High Courts judgments

Bombay High Court rules that compensation under the Land Acquisition Act must account for a 25% deduction for adjacent land influence, alongside a 10% annual hike in market value. The court also clarifies that interest on enhanced compensation accrues from the final award date, not the Section 4 notification, impacting landowners and state authorities in acquisition disputes.

Bombay High Court invalidates a 99-year lease agreement for lack of evidence of consideration and failure to obtain requisite permissions under tribal land laws. The ruling reinforces that mutation entries cannot validate a sham transaction, impacting land disputes involving Adivasi properties.

Bombay High Court holds that a government servant can unilaterally withdraw a voluntary retirement notice before the intended date without prior approval, striking down arbitrary rejection orders. The ruling mandates payment of salary arrears and consequential benefits, reinforcing the right to reconsider retirement decisions under service law.

Karnataka High Court dismisses writ petitions after finding litigants suppressed material facts and tampered with execution records to claim Railway property. The Court reaffirms that suppression of truth amounts to fraud on court, barring equitable relief under the Doctrine of Clean Hands.

Rajasthan High Court grants interim relief to contractual employees, restraining their replacement without following a regular recruitment process. The ruling reinforces principles of natural justice and fair procedure in service law, impacting contractual workers across government departments.

Rajasthan High Court holds that issuing arrest warrants solely because a defendant's counsel obtained certified copies violates due process. The court converted the arrest warrant to a bailable warrant, reinforcing judicial safeguards against procedural arbitrariness in criminal trials.

Rajasthan High Court restrains revenue authorities from questioning residential use of land after valid conversion under Rule 9 of the 2007 Rules. The ruling clarifies that once conversion is approved, revenue authorities cannot initiate proceedings against the landowner, reinforcing finality in land use permissions.

Rajasthan High Court rules that immediate police action under the NDPS Act, based on prior information, does not require written compliance under Section 42 if the contraband is recovered on the spot. The ruling dismisses the suspension of sentence application, reinforcing that procedural non-compliance does not vitiate search and seizure when action is prompt.

The Andhra Pradesh High Court ruled that AICTE-approved courses cannot be excluded from counselling due to minor nomenclature discrepancies, directing the inclusion of 'Computer Science and Engineering (Artificial Intelligence)' with 120 seats. The judgment reinforces that substantive approval outweighs procedural labeling errors, impacting technical education admissions statewide.

The Bombay High Court quashed the cancellation of a Scheduled Caste woman's fair price shop licence after authorities ignored her written explanation without meaningful scrutiny. This ruling reinforces that procedural fairness is non-negotiable in welfare-based licensing, especially when vulnerable beneficiaries are deprived of livelihood rights without reasoned evaluation.

Andhra Pradesh High Court rules that displaced persons must be considered for employment under G.O.Ms.No.98, even if they missed the cut-off date, as rigid adherence violates Articles 14, 16, and 21. The judgment mandates administrative flexibility to uphold constitutional rights, setting a precedent for similar quota-based employment disputes.

Andhra Pradesh High Court rules that Debt Recovery Tribunals must adjudicate stay applications under Section 17 of the SARFAESI Act before proceeding with e-auctions of mortgaged properties. The judgment reinforces that coercive measures without prior adjudication violate principles of natural justice and property rights under Article 300-A.

The Karnataka High Court ruled that Indian courts cannot intervene in child custody matters governed by foreign court orders unless exceptional circumstances threaten the child's welfare. The judgment reinforces the principle of comity of courts in transnational custody disputes, limiting habeas corpus relief to cases of grave risk or illegal detention.

Himachal Pradesh High Court rules that continuous possession and payment of land revenue, as evidenced by revenue records, override vesting entries under the H.P. Village Common Land Act, 1974. This entitles proprietors to compensation under the Land Acquisition Act, 1894, reinforcing the primacy of factual possession over statutory vesting in land acquisition disputes.

Himachal Pradesh High Court ruled that confessional statements recorded under Section 67 of the NDPS Act cannot be relied upon to deny bail, and financial transactions without evidence of conscious possession are insufficient to establish complicity. The judgment reinforces the presumption of innocence and strict evidentiary standards in NDPS cases.

Himachal Pradesh High Court reaffirms the presumption of correctness in answer keys, limiting judicial intervention to exceptional cases. Candidates challenging evaluation must overcome this presumption with substantive evidence, not mere assertions of error.

Himachal Pradesh High Court sets aside a Rs. 10,000 penalty under the RTI Act, ruling that personal information of third parties is exempt under Section 8(1)(j) unless disclosure serves a larger public interest. The judgment reinforces privacy protections while mandating transparency only when accountability outweighs individual rights.

Himachal Pradesh High Court quashes FIR under Bharatiya Nyaya Sanhita Section 115(2) and Juvenile Justice Act Section 75, holding that minor offences of a personal nature can be compromised if voluntary, non-coercive, and without societal harm. The ruling reinforces the judiciary's discretion to prioritize amicable settlements in petty cases involving children.

Himachal Pradesh High Court rules that probation under the Probation of Offenders Act cannot be granted for offences under IPC Sections 279 and 338, emphasizing deterrent sentencing to curb road accidents. The court rejected the plea despite the convict being a first-time offender with no criminal antecedents, citing Supreme Court precedent and the need to protect innocent lives.

Himachal Pradesh High Court quashed an FIR under Sections 64, 308(2), and 351(2) of BNSS based on a compromise, emphasizing the victim's marital stability and remote conviction chances. The ruling underscores that heinous offences may be compromised only in rare cases where the victim's consent is unequivocal and public interest is not prejudiced.

Himachal Pradesh High Court rules that amendments to pleadings under Order 6 Rule 17 CPC after trial commencement require strict due diligence. Unexplained delay is fatal, and Article 227 cannot override the trial court’s discretion, reinforcing procedural discipline in property disputes.

The Andhra Pradesh High Court ruled that EPF dues under Section 11(2) of the EPF Act, 1952, hold an unassailable first charge on an establishment’s assets, overriding secured creditors and the Limitation Act. This priority applies regardless of recovery delays, reinforcing the statutory protection of employees’ provident fund claims.

Himachal Pradesh High Court acquits accused in a rash driving case, ruling that a mechanical defect shifts the burden of proof to the prosecution to demonstrate the driver's failure to maintain the vehicle. The judgment clarifies that negligence cannot be presumed without evidence of poor upkeep, impacting road accident litigation under IPC Sections 279, 337, and 338.

Allahabad High Court rules that trap evidence, phenolphthalein test, and corroborative testimony are sufficient to convict a public servant under Section 161 IPC and Prevention of Corruption Act, even without the complainant's testimony. The judgment reinforces the admissibility of scientific evidence in bribery cases, setting a precedent for anti-corruption prosecutions.