High Courts

injunction under Arbitration act to restrain board meeting
Case BriefsHigh Courts

The remedy under Section 9 is equitable, discretionary in nature and primarily exercised to preserve subject matter of arbitration or to prevent frustration of arbitral proceedings. Such power must be exercised cautiously, particularly where interim relief sought effectively amounts to grant of final relief or impinges upon statutory powers conferred under Companies Act, 2013.

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Mumbai metro mangrove clearance
Case BriefsHigh Courts

The petitioner sought Court’s permission for the construction of a depot at Kasheli for Mumbai Metro Line 5 along with Extra High Voltage towers and transmission lines for power supply which involved cutting mangroves and mangrove buffer zones.

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sexual assault case against Woman
Case BriefsHigh Courts

The submission that in a sexual intercourse the male is ever an active agent, and the woman forever is a passive recipient is archaic notion which finds no foothold in the present day.

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Right of child to know parentage
Case BriefsHigh Courts

“The evidence is to be led by both the sides, but the question arises, when the paternity can be affixed by surer test, then why decision based on legal presumption or gathering of inference, on the basis of the evidence or any gap, on account of misjudgment, be left.”

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BIT MSERA dalit student death case
Case BriefsHigh Courts

The College Administration has taken a very casual approach and has not paid any heed to the physical conditions and injuries sustained by the deceased-student. Had they treated him at the earliest by admitting him to a good, reputable hospital either in RIMS, Ranchi or at any private Hospital in Ranchi, his life could have been saved.

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Chhattisgarh City Buses ceasing operation
Case BriefsHigh Courts

“This is the situation when 20 days ago, the Secretary-cum-Transport Commissioner had given an affidavit saying that the insurance, fitness, and tax of 6 out of 9 city buses had been deposited, five were currently running on the roads, and one more will start soon.”

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reservation in Goa Medical Colleges
Case BriefsHigh Courts

“Providing a specific reservation in form of 3% seats is totally unacceptable as it is not provided by the law, as contemplated under Article 15(5) and introducing the reservation for this category which creates sub-classification, which has no nexus with the object of offering medical education but on merit is violative of Article 14 of the Constitution.”

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verification reports of candidates' asset disclosure
Case BriefsHigh Courts

“Prima facie, the ECI appears to be the statutory body which should put the verification report as received from the CBDT in the public domain, especially as the correspondence has taken place between the two authorities in this regard.”

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Hero Motocorp Trade mark infringement suit
Case BriefsHigh Courts

A prima facie case has been made out by Hero Motocorp for grant of an ex-parte ad-interim injunction. The balance of convenience is also in favour of Hero Motocorp and against the defendants.

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doctor's negligence directly causes death
Case BriefsHigh Courts

“While negligence was an omission to do something which a reasonable man would do, or the doing of something which a prudent and reasonable man would not do, medical negligence occurred when a healthcare professional breached his duty of care, causing harm to a patient.”

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retrial in Defacement of Property Act 2007
Case BriefsHigh Courts

In regard to the maintainability of the appeal, the Court observed that Section 376 CrPC provides that no appeal lies in petty cases, that is, where the sentence passed is for imprisonment for a term not exceeding 3 months or a fine not exceeding Rs 200 or both, then no appeal is maintainable.

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S. 50 CrPC non-compliance arrest illegal
Case BriefsHigh Courts

The police under oath stated that the petitioner was informed the reasons of arrest by giving it in writing on a sheet of paper, but the fact that no such sheet of paper was ever served to the petitioner, and a completely false statement was made by the authorities, shocked the conscience of the Court.

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Nirmithi Kendra
Case BriefsHigh Courts

“A perusal of Section 2(h) of the RTI Act, would indicate that it is not only funding, but also control, which would have to be considered to determine whether it is a public authority or not.”

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Rs 500 crore crypto fraud
Case BriefsHigh Courts

“While entertaining subsequent bail applications, the Court must consider that there was a change in the fact, situation or in law which required the earlier view being interfered with or where the earlier finding had become obsolete.”

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First-gen lawyers overlooked in State representation
Case BriefsHigh Courts

“A good number of such first-generation lawyers are very competent, possess unimpeachable integrity, and are industrious by disposition. They rarely get a chance when appointments of State counsels or counsels for the Corporations are made as they are not able to curry any influence with powers that be.”

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Pending investigation no ground to deny bail
Case BriefsHigh Courts

The involvement of criminal justice system in cases pertaining to CGST Act begins at the stage of arrest and ends when bail is secured. Allowing such tendencies to go unchecked will raise serious doubts about efficacy of investigation, which naturally weakens the faith of the public in justice dispensation mechanism.

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exhibiting knife sufficient for robbery conviction
Case BriefsHigh Courts

In the present case, the appellant took out a sharp-edged weapon i.e. knife and pointing the same at the complainant, asked him to handover whatever he was carrying and threating to kill him in case he didn’t comply. The knife, was not used to actually hurt the complainant.

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NCLT to appoint recommended IRP
Case BriefsHigh Courts

“In regard to an application under Sections 7 or under 10 of the IB Code, the professional recommended by the applicant must mandatorily be appointed as IRP, the only caveat being that no disciplinary proceedings should be pending as against him, leaving no elbowroom to the NCLT to take a different view.”

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2017 kharif crop damage case
Case BriefsHigh Courts

In July 2017, on account of uncontrolled floods in the State of Gujarat, crops of the farmers were completely destroyed. These farmers are registered under the Pradhan Mantri Fasal Bima Yojana (PMFBY) and were entitled to compensation but payments have not yet been made to them.

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loan for non-business purpose deemed dividend
Case BriefsHigh Courts

Mere maintenance of running account by the appellant with GPIL, having continuous business transactions with them or mere repayment of advance within same financial year cannot be the reasons to admit that the amount of advance is actually utilized for execution of business transaction.

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