10222 High Courts judgments explained in plain English: what was decided, the law applied and why it matters. Page 26 of 426.
Calcutta HC set aside the CWC’s finding that the newborn was abandoned and the parents incapacitated, ruling the committee ignored the procedural safeguards of the Juvenile Justice (Care and Protection of Children) Act, 2015. The judgment obliges all custody and adoption orders to meet JJ Act due-process, protecting biological parents.
The Allahabad High Court ruled that an employee’s entitlement to regularisation does not lapse upon death, and the deceased’s heir may claim a compassionate appointment under the 1974 Rules. This expands post-mortem service rights for daily-wage staff in Uttar Pradesh.
The Orissa High Court ruled that Section 41(e) of the Specific Relief Act prevents an injunction restraining termination of a personal service contract, so the bank could not be barred from dismissing the senior employee. It also clarified that Article 227 cannot replace the statutory appeal under Order 43 Rule 1 CPC, limiting interim relief in employment termination disputes.
The Chhattisgarh High Court struck down a 2014 forest-department circular that put transferred forest guards at the bottom of seniority lists, holding that statutory recruitment rules and constitutional equality cannot be overridden by executive orders. The ruling safeguards seniority rights of forest service staff.
Co-operative banks are not liable to deduct TDS on interest they pay to non-member co-operative societies under Section 194A(3)(v). The Bombay High Court set aside the ITAT order that treated the banks as assessee-in-default, confirming the statutory exemption. The ruling relieves all co-operative banks and their non-member society borrowers from TDS obligations.
The Delhi High Court confirmed that the Industrial Disputes Act governs a nursing orderly employed under CCS rules, upholding the Labour Court’s finding of an illegal termination. It reduced the back-wage award to 50% of salary and ordered payment within twelve weeks, clarifying IDA coverage for CCS employees and the calculation of back-wages.
The Madhya Pradesh High Court affirmed that a Judicial Magistrate First Class may, under Section 176(1A) CrPC, conduct a complete inquiry into a custodial death, identify responsible officials and direct the police to register an FIR. This expands magistrate authority, enhancing accountability of law-enforcement agencies in custodial incidents.
Karnataka High Court ruled that the 2010 Finance Act amendment to Section 9(1)(vii) of the Income-Tax Act applies only prospectively, preserving the Supreme Court’s territorial-nexus principle. Consequently, taxpayers providing offshore technical services can claim refunds for taxes previously demanded.
The Delhi High Court held that Section 19 of the Prevention of Corruption Act (Amendment) 2018 makes prior governmental sanction a pre-condition for taking cognizance, and that the amendment operates only prospectively, leaving cases where cognizance was taken before 26 July 2018 untouched. This confines the amendment’s effect to pending and future prosecutions of public servants.
The Delhi High Court ruled that a petitioner's claim of having resigned before the alleged offences makes the question of his directorship a factual matter for trial, not a ground for invoking Section 482 to halt the case. Consequently, revision petitions seeking a stay were dismissed, signalling that inherent jurisdiction cannot be used to pre-empt trial on director-status questions. This impacts directors and companies facing criminal complaints under the Payment and Settlement Systems Act.
Patna High Court affirmed life imprisonment for murder based on a single reliable eyewitness, while quashing the SC/ST Act conviction for lacking proof of a caste motive and reducing the Arms Act sentence, underscoring stricter evidentiary standards for both murder and atrocity charges.
Applicants seeking fresh compensation for land acquired under the National Highways project were denied because the court held that the statutory limitation period under the RFCTLARR Act, 2013, had expired, invoking the fence-sitter doctrine. The ruling confirms that delayed claims for re-determination are barred, affecting all land-acquisition claimants.
Transporting cattle within Uttar Pradesh does not require a permit under Section 5A of the Cow Slaughter (Prevention) Act, so the seizure of the petitioner’s Tata Ace was unlawful. The High Court ordered its release and awarded compensation for loss of livelihood. The ruling clarifies transport requirements for intra-state cattle traders across the state.
High Court enhances compensation in a motor accident claim, clarifying assessment of income, future prospects and multiplier under Section 166, Motor Vehicles Act.
Claimants are entitled to the full compensation awarded under the Motor Vehicles Act without any deduction for benefits received under the Employees' State Insurance Scheme. The court clarified that Section 53 only limits the use of ESI benefits for medical expenses, not the total compensation payable. This ruling benefits all motor accident victims who are also ESI beneficiaries.
The Jammu & Kashmir High Court set aside a PSA detention order that relied on a 2022 FIR, holding that preventive detention must be based on fresh, current material to meet the authority's subjective satisfaction. This ruling narrows the scope of PSA detentions and obliges officials to base orders on up-to-date evidence, impacting current and future detainees under the Act.
A charge-sheet issued after a fifteen-year lapse was set aside, with the court ruling that the condonation doctrine under Rule 22 of the 1965 Conduct Rules cannot justify such delay. This safeguards civil servants from stale disciplinary actions and reinforces timely compliance with procedural timelines.
The Allahabad High Court ruled that a personal altercation unrelated to official duties cannot be classified as misconduct under RBI regulations, thereby upholding the employee’s dismissal. It also ordered the bank to pay pending salary arrears and retiral benefits. This clarifies the scope of disciplinary liability for RBI staff.
Even with ECIR proceedings, the Calcutta High Court allowed a ten-year passport renewal where the applicant satisfied the Section 22 exemption, curbing the blanket one-year limit of Notification GSR 570(E). The ruling aids individuals under investigation seeking longer-valid passports.
The Bombay High Court ruled that a cooperative society can be deregistered under Section 21A only if its original registration was obtained through a material misrepresentation, and not merely for construction irregularities discovered later. This narrows the scope of de-registration, protecting societies from punitive cancellation for compliance lapses after registration.
The Delhi High Court set aside murder convictions where the prosecution could not prove a continuous chain of circumstantial evidence or correctly identify the accused, reducing some to culpable homicide. This ruling stresses that without an unbroken evidentiary link and reliable identification, a murder charge cannot be sustained, impacting pending murder appeals.
Bombay High Court ruled that a disciplinary suspension must end after three months if no charge-sheet or reasoned order is served, ordering the reinstatement of two senior academicians. The decision enforces the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 and the 2025 State resolution, affecting all government employees facing suspension.
The Bombay High Court clarifies the scope of Section 12-A of the Commercial Courts Act, holding that urgent interim relief must be genuinely pleaded to bypass pre-institution mediation.
The Punjab & Haryana High Court held that candidates from reserved categories who scored above the general cut-off and did not claim any reservation benefit must be considered for unreserved posts even if their reservation certificates are invalid. This extends merit-based appointment to all eligible aspirants, irrespective of certificate validity.