High Courts Archives

courts cannot interfere with government servant transfers

Government servants’ transfer lies exclusively with State Government; Courts to interfere when malice involved: Allahabad High Court

“The Courts cannot either issue direction to the State Government to transfer a particular government servant to a particular place nor it can interfere in the orders of transfer of the government servants.”

Case Briefs High Courts

Madras High Court bars internet service providers and cable operators from unauthorised streaming of “Happy Patel Khatarnak Jasoos”

“In matters of this nature, it is likely that irreparable injury would be caused unless ad interim relief is granted.”

Case Briefs High Courts

Delhi HC bars Civil Suit to stall IBC Section 7 Dispute as NCLT has Exclusive Jurisdiction; Imposes ₹2 Lakh Costs for “Luxury Litigation”

“In the considered opinion of the Court, it has now become necessary to come down heavily on luxury litigation and use costs as a means to filter out superfluous litigation.”

Case Briefs High Courts

Delhi HC closes contempt proceedings against Sub-Inspector for Arrest without Section 41-A CrPC notice; accepts unconditional apology

“In view of the fact that unconditional apology has been tendered by the Contemnor, which seems to be heartfelt, we accept the same and direct the closure of the proceedings.”

Case Briefs High Courts

Bombay High Court orders strict enforcement of nylon manja ban; grants Compensation of Rs 2 lakh to injured victims

“Merely prosecuting petty vendors or users does not discharge the State’s obligation, and what was conspicuously absent was any serious attempt to dismantle the illegal supply chain.”

Case Briefs High Courts

Allahabad High Court anguished over callous approach of Investigating Officer; denies anticipatory bail to alleged Kingpin of Rohingya Funding Syndicate

“The allegations are serious, credible evidence and materials are being collected by the investigating agency and there might be likelihood of custodial interrogation of the appellant.”

Case Briefs High Courts

Delhi HC stays execution of money decrees in Philips DVD Patent dispute

“The conjecture of number of replicated DVDs is without basis and entirely presumptuous. It is well settled that damages c =annot be fastened on a litigant on the basis of mere presumption.”

Case Briefs High Courts

Bombay HC imposes Rs 25, 000 deterrent fine for nylon manja use; fixes parental responsibility, sets up victim welfare fund

“It is the duty of the parents to make known to their child the consequences of his/her action and to make aware the child what is good and what is bad for him/her and others.”

Case Briefs High Courts

Brand Ambassador/Endorser’s liability under Consumer Protection Act: Kerala High Court absolves Actor Mohanlal from liability in Manappuram Finance consumer case

A brand ambassador/endorser cannot be proceeded against in consumer dispute proceedings for unfair trade practice or deficiency of service unless a direct link is established between the endorser and the transaction.

name change in marriage certificate after conversion

Case Briefs High Courts

Kerala HC permits name change in marriage certificate after woman’s religious conversion under Article 226

“Rule 13 of the Kerala Registration of Marriage (Common) Rules, 2008 restricts major changes in the marriage register, permitting only corrections of errors in form or substance or fraudulent or improper entries, subject to conditions in sub-rule (2).”

removing deceased tenant's name from Record of Rights

Case Briefs High Courts

Orissa High Court: Deceased tenant’s name cannot be removed from Record of Rights through Writ; Mutation proceedings essential

“The Court cannot pass a blanket order in a writ petition directing deletion of the name of a dead person, because some formalities as per law are required to be made before the Tahasildar through a Mutation Proceeding.”

Case Briefs High Courts

Chhattisgarh HC denies anticipatory bail to two men for staging demonstration, manhandling police inside Courtroom in Ashutosh Chaitanya Case

“The discretionary relief of anticipatory bail is not meant to shield persons who, prima facie, appear to have participated in acts undermining public order and the sanctity of judicial institutions.”

tenant cannot dispute landlord-tenant relationship by oral sale

Case Briefs High Courts

Tenant can’t dispute admitted tenant-landlord relationship by plea of oral sale; Delhi HC upholds eviction on Bona fide requirement

Landlord’s bona fide requirement for himself or for his dependent family members, founded on age, medical condition and need for financial independence of his children, constitutes a genuine and valid ground for eviction.

Section 9 Kerala Devaswom Recruitment Board Act

Case Briefs High Courts

Kerala HC strikes down S. 9 of Kerala Devaswom Recruitment Board Act; upholds Guruvayoor Devaswom’s statutory autonomy over appointments

“It is settled that a special law prevails over a general law, and a non obstante clause in a later enactment cannot obliterate the legislative intent of a prior special statute, particularly one governing a unique and constitutionally protected religious institution like the Guruvayoor Devaswom.”

Case Briefs High Courts

Delhi High Court takes Suo Motu Cognizance as Patients & Kin Brave Cold Outside Hospitals, Night Shelters Overflow

The Court said that “to our mind, this issue calls for urgent executive and/or judicial intervention.”

Case Briefs High Courts

“No such restriction placed on her”: Allahabad HC directs Trial Court to grant passport NOC to Sapna Choudhary

“The impugned order is premised on the foundation that restrictions were placed on the rights of Sapna to travel abroad, whereas no such restrictions appeared to be placed on her, even in the bail order.”

Case Briefs High Courts

Bombay High Court quashes arbitral award rendered in undue haste after four-year delay and absence of hearing

“The Arbitrator has clearly misconducted by citing the pretext of non-existent Covid-19 restrictions for his own inefficiency, but hurriedly making the award when lockdown restrictions actually existed.”

Case Briefs High Courts

Know why Delhi High Court rejected Virtual Service PE to Clifford Chance under DTAA

“The words ‘within a Contracting State’ in Article 5(6) mandate a physical footprint and cannot be expanded to include virtual service permanent establishments.”

Case Briefs High Courts

Restraining entry in discharge of duty not Wrongful Restraint or Outraging Modesty; Delhi High Court quashes FIR against Security Guard

The Petitioners being Security Guards, had the bounden duty to ensure that no unauthorised person enters the office premises… act of restraining the Complainant for entering the Office for which she had no right, cannot be termed as an act of wrongful restraint.”

Magistrate's power to discharge at Section 251 stage

Case Briefs High Courts

Magistrate can’t discharge accused at Section 251 CrPC stage in Summons Case after issuance of summons: Delhi High Court

“Magistrate erred in discharging the respondents of the offence under Section 452 of the Companies Act at the stage of consideration on the aspect of service of notice of accusation under Section 251 of the CrPC.”