High Courts Archives

CESTAT | Demand of reversal Cenvat Credit, Interest, and Imposition of penalty set aside; Tribunal allows appeal in matter of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rule 2001

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of Ramesh Nair (Judicial Member) and Raju (Technical Member) allowed an appeal

Case Briefs High Courts

All HC | “If a Judge makes a mistake, then from where will the general public get fair justice”; HC warns Judicial Magistrate to remain careful while passing Judicial Orders

Allahabad High Court: Manju Rani Chauhan, J., expressed that: “At the present time, only from the temple of justice like Courts, everyone

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Ker HC | There is no requirement that the proceeding in relation to which the offence has been committed shall be pending at the time of filing an application under S. 340 (1) of the Code; Petition allowed

Kerala High Court: R.Narayana Pisharadi J., while allowing the present petition clarified, “Though Section 340 of the Code is a generic section

Case Briefs High Courts

Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure

Telangana High Court: P. Naveen Rao J., while dismissing the present petition, reiterated that the scope of interference under Article 226 is

Case Briefs High Courts

Bombay HC on Media Reporting, Obligation of Investigators, Media Trial, Freedom of Press and the proverbial ‘Lakshman Rekha’ for Media Houses || Read this detailed report unravelling several significant aspects cropped in light of Sushant Singh Case

“Any report of the press/media, having the propensity of tilting the balance against fair and impartial “administration of justice”, could make a mockery of the justice delivery system rendering ‘truth’ a casualty. “

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Sikk HC | [O.VI R.17 CPC] Amendment can be allowed provided it does not prejudice the rights of the respondents to take up the grounds on waiver and acquiescence at the time of final hearing; HC reiterates

Sikkim High Court: Meenakshi Madan Rai, J., while allowing the application made for the amendment of pleadings, held “The proposed amendment, in

Case Briefs High Courts

P&H HC | Whatsapp messages do not have any evidentiary value in the absence of certificate under S. 65B of Evidence Act; HC states

Punjab and Haryana High Court: In an interesting case regarding regular bail, Jaishree Thakur, J., held that WhatsApp messages do not have

Case Briefs High Courts

All HC | ‘Home-buyers’ grievances to be disposed of positively within 3 months by reasoned and speaking order’: Court issued general mandamus to Authorities concerned

Allahabad High Court: The Division Bench of Pankaj Naqvi and Piyush Agrawal, JJ., issued a general mandamus to Competent Authorities under U.P. Apartment

Case Briefs High Courts

Ker HC | [Audi Alteram Partem] Court sets aside impugned order directing Drug Disposal Committee to consider the representation made by petitioner and pass fresh orders in accordance with law

Kerala High Court: B. Sudheendra Kumar J., allowing the present petition, held, “power conferred on the Drug Disposal Committee is not an

Case Briefs High Courts

[MV Act]Kar HC| When there is breach of policy condition and the policy is in force at the time of accident, “Pay and Recover” principle to be applied

Karnataka High Court: Ashok S. Kinagi J. allowed the appeal and applied the pay and recover principle fastening the liability on the

Case Briefs High Courts

HP HC | Court in exercise of its writ jurisdiction can interfere in the matters relating to election only if it subserves the progress of election and facilitates the completion thereof; petition dismissed

Himachal Pradesh High Court: Tarlok Singh Chauhan, J., while dismissing the present petition on lack of merits, said, “… election process has

Case Briefs High Courts

Del HC | Continuing embargo on spas, violative of their rights’: Court allows reopening of spas, wellness clinics, etc. albeit subject to conditions

Delhi High Court: Prathiba M. Singh, J., while considering the re-opening of spas in GNCTD expressed that: “While the spread of Covid-19

Case Briefs High Courts

MP HC | “State has shown, by its non-compliance to the orders passed by this Court that it is an institution that prefers to have powers without responsibility”; HC holds State responsible for it being flooded with petitions

Madhya Pradesh High Court: Atul Sreedharan, J., addressed the instant contempt petition. The Court while expressing concern over State inaction, stated, “The

Case Briefs High Courts

Tri HC | Default on the part of a Government department cannot be a reason to prevent an entity from seeking its entitlement; Petition allowed

Tripura High Court: A Division Bench of Akil Kureshi, CJ and S.G. Chattopadhyay J., while allowing the present petition, held, “One department

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Chh HC | The word “sufficient cause” under S. 5 of Limitation Act should adopt a liberal and justice-oriented construction to advance justice

Chhattisgarh High Court: Sanjay K Agrawal J., allowed the appeal and condoned the delay while setting aside the impugned order. The facts

Case Briefs High Courts

Pat HC | Usage of whitener in OMR sheet led to annulment of result by Controller of Examination: HC answer’s in affirmative

Patna High Court: The question before Prabhat Kumar Singh J., for contemplation, was “Whether the candidate has violated the instructions in the

Case Briefs High Courts

Utt HC | Cash can be deposited in lieu of surety bond as per S. 445 of CrPC for attainment of bail: Order of rejection duly quashed

Uttaranchal High Court: “Whether cash can be deposited in lieu of surety bond for bail” was the issue decided by Alok Kumar

Case Briefs High Courts

Del HC | “Order of Termination of Arbitration under S. 32(2)(c), A&C Act is not an award; challenge under S. 14(a) maintainable”: Read full Report

Delhi High Court: Vibhu Bakhru, J. held that an order of the arbitrators terminating the arbitral proceedings under Section 32(2)(c) of the

Case Briefs High Courts

Cal HC | Can a complaint under POSH Act be filed against person of same gender? Read HC’s full analysis

“[Sexual harassment] can be perpetrated by the members of any gender, even inter se.” Calcutta High Court: Sabyasachi Bhattacharyya, J. held that

Case Briefs High Courts

Madras HC | “Authorities need to be told that right to property has close nexus with right to life under Art. 21”: HC while issuing notice in acquisition matter pending from 16 yrs

Madras High Court: N. Seshasayee, J., said that if the allegations made in the present petition were true then it exposes the callousness

SCC Blog

High Courts

CESTAT | Demand of reversal Cenvat Credit, Interest, and Imposition of penalty set aside; Tribunal allows appeal in matter of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rule 2001

All HC | “If a Judge makes a mistake, then from where will the general public get fair justice”; HC warns Judicial Magistrate to remain careful while passing Judicial Orders

Ker HC | There is no requirement that the proceeding in relation to which the offence has been committed shall be pending at the time of filing an application under S. 340 (1) of the Code; Petition allowed

Telangana HC | [Interference under Art. 226] Writ Jurisdiction of the High Court cannot be invoked for registration of FIR in cases where an effective remedy lies under the Code of Criminal Procedure

Bombay HC on Media Reporting, Obligation of Investigators, Media Trial, Freedom of Press and the proverbial ‘Lakshman Rekha’ for Media Houses || Read this detailed report unravelling several significant aspects cropped in light of Sushant Singh Case

Sikk HC | [O.VI R.17 CPC] Amendment can be allowed provided it does not prejudice the rights of the respondents to take up the grounds on waiver and acquiescence at the time of final hearing; HC reiterates

P&H HC | Whatsapp messages do not have any evidentiary value in the absence of certificate under S. 65B of Evidence Act; HC states

All HC | ‘Home-buyers’ grievances to be disposed of positively within 3 months by reasoned and speaking order’: Court issued general mandamus to Authorities concerned

Ker HC | [Audi Alteram Partem] Court sets aside impugned order directing Drug Disposal Committee to consider the representation made by petitioner and pass fresh orders in accordance with law

[MV Act]Kar HC| When there is breach of policy condition and the policy is in force at the time of accident, “Pay and Recover” principle to be applied

HP HC | Court in exercise of its writ jurisdiction can interfere in the matters relating to election only if it subserves the progress of election and facilitates the completion thereof; petition dismissed

Del HC | Continuing embargo on spas, violative of their rights’: Court allows reopening of spas, wellness clinics, etc. albeit subject to conditions

MP HC | “State has shown, by its non-compliance to the orders passed by this Court that it is an institution that prefers to have powers without responsibility”; HC holds State responsible for it being flooded with petitions

Tri HC | Default on the part of a Government department cannot be a reason to prevent an entity from seeking its entitlement; Petition allowed

Chh HC | The word “sufficient cause” under S. 5 of Limitation Act should adopt a liberal and justice-oriented construction to advance justice

Pat HC | Usage of whitener in OMR sheet led to annulment of result by Controller of Examination: HC answer’s in affirmative

Utt HC | Cash can be deposited in lieu of surety bond as per S. 445 of CrPC for attainment of bail: Order of rejection duly quashed

Del HC | “Order of Termination of Arbitration under S. 32(2)(c), A&C Act is not an award; challenge under S. 14(a) maintainable”: Read full Report

Cal HC | Can a complaint under POSH Act be filed against person of same gender? Read HC’s full analysis

Madras HC | “Authorities need to be told that right to property has close nexus with right to life under Art. 21”: HC while issuing notice in acquisition matter pending from 16 yrs

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Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position

Consumer Protection Act, 2019: A Primer

NCDRC | “Discontinue unfair trade practice of arbitrarily imposing additional cost of carry bags at payment counter”: Read NCDRC’s full discussion on Consumer Rights in Big Bazaar matter

2020 Roundup: 11 Constitution bench judgments, 17 judges, Zero dissent

Supreme Court year-end roundup| From important judgments to unmissable facts and stories, here’s a comprehensive roundup of all that happened in 2020

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Gau HC | If a woman is divorced, will her status as a wife entitling her to maintenance under S. 125 CrPC change? Read HC’s position

Supreme Court year-end roundup| From important judgments to unmissable facts and stories, here’s a comprehensive roundup of all that happened in 2020

Know Thy Judge | Justice S. Abdul Nazeer

Bom HC | Can a transgender contest election from a seat reserved for women candidate? HC espouses transgender people’s “Right to Self-Perceived Gender Identity”

Call for Submissions| MNLU-A Comparative Law e-Newsletter [Volume-I, Issue-IV]

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