High Courts judgments

Bombay HC suspends life imprisonment of a murder convict during appeal after 22 years on bail, citing excessive trial duration and prior bail status. Court grants parity bail to accused despite serious charges, emphasizing procedural delays and equitable considerations.

Bombay High Court directs Maharashtra government to extend 100% grant-in-aid to Adarsh Madhyamik Vidyalay, Beed within six months, citing arbitrary denial despite eligibility and absence of distinguishing factors. The ruling underscores constitutional non-discrimination principles in education funding policies.

Bombay High Court directs the Fee Regulatory Authority to reconsider a unilateral 10% fee reduction for private medical colleges after hearing stakeholders, emphasizing procedural fairness and operational cost justification. Institutions must be given reasons for fee adjustments to ensure transparency and compliance with natural justice principles.

Bombay HC permits felling of 8.2188 hectares of mangroves for a 132KV transmission line subject to strict 10-year compliance monitoring and annual status reports. The ruling balances public infrastructure needs with environmental protection under the Forest Conservation Act.

Bombay HC rules that an arbitration clause survives a business transfer if employment continuity is maintained, even absent explicit mention in the new agreement. This protects parties relying on pre-transfer arbitration terms during disputes over confidential information and contractual breaches.

Bombay HC quashes preventive detention of a bootlegger under MPDA Act, ruling that mere production of country liquor without hazardous material fails to breach public order. The judgment underscores the need for material nexus to public safety in preventive detention cases.

Kerala High Court transfers a custody case from Family Court, Chavara to Mavelikkara, prioritizing the wife and child's convenience under Section 24 CPC. The ruling underscores the court's focus on minimizing hardship in matrimonial disputes involving minors.

Kerala High Court quashed criminal proceedings under Bharatiya Nyaya Sanhita Sections 126(2) and 118(1) after parties amicably settled disputes, relying on Gian Singh and Section 528 BNSS. The ruling reinforces inherent powers of High Courts to quash cases post-compromise, benefiting accused in non-compoundable offences.

Kerala High Court quashed an order rejecting a Form-5 application under the Kerala Conservation of Paddy Land and Wetland Act, 2008, ruling that the authorised officer must independently assess land character before excluding it from the Data Bank. The court directed a fresh enquiry and remanded the matter for compliance with statutory requirements.

Rajasthan High Court quashed an FIR in a petroleum theft case after BPCL confirmed seals were intact, allowing retention of 1050 litres under the Petroleum Control Order. The court relied on prior precedent permitting retention of up to 2500 litres per individual, negating allegations of tampering.

Rajasthan High Court quashed an arbitrary transfer order against a widow employee, directing municipal authorities to strictly follow their own transfer policy prioritizing single women and widows. The ruling reinforces administrative accountability in municipal employment transfers under the Rajasthan Municipalities Act.

Rajasthan High Court quashes a Patwari transfer order for lack of specificity under Rule 9 of the Rajasthan Land Revenue (Land Records) Rules, 1957, reaffirming that transfers must comply with statutory mandates. The ruling underscores the need for precise administrative orders in service transfers of revenue officials.

Kerala High Court held that Rule 32(6) of the Central Civil Services (Leave) Rules, 1972 is the sole route for regularising unauthorised absence, even after disciplinary penalties. The ruling clarifies that study leave cannot be granted retroactively to regularise such absences, impacting ESIC officers facing disciplinary actions.

Rajasthan High Court quashes charges under Section 25 NDPS Act, ruling mere ownership of premises does not establish liability without prima facie evidence of knowledge or permission for illegal activity. The judgment clarifies the prosecution's burden in premises-related NDPS cases.

Rajasthan High Court transfers custody of a 17-year-old girl to her mother after she asserts voluntary association with the respondent, affirming habeas corpus jurisdiction over minors. The ruling underscores the paramountcy of the child's welfare and expressed wishes in custody disputes.

Rajasthan High Court commuted a death sentence to life imprisonment in a brutal axe murder case, applying the rarest of rare doctrine. The ruling underscores the court's rigorous balancing of aggravating and mitigating factors under sentencing jurisprudence.

Delhi State Consumer Commission set aside an order striking off Emaar India's right to file a written statement, ruling that the limitation period for filing begins only after receipt of complete complaint documents. The decision underscores the necessity of verifying the completeness of complaint documents before imposing procedural penalties.

Allahabad HC orders state authorities to release salary and arrears to an ad hoc Sanskrit teacher whose appointment was approved by Sampurnanand Sanskrit University but denied payment. The ruling underscores the enforceability of mandamus against grant-in-aid institutions for salary defaults.

Allahabad HC dismissed an anticipatory bail plea for offences punishable with less than seven years under BNSS Section 35(3), citing Arnesh Kumar principles. The ruling clarifies that statutory safeguards under BNSS apply strictly, limiting pre-arrest relief for such offences.

Bombay HC directs Maharashtra government to decide Vairag Taluka's tahsil declaration proposal within three weeks, emphasizing strict adherence to prescribed criteria and natural justice principles. The ruling underscores executive accountability in administrative reforms affecting local governance structures.

Bombay High Court directs the Scheduled Tribe Caste Certificate Scrutiny Committee to decide Halba ST claims within three months and permits interim admission to petitioners without caste validity certificates pending adjudication. The ruling ensures timely resolution of caste claims while safeguarding educational opportunities for eligible candidates.

Bombay High Court Nagpur Bench restored a student's RTE Act 25% quota admission after verifying the petitioner's address, setting aside cancellation due to an address verification error by authorities. The ruling underscores the need for accurate verification before revoking admission rights under the Right to Education framework.

Allahabad HC grants bail in a dowry death trial where key witnesses turned hostile, relying on the Kapil Wadhawan precedent and citing overcrowded jails. The ruling underscores bail discretion in dowry cases despite hostile testimony and procedural delays.

Allahabad HC granted anticipatory bail to parents of a co-accused in a minor abduction case under BNSS, citing lack of direct allegations, absence of criminal antecedents, and over-implication. The ruling reinforces judicial caution against indiscriminate parental liability in abduction cases involving minors.