High Courts
Differently Abled Child Entitled To Care Of Both Parents: Gauhati High Court Orders Reconsideration Of Army Major's Joint Posting Request
In a matter where an Indian Army officer sought reconsideration of his transfer on account of his minor son having autism, the Gauhati High Court held that a differently abled child is entitled, as a matter of legal right, to have caregiving parents near him, and directed the authorities to reconsider the request for joint posting of the parents.The ruling was delivered by Justice Kardak Ete,...
Kerala High Court Directs Calicut University To Convene Senate Within 30 Days To Replace Recused Member In VC Search Committee
The Kerala High Court on Wednesday (November 26) directed the University of Calicut to convene a Senate meeting within 30 days to find a replacement for Prof. Sabu A., who has expressed his unwillingness to be a member of the Search-Cum-Selection committee that has the duty to select a vice-chancellor for the varsity.Justice V.G. Arun was considering the State's plea that had challenged...
Compelling Wife To Undergo Trial For Inevitable Acquittal Is 'Instrument Of Harassment': Allahabad High Court Quashes POCSO Case Against Husband
The Allahabad High Court recently quashed criminal proceedings under the POCSO Act against a man who married the alleged victim, who also favoured quashing. as it observed that forcing a happily married couple to face trial merely to record a hostile testimony would be an "irony of fate" and an "instrument of harassment”. A bench of Justice Kshitij Shailendra thus allowed the plea...
Adverse Police Report Calling Applicant 'Foreigner' Can't Override Statutory Citizenship By Birth, Passport Must Be Issued: Madras High Court
The Madras High Court recently observed that an adverse police report could not override the statutory right conferred under the Citizenship Act, when a person's citizenship by birth is proved by way of genuine documents. Justice PT Asha thus came to the rescue of a man, born to Sri Lankan parents, whose passport application was rejected by the authorities. The court noted that the...
BNSS | Police Report In Non-Cognizable Offence Is Deemed A 'Complaint'; Accused Must Be Heard Before Summons In Such Cases : Allahabad HC
The Allahabad High Court has recently observed that a police report (charge-sheet) filed for a non-cognizable offence must be treated as a 'complaint' by the Magistrate and not as a police case/state case. This is in conformity with the Explanation to Section 2(1)(h) of the Bharatiya Nagarik Surksha Sanhita, 2023 (BNSS). The Court further noted that in such cases, a Judicial...
Gujarat High Court Seeks Response Of State, Central Govts On PIL For Extending ESI Act Benefits To Industrial Workers In District Kutch
The Gujarat High Court sought response of the ESI Corporation, State and Central governments on a PIL for extending benefits under ESI Act to district Kutch so as to provide adequate medical facilities and benefits to the workers in various factories/industries especially those working in hazardous industries in the district. The division bench of Chief Justice Sunita Agarwal and Justice DN...
'Hospitals Must Display Rates, Mustn't Deny Emergency Care For Not Paying Advance' : Kerala High Court Upholds Clinical Establishments Act
The Kerala High Court on Wednesday (November 26) dismissed the appeals preferred by the Indian Medical Association (IMA) and the Kerala Private Hospitals Association against a Single Bench's order upholding the provisions of the Kerala Clinical Establishment Act and Rules.The Division Bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Syam Kumar V.M. upheld the law, which...
Delhi High Court Grants Relief To Tesla Inc, Extends Bar on Indian Company's Use of 'Tesla' Marks In EV Market
The Delhi High Court on Monday granted relief to the U.S.-based electric vehicle company Tesla Inc. by directing that the undertaking earlier given by the India-based Tesla Power India Pvt. Ltd., stating that it will not manufacture or market electric vehicles or use any mark deceptively similar to 'Tesla' for EVs, shall continue until the trademark infringement suit is finally decided.In...
Crime Remaining Undetected Due To Police Lapse Violates Victim's Right Under Article 21, State Obligated To Compensate: Madras High Court
The Madras High Court recently observed that when a crime remains undetected due to the inaction of the investigating agency, it violates the victim's right under Article 21 of the Constitution. The court added that the State, as the guardian of fundamental rights, must step in and provide monetary relief to the victims in such cases. “When a crime remains “undetected” due to...
Delhi High Court Slaps ₹1 Lakh Cost On Litigant For Misusing Writ Jurisdiction To Stall DRT, NCLT Proceedings
The Delhi High Court recently imposed costs of Rs 1 lakh on a litigant while dismissing his writ petition that sought to halt proceedings pending before two Debts Recovery Tribunals and the National Company Law Tribunal. The Court held that the petitioner, Sanjeev Krishan Sharma, had failed to show any violation of fundamental rights, statutory mandate or natural justice that could...
Employee Cannot Claim Wages Of Higher Post Merely Because He Is Qualified To Perform Such Tasks: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that an employee cannot claim wages of a higher category merely because he is qualified or capable of performing duties associated with that post.The Court clarified that wages are attached to the post held and not to the qualifications possessed by the employee.The Court was hearing a petition challenging the rejection of a claim for...
Delhi High Court Slams GST Authorities For 'Mechanically' Cancelling Registration Of BoAt's Parent Company
The Delhi High Court has slammed the GST authorities for cancelling the registration of Imagine Marketing Ltd., the parent company of smart wearables brand boAt, without considering the company's replies.A division bench of Justices Prathiba M. Singh and Shail Jain further criticised the GST Appellate Authority, which upheld the cancellation in a 'cavalier' manner. The judges...