High Courts Archives

Bar Association not ’employer’ under POSH Act: Kerala HC sets aside Internal Complaint Committee’s report on alleged harassment

“The term ‘employer’ means someone who exercises control over a workplace in the context of an employment relationship and discharges contractual obligations towards employees.”

Case Briefs High Courts

Criminal Antecedents Have Societal Impact, Cannot Be Brushed Aside; Orissa HC Denies Bail in Extortion-Arms Act case

“The criminal antecedents of an accused cannot be brushed lightly as it has got definite impact on the society.”

public prosecutor cannot seek police remand

Case Briefs High Courts

Public Prosecutor has no independent authority to seek police remand in absence of investigative agency’s request: J&K and Ladakh HC

“While the co-accused were acquitted on 19-8-2013, the absconders surrendered on 25-1-2014 and were subsequently formally charged. Since the co-accused were acquitted, the impugned order merged into the final judgment, and the revision petition was rendered infructuous.”

claim to be made and petition under Section 11 Arbitration Act

Case Briefs High Courts

Arbitration and Conciliation Act, 1996 | Time-Barred Claim ≠ Time-Barred Section 11 Petition: Punjab and Haryana High Court appoints Second Arbitrator

“The issue with regard to the time barred claim is not to be gone into at the reference stage under Section 11 of the Arbitration and Conciliation Act, 1996 but can be seen only by the Arbitrator/Arbitration Tribunal at the relevant stage.”

Case Briefs High Courts

‘Continuation of these futile litigations adding to judiciary’s burden’; Allahabad HC quashes cases against two men involved in 1991 UP Vidhan Sabha Ruckus Case

“It is expected that the committee constituted by the State would come up with effective solution to weed out the futile litigations pending across the State so that the efficiency with which the judiciary should function is restored and the deadwood is chiselled off from the overgrowing dockets of the District Courts.”

Case Briefs High Courts

Delhi HC denies bail to habitual offender accused of metro power cable theft and endangering public safety

“The offence alleged to have been committed by the applicant herein has multifarious effects on the Society at large, more so, since the applicant has put the life and limb of one and all in utter danger.”

illegal streaming of ICC cricket matches

Case Briefs High Courts

Delhi High Court restrains illegal streaming of ICC cricket events; grants ex parte interim relief to JioStar India

Delay in blocking access to rogue platforms would result in irreparable breach of JioStar India’s exclusive broadcast rights and revenue loss.

Case Briefs High Courts

Delhi High Court: Registry cannot refuse to accept execution petitions below Rs. 2 crores; Access to Court cannot be curtailed by administrative order

“There can never be any threshold bar to a party filing a matter before the Registry of a Court.”

Case Briefs High Courts

Recognising Indian Pickleball Association as National Sports Federation is policy decision; Delhi HC refuses to reassess comparative merits of rival bodies

“The Sports Code is policy-driven and cannot be applied mechanically. The adoption of a “one size fits all” approach would be an anathema to the objective and purport of the Sports Code, particularly in the context of nascent and emerging sports”.

Orissa High Court expunges affidavit against Advocate General

Case Briefs High Courts

“Purity is the hallmark of justice”: Orissa High Court expunges DSP’s affidavit against Advocate General, restrains media

“The trust of the people upon this institution should not be believed by encouraging wild litigants to make scurrilous remarks against constitutional functionaries in defiance of the Courts’ orders.”

storing medicines not manufacturing process

Case Briefs High Courts

Storing medicines in refrigerator is not ‘manufacturing process’ under Factories Act: Bombay HC

“The act of preserving or storing is preceded by ‘process for’ preserving or storing any articles in cold storage and it is the process for preserving or storing which amounts to manufacturing process and not the mere act of preserving or storing.”

Case Briefs High Courts

Jharkhand HC Orders FIR in Alleged HIV-Infected Blood Transfusion to Minor Thalassemia Patients; Reaffirms Police Duty to Register FIR

“There cannot be any cavil with the legal proposition that the police is under the statutory duty to lodge FIR when the complaint discloses a cognizable offence.”

Case Briefs High Courts

Delhi HC lays down guidelines for enforcement of judicial orders after 13-year delay in securing convict’s custody

“The extraordinary delay of 13 years indicates the deficiencies in the post-conviction/bail follow up and lack of coordination amongst the Trial Court, Jail Administration and the Police. It portrays a serious systemic failure in ensuring enforcement of judicial orders. Such like episodes corrode the credibility of the Criminal Justice System.”

Case Briefs High Courts

Allahabad High Court: Blanket ban on caste rallies cannot be judicially imposed, remedy lies in proper enforcement of existing law

“Provision for banning of caste based political rallies and preventing them is very much in place, whether it be during the election process or not. The only thing which remains is the will to implement the provisions effectively without any bias or favour.”

Case Briefs High Courts

Madhya Pradesh HC grants bail to Anwar Kadri in forced conversion case; Weekly Police Reporting Ordered

Considering his criminal antecedents, the Court directed Anwar Kadri to mark his presence before the police station concerned on every Sunday between 12:00 Noon and 04:00 PM till the conclusion of the trial.

Case Briefs High Courts

Allahabad HC pulls up advocate for calling rape victim a woman of “easy virtue”; says it violates dignity & privacy under Article 21

“Any attempt to portray a woman as being of “easy virtue” or to cast aspersions on her moral character is wholly irrelevant and expressly barred under Section 53A and the proviso to Section 146 of the Evidence Act, 1872.”

writ maintainability against private unaided school

Case Briefs High Courts

Teacher’s selection in private unaided school purely contractual matter; Not amenable to writ jurisdiction: J&K and Ladakh HC

“The rights arising in favour of candidates participating in the selection process are private rights, which cannot be enforced against an institution that is neither a State nor an instrumentality of the State by way of a writ petition.”

Case Briefs High Courts

Shocked and aghast! Allahabad HC registers PIL noting State inaction on 1.08 lakh missing persons cases filed since 2024

“The said data is shocking, and we are aghast at the attitude of the authorities in addressing the complaints pertaining to missing persons, which obviously requires a sense of urgency on the part of the authorities.”

court rejects plea for late document submission

Case Briefs High Courts

‘Discriminatory to candidates who complied with instructions’: Madhya Pradesh HC dismisses aspirants plea to accept late documents on medical grounds

Advertisement creates a statutory obligation on the candidates which are deemed to have been accepted in toto, the moment they participate in the selection process, and the Court cannot dilute these obligations by interpretation or by granting relief outside the scope of the provisions of recruitment.

Case Briefs High Courts

Orissa High Court upholds Two-child norm disqualification; rules protective proviso inapplicable to Panchayat membership termination

“The proviso was introduced by way of amendment effective from 18-04-1994, whereas the appellant’s third child was born on 11-03-1993 and the fourth on 06-11-1994, thus, the case is one of Textbook for attracting the disqualification clause, the protective proviso remaining miles away.”