High Courts judgments

The Gauhati High Court ruled that junior engineers with two-year diplomas are similarly situated to earlier beneficiaries and must receive notional seniority from the 2010 notification, directing the government to grant the benefit within two months. This clarifies promotion eligibility for diploma-holding engineers across Assam, Nagaland, Mizoram and Arunachal Pradesh.

Delhi HC appoints sole arbitrator under Section 11 of Arbitration Act, 1996; inquiry limited to prima facie arbitration agreement; claim Rs.85,35,069/-.

The Madras HC held that maternity leave must be counted as part of qualifying service for promotion under the Tamil Nadu Revenue Subordinate Service Rules, directing authorities to grant the petitioner promotion with consequential benefits.

Under BNSS Sec 223(1), Delhi HC held that a magistrate must examine the complainant and witnesses on oath before issuing notice to accused in a complaint, making examination prerequisite to cognizance and strengthening procedural safeguards for accused.

The Calcutta High Court held that suppression of material facts and lack of clean hands disentitle a wife to maintenance under Section 125 Cr.P.C, setting aside the denial and ordering a trial, thus upholding clean hands doctrine in maintenance cases.

A homebuyers' association is not a 'claimant' under PMLA Sec 8(8), the Delhi HC held, and cannot seek restitution before charges are framed, limiting restitution to persons directly aggrieved by money-laundering offences.

Delhi HC held Section 122(1A) CGST Act applies to any person retaining benefit from fraudulent ITC, including non-taxable persons, and operates prospectively from 1 Jan 2021. The ruling quashes personal penalties on directors, clarifying the provision's scope and shielding taxpayers from retrospective liability.

The Delhi High Court ruled that an FIR in a matrimonial dispute cannot be quashed under Section 482 CrPC merely on the basis of compromise; a formal divorce decree is necessary. The petition was dismissed, but parties may refile after obtaining a divorce decree.

Allahabad HC holds child welfare paramount in habeas corpus custody; grants father custody with structured maternal visitation despite mother's unwillingness.

Providing accommodation or transport in a POCSO case attracts abetment under Section 17, HP HC held, refusing to suspend sentence absent strong acquittal chance noting that support in child sexual abuse cases is punishable as abetment limits bail relief.

The Delhi HC ruled that under Section 439(1A) CrPC, the victim must be heard before bail, irrespective of the State’s presence. By quashing the accused’s bail, the court emphasized that victim participation is mandatory and non-waivable.

Non-deposit of 75% award under Sec 19 MSME Act 2006 renders a Sec 34 challenge under Arbitration Act 1996 non-entertainable, Calcutta HC ruled, and without pre-deposit restoration applications are ineffective, clarifying jurisdictional bar for MSME arbitration.

The Calcutta High Court held that emails showing consensus ad idem can support a specific performance injunction without strict Section 65B compliance, clarifying that informal electronic evidence may prove contracts in property disputes.

The Orissa HC transferred the family case under Section 24 CPC, noting the wife’s 250 km travel hardship and lack of escort. It allowed the husband’s virtual appearance with safeguards and vacated the 4 Sept 2024 interim order, aiding deserted spouses in remote locations.

The Calcutta High Court barred amendment of pleadings after trial commencement if it defeats the opposite party’s accrued rights, overturning a trial court’s order in a partition suit and upholding Order VI Rule 17 CPC’s proviso to protect parties from prejudicial late amendments.

The Delhi High Court granted bail on a Rs 50,000 bond, holding that mere apprehension of repetition without explicit evidence, antecedents or seized machinery cannot deny bail in economic offences under the Health Security SE NSS Cess Act.

Madras HC Madurai Bench held that an acquittal from total lack of evidence is honourable under G.O. Ms. No.1410/2008, lifting the police recruitment bar. It orders appointment within twelve weeks, aiding candidates cleared on evidentiary grounds.

Tax proceedings can be initiated against a legal representative after a taxpayer's death under Section 93 CGST Act if conditions are met. The department must account for ₹15.4 lakh seized from the deceased's premises within three weeks.

The Delhi HC held that waiver of the right to object to an arbitrator’s appointment under Section 12(5) requires an express written agreement after the dispute; mere participation does not suffice. This clarifies the law for parties in arbitration.

Himachal Pradesh High Court held that a clerical error in revenue records does not bar court jurisdiction under Section 57 of the Consolidation Act when the dispute arises from that error, protecting landowners’ title and injunction rights.

A cheque dishonoured due to an account block after a partner's death lacks the 'insufficiency of funds' needed under Section 138 NI Act, so the Karnataka HC quashed proceedings, meaning blocks attract no criminal liability for partners and firms.

The Calcutta High Court held that arbitral tribunals may grant Section 17 interim measures without first deciding Section 16 jurisdictional objections, treating such orders as neutral fact finding steps to preserve the status quo and enable relief in arbitration.

The Chhattisgarh High Court held that reassessment under Section 147 IT Act requires fresh tangible material, not merely a change of opinion, upholding the Tribunal’s quash of the AY 2009-10 order. It guards taxpayers against arbitrary reopenings.

The Delhi High Court held that counsel’s settlement statements bind the client, barring Equitas Small Finance Bank from reviving a dismissed NI Act complaint and upholding advocate-client ties and Lok Adalat finality.