suit proceeds de novo
Case BriefsHigh Courts

“Once it is concluded that the initial proceedings were held before a court that lacked jurisdiction, the written statement and other evidence that may have been led by the parties before the said court become non-est in the eyes of law.”

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Bar Association not State
Case BriefsHigh Courts

“Bar Association is a body of private individual lawyers and in normal discharge of its functions, it does not perform any function which can be said to be a public function”

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Major victim cannot be detained in protective home
Case BriefsHigh Courts

“Mere fact that the victim was alone, by itself, could not have been a justifiable ground to detain her in a protective home.”

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relief against IRCTC's termination of catering contract
Case BriefsHigh Courts

“There are multiple complaints of over-charging, service quality, hygiene, food quality, etc. against the appellant, which presents a troubling state of affairs as regards the on-board catering services being offered by the appellant on the subject train.”

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doctor's prosecution without obtaining competent medical opinion
Case BriefsHigh Courts

The Professor of Surgery who was supervising the treatment of the victim deposed in his sworn deposition that it was not a case of negligence on the part the doctor who had operated her.

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Somnath Bharti
Case BriefsHigh Courts

“If the ROPA itself mandates that non-joinder of a necessary party leads to dismissal of an election petition, the Court cannot use CPC provisions to cure that defect.”

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forcing arrestee to strip
Case BriefsHigh Courts

“The right to dignity does not evaporate upon arrest. Even a person accused of an offence continues to be clothed with basic human rights.”

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Suspension invalid if not reviewed within 90 days
Case BriefsHigh Courts

“As per Rule 10(7) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the order of suspension made or deemed to be made would not be valid after a period of 90 days unless it was extended after review for a further period of 90 days.”

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bodily freedom in married couples
Case BriefsHigh Courts

“Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act.”

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Flipkart patent
Case BriefsHigh Courts

“The entire case of Flipkart rested on the ground of lack of novelty and inventive features in the invention of the patentee.”

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Manish Sisodia
Case BriefsHigh Courts

“An election petition involves judicial interference with the electoral process and, consequently, with the mandate of the people. For this reason, the provisions of the Act must be construed strictly.”

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charges under SCST Act
Case BriefsHigh Courts

“Just because the witnesses’ statements do not disclose any overt act, that by itself would not be a ground to discharge the accused as law does not insist plenty of witnesses to prove an offence and the evidence of a solitary wholly reliable witness would suffice the purpose.”

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Single appeal maintainable
Case BriefsHigh Courts

“A prior purchaser not impleaded in a suit for specific performance cannot seek cancellation of the decree but is entitled to a declaration that such decree is not binding on him, along with the consequential relief of injunction.”

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Limitation Act computation in contractual termination
Case BriefsHigh Courts

“Whether the termination would take effect from a particular date has no nexus to the period provided for issuance of the notice.”

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Amit Malviya defamation case
Case BriefsHigh Courts

Amit Malviya had filed a criminal defamation complaint before the Patiala House Court against Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, regarding Facebook posts made by him.

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FIR Against husband family quashed
Case BriefsHigh Courts

“Minor skirmishes that happens in the family between the husband and the wife are projected to become a crime for offences punishable under Section 498A of the IPC or even under Section 504 IPC”

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Penetrative Sexual Assault under POCSO Act
Case BriefsHigh Courts

“The accused in this case was a doctor to whom the child was sent for medicine. The accused was in a position of authority and trust, and it was such a position that had been misused by him… In such circumstances, no leniency is called for.”

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Reinstatement does not preclude conducting enquiry
Case BriefsHigh Courts

“The nature of the misconduct proved against the petitioner, viewed in the context of the duties and responsibilities attached to the post held, cannot be said to be trivial or inconsequential.”

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Aaj Tak logo
Case BriefsHigh Courts

The plaintiffs submitted that they had been using their distinctive logo with the word AAJ TAK written in hindi in white color against a red background with a black outline since 1995 and it had acquired a secondary meaning.

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AI-generated submissions
Case BriefsHigh Courts

“If an AI tool is used in aid of research, it is welcome; however, there is great responsibility upon the party, even an advocate using such tools, to cross verify the references and make sure that the material generated by the computer is really relevant, genuine and in existence.”

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