High Courts Archives

Kar HC | Court in exercise of its powers under S. 397 CrPC cannot re-appreciate evidence and arrive at a different conclusion, even if a different view is possible from the evidence; Petition dismissed

Karnataka High Court: John Michael Cunha J., while rejecting the present criminal revision petition, elaborated on scope and ambit of Section 397

Case Briefs High Courts

Kar HC | Whether the indefeasible right of an accused to seek compulsive bail under S. 167(2) CrPC is defeated by the unilateral extension of time by the Court; HC elaborates

Karnataka High Court: John Michael Cunha, J., while allowing the present application for bail under Section 439 Criminal Procedure Code, 1973 made

Case Briefs COVID 19 High Courts

[COVID-19] Cal HC | Durga Puja Pandals to be made no-entry zone for members of public

Calcutta High Court: A Division Bench of Arijit Banerjee and Sanjib Banerjee, JJ., while laying down directions with regard to the Durga Puja

Case Briefs High Courts

P&H HC | Pending application under Or. 6 R. 17 CPC ought to have been decided prior to the decision in the application under Or. 7 R. 11 CPC; Court allows revision petition

Punjab and Haryana High Court: In a revision petition challenging an order passed under Order 7 Rule 11 CPC; Raj Mohan Singh,

Case Briefs High Courts

“Block Twitter handle of defendant making derogatory posts against TV Today Network and its leading anchor” Del HC allows injunction sought by media conglomerate

Delhi High Court: Mukta Gupta, J., allowed the injunction application filed by the TV Today Network finding they have established prima facie case

Case Briefs High Courts

All HC | Principle contained in S. 141 of NI Act is not applicable to a sole-proprietary concern, firm need not be arraigned as an accused while making a claim for recovery under S. 138 of the NI Act

Allahabad High Court: While deciding a petition filed under Article 227 of the Constitution of India, Suresh Kumar Gupta, J., dismissed the

Case Briefs High Courts

Kar HC | Approval from the Medical Council for the purpose of practicing as a private medical practitioner cannot be withheld by the authorities on arbitrary grounds; Writ Petition Allowed

Karnataka High Court: R. Devdas, J., while allowing the present Writ Petition, directed the Medical Council to issue the No Objection Certificate

Case Briefs High Courts

Bom HC | Situations where principles of natural justice require an opportunity of hearing, would it mean a mandatory personal hearing? HC explains it’s position in light of SEBI Regulations

Bombay High Court: A Division bench of Nitin Jamdar and Milind Jadhav, JJ., observed that there is no duty on the SEBI Board

Case Briefs High Courts

HP HC | Can wife claim maintenance under S.12 of the Protection of Women from Domestic Violence Act, 2005 over ‘ancestral property’ of the husband? HC explains

Himachal Pradesh High Court: Jyotsna Rewal Dua J., disposed off the petition without any interference with impugned orders. The facts of the

Case Briefs High Courts

Utt HC | Supply of cement, steel and bricks etc. to the contractors by Government Department, for which cost is deducted from bills of contractors amounts to sale, thus taxable, Court allows revision petition

Uttaranchal High Court: A Division Judge Bench of K.M. Joseph and Sharad Kumar Sharma, JJ., had allowed a revision which was filed

Case Briefs High Courts

Kar HC | Whether an insufficiently stamped sale agreement, containing arbitration clause for appointment of sole arbitrator enforceable under S.11(6) of Arbitration and Conciliation Act, 1996; HC reiterates settled legal position on said premise

Karnataka High Court: S.R. Krishna Kumar, J., allowing the present petition for the appointment of a sole arbitrator under Section 11(6) of

Case Briefs High Courts

Guj HC | Reasons given by lower authorities sound enough to set aside removal of Sarpanch under S. 57(1) of Gujarat Panchayat Act; Court dismisses petition

Gujarat High Court: A.G. Uraizee, J., dismissed a petition which was filed aggrieved by the dismissal of Revision Application by the Secretary,

Case Briefs High Courts

Kar HC | Immediate termination, without any disciplinary enquiry by the department concerned runs contrary to the statutory principles of Service Law; Writ Petition allowed

Karnataka High Court: P.B. Bajanthri, while allowing the present writ petition against the termination of services without any disciplinary enquiry, reiterated the

Case Briefs High Courts

Del HC | Husband citizen and domicile of USA, Can he raise objections on divorce proceedings filed by wife in India? Court decrypts the law in light of catena of SC’s decisions

Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., while observing a matrimonial application, observed that, The plaint must

Case Briefs High Courts

Chh HC | Whether alienation of property by an alleged wife of a deceased is void? HC analyses position in light of ‘Customs’ under Hindu Marriage Act

Chhattisgarh High Court: Sanjay K. Agrawal, J., discusses the decision of trial Court and first Appellate Court with regard to alienation of the

Case Briefs High Courts

HP HC | Does S. 18/18 A of SC/ST Prevention of Atrocities Act, 1989 restricts an accused from surrendering before Court and praying for interim bail under S. 439 CrPC? HC gives a reasoned order

Himachal Pradesh High Court: Anoop Chitkara J., delivered a well-reasoned order and held that the practice of the accused surrendering and getting

Case Briefs High Courts

Guj HC | Respondent entitled to gratuity under S. 2(e) of Payment of Gratuity (Amendment) Act, 2009; Court dismisses appeal while reproducing observations of Single Judge

Gujarat High Court: The Division Bench of Vikram Nath, CJ and Ashutosh J. Shastri, J., dismissed a Letters Patent Appeal which was

Case Briefs High Courts

Ori HC | Are private banking companies discharging banking services amenable to writ jurisdiction? HC analyses

Orissa High Court: Biswajit Mohanty J., dismissed the petition being non-maintainable. The facts of the case are such that the petitioner took

Case Briefs High Courts

Del HC | Merely because triple talaq has been declared to be void and illegal, it does not mean that legislature could not have made continuation of such practice an offence

Delhi High Court: A Division Bench of Vipin Sanghi and Rajnish Bhatnagar, JJ., in regard to Triple Talaq observed that, Prima facie it

Case Briefs High Courts

P&H HC | A co-sharer in a property can seek a permanent injunction against other co-sharers if the value or utility of property is diminished; Court directs parties to maintain status quo

Punjab & Haryana High Court: While deciding an appeal filed by the petitioner against the order passed by the Additional District Judge,

SCC Blog

High Courts

Kar HC | Court in exercise of its powers under S. 397 CrPC cannot re-appreciate evidence and arrive at a different conclusion, even if a different view is possible from the evidence; Petition dismissed

Kar HC | Whether the indefeasible right of an accused to seek compulsive bail under S. 167(2) CrPC is defeated by the unilateral extension of time by the Court; HC elaborates

P&H HC | Pending application under Or. 6 R. 17 CPC ought to have been decided prior to the decision in the application under Or. 7 R. 11 CPC; Court allows revision petition

“Block Twitter handle of defendant making derogatory posts against TV Today Network and its leading anchor” Del HC allows injunction sought by media conglomerate

All HC | Principle contained in S. 141 of NI Act is not applicable to a sole-proprietary concern, firm need not be arraigned as an accused while making a claim for recovery under S. 138 of the NI Act

Kar HC | Approval from the Medical Council for the purpose of practicing as a private medical practitioner cannot be withheld by the authorities on arbitrary grounds; Writ Petition Allowed

Bom HC | Situations where principles of natural justice require an opportunity of hearing, would it mean a mandatory personal hearing? HC explains it’s position in light of SEBI Regulations

HP HC | Can wife claim maintenance under S.12 of the Protection of Women from Domestic Violence Act, 2005 over ‘ancestral property’ of the husband? HC explains

Utt HC | Supply of cement, steel and bricks etc. to the contractors by Government Department, for which cost is deducted from bills of contractors amounts to sale, thus taxable, Court allows revision petition

Kar HC | Whether an insufficiently stamped sale agreement, containing arbitration clause for appointment of sole arbitrator enforceable under S.11(6) of Arbitration and Conciliation Act, 1996; HC reiterates settled legal position on said premise

Guj HC | Reasons given by lower authorities sound enough to set aside removal of Sarpanch under S. 57(1) of Gujarat Panchayat Act; Court dismisses petition

Kar HC | Immediate termination, without any disciplinary enquiry by the department concerned runs contrary to the statutory principles of Service Law; Writ Petition allowed

Del HC | Husband citizen and domicile of USA, Can he raise objections on divorce proceedings filed by wife in India? Court decrypts the law in light of catena of SC’s decisions

Chh HC | Whether alienation of property by an alleged wife of a deceased is void? HC analyses position in light of ‘Customs’ under Hindu Marriage Act

HP HC | Does S. 18/18 A of SC/ST Prevention of Atrocities Act, 1989 restricts an accused from surrendering before Court and praying for interim bail under S. 439 CrPC? HC gives a reasoned order

Guj HC | Respondent entitled to gratuity under S. 2(e) of Payment of Gratuity (Amendment) Act, 2009; Court dismisses appeal while reproducing observations of Single Judge

Ori HC | Are private banking companies discharging banking services amenable to writ jurisdiction? HC analyses

Del HC | Merely because triple talaq has been declared to be void and illegal, it does not mean that legislature could not have made continuation of such practice an offence

P&H HC | A co-sharer in a property can seek a permanent injunction against other co-sharers if the value or utility of property is diminished; Court directs parties to maintain status quo

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All HC | Offences under Ss. 498-A IPC and 3/4 of Dowry Prohibition Act compounded in light of settlement between parties

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BCI | “Last & Final Opportunity”; Details of Practicing Advocates to be supplied as per requirement of SC’s e-Committee by 15th November

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Search & Seizure action carried out by Income tax Department in a case of a leading Advocate

NCDRC | Are flat buyers entitled to compensation for not being provided “extra facilities on extra sum”? Commission explains

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