verification not mandatory under Fuel Supply Agreement, discretion is granted to Seller, Read Judgment
HC Expounds: Can rely on the statement of a hostile complainant if sufficient evidence is available to corroborate the prosecution’s version, Read Judgment
HC: Railway Vigilance Manual cannot be ignored even though same is procedural as it safeguards employees from false implications, Read Judgment
‘Selective termination of pregnancy fuels gender inequality’; HC refuses to quash FIR against doctor accused of conducting illegal sex determination, Read Judgment
Revisional Court has very limited authority to re-assess evidence: HC dismisses petition challenging maintenance order, Read Judgment
Agreement duly executed and valid: HC dismisses appeal filed against termination of Tenancy Agreement, Read Judgment
HC Expounds: Mere violation of Bail Condition not enough to cancel Bail, presence of overwhelming circumstances necessary, Read Judgment
HC: S.23 of CNT Act doesn't automatically vest land upon ex-landlord after death of Raiyat, Read Judgment
Benefits not automatically Pensionable: HC dismisses petition of State Information Commissioner seeking retiral benefits, Read Judgment
[Drugs and Cosmetics Act] HC: The Drug Inspector and not the police hold the power to search and seize u/S 22, Read Judgment
HC Reiterates: Relatives of Husband shouldn't be roped in unless specific instances of their involvement are made out u/S 498A IPC, Read Judgment
HC seeks inputs from States for District-level Digital Apps for prisoners’ parole applications, Read Judgment
‘Neglect of financial obligations despite a substantial income’; HC affirms Rs. 50,000 monthly maintenance to wife, Read Judgment
HC Reiterates: Percentage of Permanent Disability doesn't always equate to loss of earning capacity under MVA, Read Judgment
[CAT Act] HC Reiterates: Cases of Sexual Harassment, as inquired under service rules, should be addressed by CAT and not the HC, Read Judgment
Moral Duty to settle down grown Sons: HC upholds Tenant’s ejectment on personal necessity, Read Judgment
‘Fundamental Right to hold passport cannot be curtailed’; HC directs police to return passport of TDP member, Read Judgment
HC Reiterates: Heavy earth moving vehicles covered within the purview of MVA, can only be driven by licensed individuals Read Judgment
HC Reiterates: Conducting a mini-trial at the stage of disposing of a discharge application is not permissible, Read Judgment
HC Expounds: Registered adoption deed, not a public document, cannot be marked as an exhibit without formal proof, Read Judgment
Adducing Evidence a valuable right: HC allows POCSO accused to examine UDAI Official, Read Judgment
Benefit of just Rs 50K: HC grants bail to man booked under PMLA in land allotment scam case, Read Judgment
Uncorroborated Dying Declaration coupled with contraction in Medical Evidence: HC sets aside Conviction under S.302 IPC, Read Judgment
HC Reiterates: Employee who refused to avail the opportunity to defend himself cannot complain about the denial of reasonable opportunity later, Read Judgment
Issue already settled by Supreme Court: HC imposes a cost on Union Government for arguing on an established legal issue, Read Judgment
[HMA] HC: Court not required to conduct a detailed inquiry in an application seeking waiving of statutory period u/S 13-B, Read Judgment
HC Expounds: Insurance Company liable to compensate for a hired Driver's claim in the case of his Death, even if the same caused due to his Negligence, Read Judgment
HC: Income Tax is not leviable on an interest-free refundable security deposit for the competition of project, Read Judgment
Reasonable Grounds for believing that accused is not guilty: HC grants bail to Congress MLA in Drugs Case, Read Judgment
HC issues interim order permitting Civil Courts to deal with Title Suits after challenge to AP Land Tilting Act, Read Judgment
[Explosive Substances Act] ‘2 years delay in sending sample for forensic analysis’; HC sets aside conviction u/S 5, Read Judgment
[MVA] HC: Oral testimony given under oath should not be doubted based on conjecture especially when no evidence is provided to counter the same, Read Judgment
Journalists serve as an independent monitor of power: HC quashes Summoning Order against Journalist accused in Defamation Case, Read Judgment
Not held since last nine years: HC directs State Government to conduct STET Examination annually, Read Judgment
HC Reiterates: Right to claim Compensation from Railway Administration would begin from the date of said incident, Read Judgment`
Claims not included in approved Resolution Plan nullified: HC dismisses petition seeking Refund of Forfeited Amount, Read Judgment
HC Reiterates: Order of foreclosure cannot survive or can be treated as an impediment for a long period of more than 10 years, Read Judgment
HC Reiterates: Certiorari Jurisdiction can be exercised only to correct the error of Jurisdiction, Read Judgment
Non-compliance in procedure cannot be cured as irregularity; HC sets aside Proclamation Order, Read Judgment
HC seeks response from State on plea seeking issuance of Aadhar Cards and other basic necessities to Beggars, Read Judgment
Yet another example of intransigence of State Authorities: HC sets aside order of cancellation of allotment, Read Judgment
‘Pious duty of a son to maintain his old aged father’; HC orders son to Provide Monthly Maintenance to father, Read Judgment
‘May lead to serious consequences’; HC asks UIDAI how two Aadhar Cards With different dates of birth issued in name of same person, Read Judgment
[Family Court Act] HC: Order VIII, Rule 1-A CPC is directive in nature especially for the proceedings under the Act, Read Judgment
‘Discrepancies in circumstantial evidence’; HC acquits man convicted for murdering his wife and children over illicit relationship, Read Judgment
No Personal Knowledge of Victim’s Caste: HC quashes FIR against Times Now Journalist in caste hurl case, Read Judgment
‘Necessary to instill confidence in public mind’; HC directs CBI to investigate the murder of an eight-year-old boy, Read Judgment
‘Local body elections must not be delayed’; HC issues direction for conducting Municipal Elections, Read Judgment
Neither Passport Authorities nor Police Authorities interested in avoiding litigation: HC pulls up State for not following prescribed proforma, Read Judgment
22 Years of Silence Challenges Credibility: HC dismisses appeal challenging registered GPA, Read Judgment
HC issues order asking Sports Minister to consider Gold Medalist Archer’s representation for Khel Ratna Award, Read Judgment
Arbitrary exercise in giving incentives against principle of Non-Arbitrariness: HC directs extending of out-of-turn Promotion Benefits, Read Judgment
Prima facie material found u/S. 498A: HC dismisses petition seeking grant of Anticipatory Bail, Read Judgment
HC directs Punjab University to conduct an interview of a candidate who was rejected despite clearing NET, Read Judgment
Child not ready to accompany her: HC denies petition by mother seeking Custody of a Minor who wanted to stay with a stepfather, Read Judgment
Categorizing Students during Selection Process not justifiable: HC quashes PGT Screening Test Result, Read Judgment
[SC/ST Act] HC Expounds: Offence would not be made out until and unless the victim is subjected to abuse because of his caste identity, Read Judgment
HC: State cannot cancel an allotment of land without affording an opportunity to the person in its constructive possession, Read Judgment
‘Pre-arrest bail can be granted only when court is of view that the applicant has falsely been implicated’; HC denies pre-arrest bail to POCSO accused, Read Judgment
Deed of variance changing Retiral Benefits cannot be applied retrospectively: HC allows petition of an Employee seeking benefit of Old Pension Scheme, Read Judgment
[SC and ST Act] Requisite intention not made out: HC sets aside conviction under u/S 3(1)(x), Read Judgment
‘Child would be a reminder of trauma and agony’; HC allows minor rape victim to terminate pregnancy, Read Judgment
‘Cavalier and cursory approach of state’; HC imposes cost on the state for filing for cancellation of anticipatory bail, Read Judgment
Mere contravention of substantive law of India, by itself, is not a ground to set aside an Arbitral Award; HC dismisses appeal seeking to set aside an Arbitral Award, Read Judgment
HC Expounds: Presumption of Marriage can be drawn u/S. 125 CrPC if parties live together as Husband and Wife, Read Judgment
‘Increased tendency of implicating relatives of husband in matrimonial disputes’; HC quashes proceedings against petitioners u/S 498A, Read Judgment
Responsibility of Father to maintain Children: HC upholds order directing petitioner to pay Maintenance to Wife and Children, Read Judgment
Charge Establishes Beyond a Reasonable Doubt: HC affirms Conviction under Section 306 IPC, Read Judgment
[Negotiable Instruments Act] HC Reiterates: Only complainant and not accused permitted to file Evidence by Affidavit u/S 145(1), Read Judgment
[JJ Act] HC: Gravity of Offence cannot be a ground to deny bail to a Juvenile unless there are exceptional circumstances u/S 12,’ Read Judgment
HC: Power u/S. 319 CrPC cannot be exercised unless evidence satisfies ‘test of more than prima facie case’, Read Judgment
HC: Witnesses of search and seizure are not required to attend the Court as witnesses unless specially summoned by the Court,’ Read Judgment
‘Jurisdiction under Article 227 limited’; HC Dismisses Appeal Challenging Temporary Injunction, Read Judgment
HC: There cannot be any order of maintenance u/S 125 CrPC once the marital relationship is disproved, Read Judgment
[NDPS Act] HC Reiterates: Sampling of seized narcotic substances is to be done before a magistrate and not at the time of seizure u/S 52-A, Read Judgment
Court has power to allow compounding of a non-compoundable offense u/S 482 CrPC: HC quashes FIR u/S 498A, Read Judgment
‘Callous and Irresponsible’; HC pulls up police officials for approach in investigation in a kidnapping case, Read Judgment
‘Plea of alibi is to be taken at the earliest and should not be an afterthought’; HC upholds conviction u/S 324 IPC, Read Judgment
HC Reiterates: Court not allowed to deeply analyze evidence or conduct a Mini-Trial at the stage of framing Charges, Read Judgment
[NI Act] HC Reiterates: Director or an officer of the company who signed the cheque renders himself liable in case of dishonor, Read Judgment
HC Reiterates: Action for money laundering cannot be based on mere assumptions without a registered or pending scheduled offence, Read Judgment
HC directs CGST Preventive Wing and DGGI Wing to Forward all Investigation and Inter-Related Transaction to State Authorities, Read Judgment
‘Duty of students to be vigilant’; HC dismisses petition of CBSE student seeking to apply for improvement examination after last date, Read Judgment
HC: State cannot adopt different yardsticks for Family Members of martyred Defence Personnel while deciding claims for Employment, Read Judgment
‘Lackadaisical Approach of state’; HC imposes 1 lakh on the state for denying retiral benefits to widow of a constable who died on duty, Read Judgment
HC Reiterates: Mandamus cannot be issued in the absence of any statute or rule or policy decision, Read Judgment
HC: Acquittal on ground of benefit of doubt in moral turpitude cases is not an absolute bar for appointment in Armed Forces, Read Judgment
If an authority acts in undue haste, malice in law is to be presumed and his action is deemed to be mala fide, Read HC Judgment
Parties to Arbitration Agreement must clearly state their intention to Arbitrate: HC dismisses petition seeking appointment of Arbitrator, Read Judgment
HC: Mere delay in issuance of Advertisement doesn't automatically confer any right for an individual to seek relaxation, Read Judgment
HC Holds: Husband can't maintain a Writ of Habeas Corpus for forcing Wife to join him back, Read Judgment
[Arbitration and Conciliation Act] HC: Reduction of interest is a modification of the original award and is illegal, Read Judgment
HC Expounds: An Amendment in Plaint with regard to correction in area of suit land doesn't change the nature of Suit, Read Judgment
HC: Introduction of new documents during evidence by plaintiff doesn't give a right to Defendant to amend his Pleadings to fill up lacunae, Read Judgment
HC Opines: An entry in ACR of a Public Servant must be communicated to him within a reasonable period, regardless of entry’s nature, Read Judgment
HC: Order contravening procedure under Order IX Rule 8 of CPC is not a Decree and can be dismissed for default, Read Judgment
HC Expounds: ‘When the examination of the Investigating Officer is vital, his non-examination would be fatal to the case of the prosecution,’ Read Judgment
‘Husband obligated to provide maintenance despite lack of income’; HC dismisses petition challenging order of maintenance, Read Judgment
HC: Mere apprehension expressed by petitioner at the stage of judgment cannot be a valid ground to transfer the trial of a case, Read Judgment
HC Reiterates: Section 5 of the Limitation Act does not apply to Section 107 of the CGST Act, Read Judgment
HC Expounds: Courts of Law cannot be equated with industrial establishments, concept of Trade Unions cannot be utilized to justify strikes, Read Judgment
[CGST Act]- HC directs CBIT to consider extending time extension for filing an appeal against order u/S. 73, and 74 to orders u/S. 120 and 130, Read Judgment
Extreme step of social, religious and economic ex-communication for an innocuous reason: HC sets aside ex-communication order, Read Judgment
Unfortunate Situation: HC directs SSP to formulate a strategy to trace Minor Girl kidnapped four months ago, Read Judgment
HC: Question of exercising discretionary power of granting ‘benefit of doubt’ doesn't arise in absence of any evidence in respect of role of accused, Read Judgment
HC: Acts like misappropriating funds and fabricating documents not part of official duty for the purpose of claiming protection u/S 197 CrPC, Read Judgment
[HMA] HC Reiterates: Grounds u/S. 11 are different from grounds u/S. 12, petition cannot be judged on grounds other than those u/S.11 , Read Judgment
HC Expounds: Sibling fee relief granted by a School cannot be claimed as a matter of right, Read Judgment
[Commercial Courts Act] HC: Prayer for urgent relief cannot be used to circumvent the requirement of pre-litigation mediation u/S 12A, Read Judgment
‘While exercising power under Section 263 of the IT Act, it is mandatory for the CIT to record a finding that the case is of no inquiry,’ Read Judgment
‘Gross delay in availing remedy’; HC dismisses petition challenging cancellation of GST registration, Read Judgment
HC Expounds: Technical mistakes, if not financially detrimental do not warrant penalties under GST, Read Judgment
[UP Anti-Conversion Law] HC: Interfaith marriage not valid if performed without compliance of Sections 8 and 9, Read Judgment
‘A person cannot question an order passed under Section 148A (d) of the IT Act when he did not question the reopening of the assessment,’ Read Judgment
‘Absence of Guidelines cannot ipso facto result in invalidation’; HC upholds law regulating fees of Private Schools, Read Judgment
HC Reiterates: Proceedings under Section-107 CrPC cannot be disposed of without recording special reasons for disposal, Read Judgment
‘The question of title and illegal eviction, including no notice having been given, are not to be raised under Article 226 of the Constitution,’ Read Judgment
‘Not permissible to prosecute Chairman without initiating proceedings against the Company’; HC sets aside charges against Chairman, Read Judgment
HC Expounds: Anganwadi Sevika cannot claim protection under Article 311 of the Constitution as it is not a Government Service, Read Judgment
HC Reiterates: Mere fact that the evidence is of police officials does not by itself give rise to any doubt about its creditworthiness, Read Judgment
HC: Duty of State to disburse Gratuity and Pension amount on due date, State obliged to pay interest in case of delay, Read Judgment
[Arbitration and Conciliation Act] HC Reiterates: Debatable questions of fact cannot be looked into while hearing application u/S. 11(6), Read Judgment
HC: Arbitral Award under MSMED Act is to be challenged u/S. 19 of the Act read with S.34 of Arbitration Act, Read Judgment
HC Reiterates: Mere pendency of Criminal Proceedings is not a ground for cancellation of Firearm License, Read Judgment
[Police Act] HC: Same Magistrate cannot be both Witness and Judge in a case registered against SHO, Read Judgment
HC Expounds: No part of a Confessional Statement taken in Police Custody without preparing any arrest memo can be used in evidence, Read Judgment
[Income Tax Act] HC: Assessing authority only required to record bonafide satisfaction for assuming Jurisdiction u/S. 148, Read Judgment
[UPGST] ‘Technical violation by itself without any intention to evade tax cannot lead to imposition of penalty’: HC sets aside penalty order u/S 129(3), Read Judgment
‘Initiating proceedings u/S. 145 CrPC without disclosing the basis for the apprehension of breach of peace amounts to colorable exercise of power,’ Read Judgment
HC Expounds: ‘Parties cannot be directed to stay together as a condition of anticipatory bail where there is an allegation of mental and physical cruelty,’ Read Judgment
Clear case of dark face of our Societ: HC quashes case against Husband filed by Wife’s father due to disapproval of Marriage, Read Judgment
Habeas Corpus proceedings may not be utilized to examine the legality of the Child Custody: HC dismisses petition of a father seeking custody of minor son, Read Judgment
Not providing documents to a person required for his defense amounts to a violation of the principles of Natural Justice, Read Judgment
Mere issuance of an appointment letter does not make a person a ‘Government Servant’ unless he/she has submitted joining and started serving, Read Judgment
An Insurance Company cannot reopen report of a Surveyor when it had repudiated its report by appointing another surveyor, Read Judgment
[CGST] HC Expounds: Appellate Authority does not have the power to remand the case back to Adjudication Authority u/S. 107, Read Judgment
Once Court pronounces a Suit as undefended under Order VIII Rule 10, it cannot pronounce judgment on deemed Admission of Plaint, Read Judgment
Neither Complainant nor Accused has the right to invoke Section 216 CrPC to seek any addition or alteration of charge, Read Judgment
[Arbitration and Conciliation Act] HC: Splitting of an Arbitral Award for publication is unnatural and unsupported by law, Read Judgment
HC Reiterates: Person summoned u/S. 319 Cr.P.C. cannot avail the remedy of Discharge u/S. 227 Cr.P.C., Read Judgment
HC Expounds: Habeas Corpus, in a Child Custody matter, would be entertainable only where detention of minor child is illegal and without the authority of law, Read Judgment
Plaintiff can approach Civil Court even when his case may be exclusively triable by the Tribunal if remedy before the Tribunal is uncertain, Read Judgment
[Negotiable Instruments Act] HC Expounds: Demand Notice sent to the drawer of cheque via email or WhatsApp is valid u/S 138, Read Judgment
HC: Validity of an order passed by a statutory functionary can be adjudged only on the reasons mentioned by it and fresh reasons cannot be supplemented, Read Judgment
[SC/ST Act] HC: Inherent jurisdiction u/S 482 CrPC cannot be invoked by the aggrieved when an order appealable u/S 14A, Read Judgment
HC: Statutory Condition for not granting Compassionate Appointment if spouse of Deceased is already Govt Employee cannot be extended to Children, Read Judgment
‘Misconceived application’; HC dismisses petition seeking quashing of FIR for forcible entry to mosque against AIMIM leader, Read Judgment
HC Reiterates: Compassionate Appointment cannot be granted on a higher post than post held by deceased, Read Judgment
HC Opines: Rejection of application under Order VII Rule 11 CPC will not operate as res judicata on deciding issue of limitation, Read Judgment
[NI Act] HC: ‘Section 142 does not prescribe who can represent the company, can be represented by an employee or a known employee’, Read Judgment
A suspended Principal cannot take part in Recruitment Process, nor can be expected to form part of Selection Committee, Read Judgment
HC Expounds: S. 311 of Cr.P.C. cannot be used for filling up lacunae through recall or examination of witnesses for the purpose of creating fresh evidence, Read Judgment
‘Fees deposited quid pro quo for studies imparted’; HC directs college to refund fees to a student who resigned from allotment made in first counseling, Read Judgment
HC Expounds: Scope of Revisional Jurisdictional is primarily focused on questions of Law, Jurisdictional Errors, or Procedural Irregularities, Read Judgment
[Arbitration and Conciliation Act] HC: Arbitration cannot be inferred from party's conduct alone, Read Judgment
[CGST] HC: Requirement of self-certified copy of order not applicable to appeals filed electronically u/S. 107 read with Rule 108 of CGST Rules, Read Judgment
HC: Mere Technical Error committed by Petitioner cannot result in imposition of a harsh penalty, Read Judgment
HC: Even in absence of a formal application, delay can be condoned if there is sufficient material on record disclosing sufficient cause for delay, Read Judgment
HC: Its not necessary to establish bias to vitiate Selection Process when selected candidate is son of the person making selection, Read Judgment
[UPGST] HC: Right of Personal Hearing cannot be taken away due to failure in filing reply to Show-Cause Notice u/S. 75(4), Read Judgment
HC: Principle of Res-Judicata doesn't apply in tax matters, however Department cannot be allowed to change stance unless there is marked change, Read Judgment
Cannot be deemed to be a Legal Entity: HC dismisses petition by Sikh Collective against nominations made to Sri Takhat Harimandir Ji, Patna Saheb, Read Judgment
Atrocities on villagers repulsive and heart-wrenching: HC quashes S.144 CrPC order imposed in Sandeshkhali, Read Judgment
[Arbitration and Conciliation Act] HC Expounds: Compliance with Section 21 by sending a notice invoking arbitration is mandatory, Read Judgment
HC: Non-Appearance of Counsel for Applicant amounts to Professional Misconduct, Tantamount to Bench hunting or forum shopping, Read Judgment
[National Security Act] HC: Order u/S. 12(1) passed by State confirming detention cannot be reviewed, Read Judgment
HC: Absence of Tax Invoices at the time of interception and their subsequent production doesn't absolve Assessee from liability, Read Judgment
Press must be allowed to function freely and independently: HC grants bail to journalist arrested in Sandeshkhali, Read Judgment
HC: Onus of proving whether interim protection continues beyond a certain date or not is on the party who will be at a loss if there is no interim order, Read Judgment
HC: Property purchased by Hindu husband in name of his homemaker spouse can be presumed to be family property u/S 114 IEA, Read Judgment
Limitation crucial for both Taxpayers and Tax Authorities: HC dismisses application under Limitation Act, Read Judgment
[Indian Succession Act] Appeal u/S. 299 will lie only against orders appealable as per Order 43 Rule 1 CPC, rules HC [Read Judgment]
Person responsible should be dealt with iron hand: HC directs probe into difference in quantity of drugs in seizure list and Magistrate’s Certificate, Read Judgment
[Negotiable Instruments Act] -Return of unpaid cheque by the bank with ‘Account Closed’ remark amounts to offence u/S 138, Read Judgment
[GST] ‘Initial burden of proof to show intention of tax evasion in case of clerical or typographical error lies on the department’, Read Judgment
[Arbitration and Conciliation Act] HC: Clause mandating the appointment of gazetted Railway Officers for arbitration violative of Section 12(5)’, Read Judgment
HC: ‘An accused cannot be convicted u/S. 27 of the Arms Act when no firearm has been recovered from the possession of any of the accused persons,’ Read Judgment
[Indian Succession Act] HC: Court has power to revoke or annul a grant for just cause u/Sec. 263, Read Judgment
Cannot protect Relationship not supported by law: HC dismisses petition of Married Woman in live-in relationship seeking protection, Read Judgment
HC: Mere presence of a person in Assembly at the time of commission of offense of rioting is not sufficient to consider him as a member of the unlawful assembly, Read Judgment
HC: ‘Deciding an appeal based on a report from the authority whose decision itself is under challenge amounts to violation of the principles of Natural Justice,’ Read Judgment
HC: Mere filing of a Criminal Complaint doesn't oust jurisdiction of High Court under Section 463(2) of Companies Act, 2013, Read Judgment
Cannot support such type of Criminal Act: HC dismisses Protection Plea of a married Muslim woman in a Live-in Relationship, Read Judgment
Prosecution case may suffer: HC directs state to change its Public Prosecutor in POCSO Case, Read Judgment
‘Addressing an unknown lady on the street with the word ‘darling’ patently offensive’; HC affirms conviction u/S 354A and 509 IPC, Read Judgment
HC: Statutory Appeals filed after compliance with the pre-deposit condition must be decided in a reasonable time, Read Judgment
HC Expounds: Writ Jurisdiction can only be exercised in case of good faith, it is liable to be dismissed in case of concealment of facts, Read Judgment
HC: Mere silence of a party affecting the willingness of a person to enter into a contract is not fraud unless silence is in itself equivalent to speech, Read Judgment
HC: A second FIR is admissible only when the allegation of offense is distinct and separate from the first FIR in respect of the same incident, Read Judgment
‘Case falls in the category of exception in saying “Bail is the rule, Jail is an exception”; HC dismisses petition seeking bail in murder case, Read Judgment
HC: ‘If an applicant suppresses a material fact or attempts to mislead the Court, the Court may dismiss the action without entering into the merits of the case,’ Read Judgment
HC: Differential treatment of Non-government employees from Government employees for leave encashment exemption is not violative of Article 14, Read Judgment
HC Expounds: Any order imposing penalty passed without conducting a departmental inquiry on the disputed facts is invalid, Read Judgment
HC: Commencement of Trial in O.VI R.17 of the CPC must be understood in a limited sense and does not include the stage of framing issues, Read Judgment
‘Will destroy the social fabric of our country’; HC dismisses petition seeking protection of married individuals in a live-in relationship, Read Judgment
HC Expounds: Unilateral declaration executed on a stamp paper is not a mode of dissolution of Hindu Marriage, Read Judgment
HC: Pendency of a Criminal Case is not a bar to initiating departmental proceedings even though contents of charge memo and FIR are identical,Read Judgment
HC: ‘A person cannot file an application under Order XXI Rule 26 of the CPC when an application under Order IX Rule 13 has already been filed,’ Read Judgment
HC: Revision Court cannot grant further time for filing an application for condonation of delay when no such case was made before Sessions Judge, Read Judgment
HC Reiterates: 25% of husband's net salary would be just and proper to be awarded as maintenance to wife, Read Judgment
HC: Impleadment of a party can be allowed even at an appellate stage if the party can show to the Court that non-impleadment would seriously prejudice him, Read Judgment
‘Marriage between Hindus governed by HMA, cannot be dissolved by way of compromise in proceedings u/S 125 CrPC’, Read Judgment
HC Expounds ‘Residing in the house of father’s friend of different religion by a married lady does not amount to adultery’, Read Judgment
Articles 14 and 21 not restricted to Indian citizens: HC releases Pakistani National staying in prison despite completion of Sentence, Read Judgment
[U.P Fighters of Democracy Honour Act] HC Expounds: Mere existence of allegation of criminal offences does not itself dis-entitle a claimant to claim benefit of Act, Read Judgment
HC: ‘Court must record its satisfaction that person is deliberately avoiding proceedings despite service of notice before issuing proclamation u/S. 82’, Read Judgment
Supporters of a Political Party not capable of being termed as a group u/S. 505(2) IPC: HC grants interim relief to Adhir Ranjan Chowdhary in case over spreading false rumors, Read Judgment
‘Child has accepted the present husband as the father’; HC allows petition seeking to replace biological father’s name from birth certificate, Read Judgment
HC Expounds: Migration can take place from 'reserved category' to 'general category' but not vice versa, Read Judgment
[Hindu Minority and Guardianship Act] HC Expounds: Natural Guardian doesn't require permission of court to sell minor’s undivided interest in Joint Family Property, Read Judgment
HC Expounds: Scope for Judicial Review of an order for compulsory retirement is extremely limited unless its found to be arbitrary, mala fide,Read Judgment
HC: Court cannot direct for re-evaluation of answer-sheet of a candidate unless there are glaring infirmities when no provision for re-evaluation exists, Read Judgment
‘When the age of a victim in a POCSO case is estimated to be around 16-18 years, the benefit of it has to be given to the accused,’ Read Judgment
HC: ‘The valuation of a suit is not a pure question of law and the Court cannot give a decision on it by framing it as a preliminary issue’ Read Judgment
HC: An Officer’s temporary officiation has to be considered in determining seniority and not doing so would amount to a violation of Articles 14 and 16, Read Judgment
HC: For a third party to be impleaded in a Property Suit, he should have a direct or legal interest in subject matter and mere commercial interest is not sufficient,Read Judgment
Daughter-in-law supposed to be treated as a daughter: HC directs state to reconsider petition seeking Compassionate Appointment, Read Judgment
HC Expounds: Case involving serious allegations of Fraud to be treated as non-arbitrable and only Civil Court can decide such a matter, Read Judgment
Pendency of proceeding u/S. 95 IBC doesn't automatically entail moratorium u/S. 96 on a Wilful Defaulter proceeding, Read Judgment
Judgment pronounced on question of law that is subsequently reversed or modified by a Superior Court is not reviewable on ground of being per incuriam, Read Judgment
HC Expounds: Termination of Settlement attempt doesn't always result in a ‘final and binding’ decision, Read Judgment
[Limitation Act] Condonation can only be granted in exceptional circumstances: HC dismisses Appeal u/S. 37, Read Judgment
HC Reiterates: Action in case of any shortcomings in a selection duly made has to be taken expeditiously, Read Judgment
Upper Limit of 90 days u/O. 8 R. 1 of CPC for filing written statement is discretionary and Trial Court may allow it even after 90 days, Read Judgment
Application for Premature Release cannot be rejected by Remission Board based on Police Report without applying its own mind, Read Judgment
[Arbitration and Conciliation Act] HC Reiterates: Period of limitation for challenging the award u/S. 34 commences when the party making the application receives a signed copy of the award, Read Judgment
[Pension Rules] HC: Persons appointed under scheme of Union cannot be treated as Employees under State on account of abolition of post, Read Judgment
‘Cannot be released unless fourteen years imprisonment completed’; HC dismisses petition seeking premature release by petitioner convicted u/S 302 IPC, Read Judgment
HC: Granting monetary benefit without actually effectuating any promotion to any higher post cannot be withheld for not possessing additional educational qualification, Read Judgment
Section 13 of Commercial Courts Act bar appeal from even those Suits that were marked as Ordinary Suit at time Act came into force, Read Judgment
Court cannot take cognizance of an offense under S.138 NI Act by condoning delay when complainant didn't give any reason to explain delay, Read Judgment
Pension account of Guarantor cannot come within purview of SARFAESI Act and a deduction cannot be considered under Section 13 of the Act, Read Judgment
HC: Discrepancy in Date of Birth in different documents provided by a candidate, having no impact on her eligibility, cannot be a ground to disqualify her, Read Judgment
HC: S. 56(2) of Electricity Act is not a right of Consumer but Statutory fetter on Distribution Licensee and it can’t be waived by Consumer, Read Judgment
Employee placed under suspension during Detention cannot be denied wages upon acquittal in absence of any Disciplinary Enquiry, Read Judgment
HC Reiterates: S.195(1)(b)(ii) CrPC bars registration of FIR in case of Commission of forgery in a document outside court, Read Judgment
Calling wife ‘Bhoot’ or ‘Pisach’ does not constitute cruelty: HC sets aside conviction u/S 498A, Read Judgment
[Prohibition of Sex Selection Act] HC: Additional Chief Medical Officer has no authority to file a complaint for any offence under the Act, Read Judgment
HC: Court owes a duty to look into attending circumstances with due care in frivolous or vexatious Proceedings, Read Judgment
Deemed Public Interest in a person seeking to contest in an election: HC directs State to accept resignation of a government doctor, Read Judgment
[S.125 Cr. P.C] HC: ‘Only compulsory statutory deductions can be reduced from gross salary, deduction not permissible for payment of LIC’, Read Judgment
‘Explanation for delay usual and stereotypical’; HC dismisses appeal seeking setting aside of arbitral award after four years, Read Judgment
HC Reiterates: Complaint u/S. 498A not sustainable if Marriage is null and void, Read Judgment
HC: ‘A certified copy of the original agreement duly attested by the Notary Public is sufficient to fulfill the requirement of S. 8(2) of the Arbitration Act,’ Read Judgment
White Collar Crime which has drastic effects should be dealt with iron hands: HC dismisses Bail Application in a Forgery Case, Read Judgment
Review Application filed under O.47 R.1 CPC cannot empower a Court to exercise its inherent jurisdiction to interpret its order, Read Judgment
[Order VI Rule 17] HC Expounds: Court cannot reject Amendment Application partly without assigning reasons for the same, Read Judgment
HC: Defendant cannot file a counter-claim when Cause of Action for counter-claim arises after filing of Written Statement, Read Judgment
[POCSO Act] ‘Honour of a woman cannot be put to stake by compromise or settlement’; HC dismisses petition seeking quashing of proceedings, Read Judgment
HC: Delay in approaching Court cannot be a ground to deny Compensation for land taken over by Government, Read Judgment
HC: Court cannot accept Confessional Statement made to Officers/Forest Guards without inspecting its voluntariness, Read Judgment
[HMA] HC: Divorce petition u/S 23(1)(b) cannot be dismissed if condoned acts of cruelty are repeated, Read Judgment
[HMA] HC Expounds: Ceremony of kanyadaan is not essential for the solemnization of a Hindu marriage, Read Judgment
[IBC] Moratorium u/S. 14 prohibiting proceeding u/S. 138/141 N.I. Act not applicable only against Corporate Debtor and not against natural persons, Read Judgment
Court can grant relief under Section 26 HMA, 1955, even if no formal application has been made, Read Judgment
HC: Death of one of co-borrowers doesn't vitiate the proceedings conducted under Section 14 SARFAESI Act, 2002, Read Judgment
HC Expounds: No tax can be collected without authority of law and any amount that has been collected is dehors the law is to be returned, Read Judgment
HC: Valuation of Goods based on eye estimation not in accordance with law and is liable to be set aside, Read Judgment
[S.125 CrPC] HC: ‘25% of the husband's net salary would be just and proper to be awarded as maintenance allowance to the wife’, Read Judgment
HC: ‘Any complaint under Section 202 of the CrPC cannot be registered as an FIR unless there is such an order passed by the Magistrate/Special Judge’ Read Judgment
Process of Criminal Law cannot be utilised for arm-twisting and money recovery: HC quashes imposition of ₹2.5 Crore condition for grant of bail, Read Judgment
[POCSO Act] False depiction of a victim as minor abuse of process of law: HC issues directions for submitting Medical Report determining age of victim, Read Judgment
HC Expounds: ‘Right to receive a pension is a right to property protected under Article 300A of the Constitution of India,’ Read Judgment
HC: ‘Any excess amount paid to an employee, without any fault of his, cannot be recovered from him after his retirement’ Read Judgment
‘Cannot be excused a mere expression of opinion but is a deliberate act of religious vilification’; HC refuses to quash case lodged for making remarks on Shivling, Read Judgment
‘Issuance of notice not an empty formality’; HC quashes Assessment Order passed in undue haste with only one day’s notice, Read Judgment
HC Expounds ‘The election certificate issued in favor of a winning candidate can be set aside by the High Court under Article 226’ Read Judgment
HC: Difficult for District Judges to exercise Jurisdiction freely due to fear of administrative complaints and subsequent transfers, Read Judgment
HC Expounds: ‘Case of compassionate appointment of a married daughter would not be rejected solely on the ground of her marital status, Read Judgment
HC Reiterates: Parties are entitled to exclude the jurisdiction of other courts when more than one court has jurisdiction over a matter, Read Judgment
HC Expounds: ‘A teaching staff cannot challenge her dismissal under Article 226 merely because the State has some regulatory powers over the school,’ Read Judgment
HC: ‘Non-payment of Retiral Benefits amounts to a continuing wrong and cannot be refused on grounds of delays in approaching the Court,’ Read Judgment
HC: ‘An application for recalling of a witness cannot be allowed at a belated stage on the ground that it would cause no prejudice to the opposite party’ Read Judgment
HC: ‘The requirement of recording satisfaction under S. 212(6) of the Companies Act does not apply when the accused had co-operated during the investigation’ Read Judgment
HC: ‘The court cannot accept an Affidavit-In-Chief filed u/O. XVIII if it raises facts about the cause of action that were not mentioned in the Plaint’ Read Judgment
HC: ‘Mere communication of a decision to go to Arbitration cannot be construed as an Arbitration Agreement between parties u/S. 7 of the Act,’ Read Judgment
HC Expounds: ‘Sending notice to the assessee’s old address is not sufficient to meet the requirement of Section 148 of the Income Tax Act,’ Read Judgment
HC: ‘An award passed by the MACT cannot be enhanced in an appeal filed by the Insurance Company in the absence of any appeal by the claimants,’ Read Judgment
HC: ‘Writ of habeas corpus, though a writ of right is not to be issued as a matter of course, particularly when it is sought for custody of child’, Read Judgment
HC Opines ‘Tendency of hurling allegations at courts must be put down with a heavy hand in the larger interest of the Administration of Justice’, Read Judgment
[Industrial Disputes Act] ‘S.11-A does not restrict the workman's right to challenge the findings of the Inquiry Officer in the departmental enquiry’, Read Judgment
HC: ‘Additional written statement can be allowed even at a very belated stage when it is merely for elaborating the facts already stated in the original written statement’ Read Judgment
[MSMED Act] HC Reiterates: Court has the discretion to allow pre-deposit in installments u/S. 19, Read Judgment
[Central Excise Act] HC: ‘Condition of the pre-deposit cannot be waived by the High Court in its writ jurisdiction’, Read Judgment
‘Opportunity of hearing would be an illusory exercise’: HC upholds Cancellation of Admission due to failure to clear cut-off score, Read Judgment
HC: ‘Mere apprehension howsoever strong cannot be the substitute for Evidence which alone can justify implication of an accused’, Read Judgment
[Arbitration and Conciliation Act] ‘Delay in filing the appeal can only be allowed if the appellant makes out a very strong case’, Read Judgment
HC Opines ‘Section 5 of the Limitation Act cannot be used to extend the time of limitation specified by a local law,’ Read Judgment
HC Expounds Court passing an order under S. 9 of the Arbitration Act has the power to take penal measures to ensure its enforcement, Read Judgment
HC Opines: ‘Mere use of abusive words, not leading to any provocation to another person, would not make a person guilty under S. 504 IPC’ Read Judgment
HC: ‘Interest on delayed payment to a contractor cannot be denied by the government merely because no clause of for interest existed in the contract’ Read Judgment
‘Testimony of the victim unreliable’; HC sets aside the order of Conviction in a Rape case, Read Judgment
HC: ‘Party seeking condonation of delay cannot allege non-information by counsel about disposal in case in which party doesn’t contact Counsel for 6 years’, Read Judgment
HC Expounds ‘An Appellate Court cannot dismiss an appeal on default and has to give its decision on merits’ Read Judgment
[HMA] HC Expounds: Saptapadi ceremony is an essential ingredient to constitute a valid Hindu marriage’, Read Judgment
HC Expounds: ‘No recovery can be effected from employees who have been given excess payment due to wrong fixation of pay without any fraud’, Read Judgment
‘Torture in custody flouts the basic rights of the citizens’; HC directs State to pay Rs 2 lakh compensation to man subjected to Custodial Violence, Read Judgment
HC: ‘Employees who have not received their withheld pension amounts have the legal right to seek recourse in court’, Read Judgment
HC Expounds ‘An act of unlawful entry into the territory of India cannot be punished u/S. 419 and 420 of the IPC,’ Read Judgment
HC Expounds: ‘The High Court can only look at the fairness of the process and not of the conclusion in a Judicial Review of Departmental Proceedings,’ Read Judgment
‘Utter defiance of court’s earnest request’; HC grants bail to accused in custody for more than six years, Read Judgment
HC: ‘A mere report filed by the Investigating Officer, without examining witness, cannot be treated as evidence in the Departmental Proceeding,’ Read Judgment
HC Expounds ‘Judicial Review of tender processes and award of contracts is limited only to the cases that involve material violation of terms,’ Read Judgment
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