High Courts Archives

Territorial jurisdiction in passport date of birth correction

MEA Is in Delhi, but the Entire Cause of Action Is in UP: Delhi HC Dismisses Passport DOB Correction Writ for Lack of Jurisdiction

Delhi High Court dismissed a passport DOB correction plea, holding that territorial jurisdiction under Article 226 depends on where the cause of action arises, not the location of the MEA.

Section 420 IPC quashing compromise Jharkhand HC

Case Briefs High Courts

A Seven-Year-Old Cheating Case Ends After Amicable Compromise: Jharkhand HC Quashes Proceedings, Holds Continuation Would Be Abuse of Process

The Court held that the offences involved in the case are not heinous offences nor does it constitute any offence of mental depravity rather the same relates to a petty private dispute between the parties. Due to the complete settlement between the petitioner and the respondent, the possibility of conviction of the petitioner was remote and bleak.

Case Briefs High Courts

Multiple Sclerosis qualifies for PwD reservation if benchmark disability threshold is met; Delhi HC upholds CAT’s order

Delhi High Court held that the cancellation of the respondent’s candidature was not in accordance with law and concurred with the Tribunal’s finding that the rejection of her claim for PwD reservation was unsustainable. Accordingly, the Court upheld the Tribunal’s order setting aside the cancellation and granting consequential reliefs to the respondent.

Case Briefs High Courts

Parents or State Cannot Compel Adult Woman to Return Home or Marry; Right to Choose Residence, Education Protected Under Article 21: Bombay HC

The Court held that a 21-year-old woman, being an adult, is legally competent to decide her residence, marriage, and education, and directed that she shall not be compelled to return to her parental home or treated as a missing person, as these matters of personal choice are protected under Article 21 of the Constitution.

Case Briefs High Courts

Cognizant gets relief to continue using its logo in Atyati dispute as independent creation defeats claim of copying: Bombay HC

The Bombay High Court declined interim relief in a copyright infringement and passing-off action concerning rival logo device marks, holding that resemblance between logos is not by itself actionable unless supported by evidence demonstrating copying or reasonable opportunity of access to the claimant’s work.

Case Briefs High Courts

A Fish Vendor Can’t Lift Heavy Loads After Motor Accident: Karnataka HC Says That’s Functional Disability, Enhances Compensation from ₹3.20 Lakh to ₹4.61 Lakh

In the case at hand, a 25-year-old fish vendor sustained grievous injuries after a car driven at a high speed and in a rash and negligent manner collided with his motorcycle.

Telangana HC minority schools RTE journalists

Case Briefs High Courts

Telangana HC quashes directions compelling minority schools to provide free education to journalists’ children

The Court held that educational authorities lacked statutory authority to direct minority educational institutions to provide free education to children of journalists by invoking the Right of Children to Free and Compulsory Education Act, 2009, reiterating that the Act is inapplicable to minority institutions protected under Article 30(1) of the Constitution.

Case Briefs High Courts

Allahabad HC slams NHAI for arbitrary contract termination of Tata for highway construction, directs joint review of project site and expeditious project completion

The Court remarked that it was one of those cases where the authority instead of carrying out its own obligations, kept on tightening the screw upon the contractor to finish the work within the extended timeline.

Tax proceedings against non-existent amalgamated company

Case Briefs High Courts

Bombay HC Quashes Tax Recovery Action Against Company That Ceased to Exist 8 Years Before the Demand Notice

Bombay High Court held that notices and proceedings initiated against an entity that has ceased to exist are void and without jurisdiction, setting aside the assessment, show cause, and attachment notices issued to the amalgamating company, while allowing fresh proceedings against the surviving entity in accordance with law.

Case Briefs High Courts

Opposing Government Policies Doesn’t Justify Externment: Bombay HC Sets Aside Police Action, Safeguards Fundamental Rights

The Court held that the externment orders were unsustainable, as FIRs for agitations without police permission could not justify such action, which infringed upon the petitioner’s fundamental rights of free speech, expression, and dignity.

Case Briefs High Courts

Prima Facie Case and Gravity of 2008 Delhi Bomb Blasts Outweigh 17-Year Incarceration; Delhi HC Rejects Mansoor Asghar Peerbhoy’s Bail Under UAPA

The Court held that bail considerations must balance the accused’s right to personal liberty with the right to life and safety of the public, particularly where the accused is alleged to have played a central role in a heinous terrorist conspiracy.

minor pregnancy termination court permission

Case Briefs High Courts

Termination of pregnancy cases are urgent. Why is time being wasted in taking permissions from Courts?: MP HC allows 10-week pregnant minor rape victim’s plea

The Court remarked that it was repeatedly coming across such matters where, instead of proceeding with the termination of pregnancy, the authorities were shifting their burden to one another, leading to matters travelling up to the Courts seeking permission to carry out the procedure.

Case Briefs High Courts

Parties Agree to Start Again: Manipur HC Sets Aside Arbitral Award by Consent, Appoints Former Chief Justice as New Arbitrator for Thoubal Project Dispute

The Manipur High Court disposed of an arbitration petition concerning the Thoubal Multipurpose Project Agreement by recording the parties’ consent to set aside an arbitral award and recommence arbitration. The Court appointed Justice D. Krishnakumar as the new sole arbitrator, directed de novo proceedings from the stage of framing issues using existing pleadings.

Case Briefs High Courts

Sale deed prior in time prevails under Section 48 TPA: Punjab & Haryana High Court dismisses appeal challenging declaration of title

“The Courts below have rightly invoked Section 48 TPA to hold that the transfer prior in time shall have an overriding effect over the transfer which is later in time.”

Delhi HC HMIS audit ICU bed availability

Case Briefs High Courts

70-Year-Old Turned Away from ICU Despite Portal Showing 2 Beds Available: Delhi HC Orders Surprise Audit of 38 Hospitals, Calls ₹15.42 Crore Idle Machine “Gross Waste”

Delhi High Court ordered a State-wide audit of HMIS implementation and ICU bed management systems in 38 Delhi Government hospitals after a patient was denied an ICU bed despite online availability.

Case Briefs High Courts

Seized Vehicle Worth ₹20 Lakh Released: MP HC Finds Prima Facie Case That Rule 18 MP Mineral Rules Exceeds Central Act’s Fine Limit

The Court granted interim relief to the petitioner by directing the respondents to release the vehicle seized by them in an illegal mining case against the petitioner as the seizure enabling Rules were challenged on the ground of being ultra vires to the Mines and Minerals (Development and Regulation) Act, 1957.

crypto dispute commercial matter not writ issue

Case Briefs High Courts

Crypto Exchange Fraud Is Not a Public Law Issue Just Because Many Investors Are Affected: Delhi HC Tells BitBNS Users Their Crypto Dispute Must Be Settled in Civil Court

Delhi High Court dismissed BitBNS users’ appeal, holding that disputes over withdrawal restrictions, alleged fund mismanagement, and compensation must be pursued through civil or consumer remedies rather than writ proceedings

Case Briefs High Courts

Delhi HC Denies Bail to Athar Khan in Delhi Riots Conspiracy Case; Holds He Cannot Claim Parity with Co-Accused Granted Bail by SC

Holding that Athar Khan’s role was prima facie distinguishable from co-accused granted bail by the Supreme Court, the Delhi High Court dismissed his second bail appeal in the 2020 Delhi riots conspiracy case under the UAPA.

Case Briefs High Courts

Valid Certificate of Vending Not a Licence to Sell Tobacco Near Schools: Delhi HC Protects Street Vendor’s Livelihood but Directs MCD to Find Alternate Vending Spot

The Court directed the MCD to ensure that the petitioner does not, in any manner, obstruct the ingress to or egress from the school by its students, parents or faculty and sell any tobacco products which could be harmful to the children.

Case Briefs High Courts

Multiple Tax Years Cannot be Clubbed in One GST Show-Cause Notice: Calcutta HC Quashes ₹10.97 Crore GST Notice Against SBI Covering Six Financial Years

The Court held that under Section 74, CGST Act, each financial year is a separate unit for tax determination, and limitation periods apply independently. It found that the respondent-GST Authorities acted illegally by issuing a consolidated notice and ignoring documentary evidence provided by State Bank of India (SBI). Consequently, the impugned show-cause notice and order were declared void and without jurisdiction.