High Courts Archives

Uttaranchal HC directs Labour Commissioner to inspect all brick kilns to ensure minimum wages are being paid to workers

The Court directed the Labour Commissioner to ensure that the provisions of all Labour Welfare Legislations are also being complied with in respect of Brick Kiln workers.

Case Briefs High Courts

Delhi High Court remands patent application for Bifidobacterium longum for fresh consideration, due to insufficient examination of Novelty

Key issues under scrutiny include whether the properties attributed to this formulation of specific strain of Bifidobacterium longum are sufficiently distinct from prior art to merit patent protection and whether the claimed synergistic effects of the formulation demonstrate a significant technical advancement.

Case Briefs High Courts

‘Indulged into activity of inciting like-minded people to join them’; Bombay HC dismisses bail plea of three PFI members alleged to have conspired to transform India into an Islamic State

The Court noted that the appellants had participated in spreading hatred against the State and in spreading anti-national agenda through various means of propaganda including use of electronic media by creating WhatsApp groups and circulating messages detrimental to the interest of the nation.

Case Briefs High Courts

Delhi High Court rejects ISIS convict’s plea for concurrent sentencing based on principle of same transaction and totality of sentence

The Delhi High Court said that the impact of terrorist activities on society is profound and far-reaching, as these crimes can sow fear and insecurity among communities, as well as disrupt social harmony.

Case Briefs High Courts

Gujarat HC denies bail to Space Applications Centre’s employee accused of sharing sensitive information with woman in Pakistan

“Files / images which were forwarded by the applicant to a lady, who was stationed in Pakistan, were related to the Space Applications Centre, ISRO, Ahmedabad and these images were taken by the applicant without any authorization.”

Case Briefs High Courts

Preventive detention is justified only when an individual’s actions have potential to affect Public Order: Telangana High Court

There is a distinction between “Law and Order” and “Public Order”, i.e., offences that target specific individuals fall under the category of “Law and Order” and it is only when the criminal activities of an individual adversely affect the public at large that their conduct is deemed to disturb “Public Order”.

Case Briefs High Courts

Madras HC directs Senior Advocates to pay their Juniors monthly stipend of Rs. 15000 to Rs 20,000

“Why should our future Lawyers be made to undergo the same difficulties we encountered? Why can’t we come together to provide them with a safe and robust ecosystem? This should be the vision we must create for ourselves in today’s time and age”

Case Briefs High Courts

Gujarat HC stays release of the movie ‘Maharaj’ on Netflix, featuring Amir Khan’s son, Junaid Khan

The film is based on the Maharaj Libel Case of 1862 rendered by English Judges and allegedly contains scandalous and defamatory language, which affects the Pustimargi sect as a whole.

Case Briefs High Courts

Non-Disclosure of petition cannot be termed as egregious fraud: Delhi High Court sets aside Commercial Court order for lack of merit-based analysis

The non-disclosure of the petition under Section 9 of the A&C Act in another matter cannot be termed as a case of egregious fraud, which would disentitle the appellant from pursuing its petition under Section 9 of the A&C Act

Case Briefs High Courts

‘Principal Auditor General shall decide Audit Objections expeditiously’; Gauhati HC disposes of PIL against officials allegedly involved in misappropriation of funds under Assam Sarba Siksha Abhiyan Mission

Out of the 43 Audit Objections, 23 Audit Objections have already been dropped after getting satisfactory clarification/reply from the authority concerned and the rest are soon to be dealt with.

Case Briefs High Courts

‘Cries of deceased child’s family can’t be ignored’; MP High Court affirms denial of bail to juvenile in kidnapping and murder case

“A striking balance is necessary while considering the matter of bail of a juvenile from the angle of best interest of the child, demands of justice to the victim and the concern of the society at large.”

Case Briefs High Courts

Can arbitration proceedings act as a bar for proceedings under Section 7 of the IBC? Delhi HC answers

“Section 7 of the Insolvency and Bankruptcy Code, 2016 states a financial creditor, either by itself or jointly, with other financial creditors, or any other person on behalf of the financial creditor, may file an application for initiating corporate insolvency resolution process against a corporate debtor before the Adjudicating Authority when a default has occurred.”

Case Briefs High Courts

Punjab & Haryana HC impose Rs. 50k cost on Haryana Govt; highlights routine practice of not releasing payment due to contractors

The Court expressed its anguish and concern towards the act and conduct of the respondents in unreasonably withholding the legitimate and admissible dues of the contractors.

Case Briefs High Courts

‘Attending police station merely for evidence seems implausible’; AP HC sets aside order cancelling bail after photos showing accused visiting police station

The Court stated that when considering the material produced, it appears improbable that the accused persons’ visit to the police station was solely to fabricate evidence.

Case Briefs High Courts

Parental love or concern cannot interfere with an individual’s right to choose whom they wish to marry: Kerala HC

Kerala High Court noted that the woman is well-employed at NATPAC, Thiruvananthapuram, and is about 27 years old

Case Briefs High Courts

Delhi High Court upholds refusal of patent for Portable Vehicle Management System due to lack of novelty

Based on the detailed comparison and the combined teachings along with examples of common general knowledge, it is established that the claimed invention lacks an inventive step. The features of portability, comprehensive monitoring, and anomaly detection are either disclosed in or can be inferred from the prior arts.

Case Briefs High Courts

[Comprehensive Policy or Act Policy] | “No premium was paid to cover a gratuitous passenger”; Sikkim HC upholds compensation granted by MACT as per an Act Policy

The Court referred to National Insurance Co. Ltd v. Balakrishnan, wherein the Supreme Court had distinguished between a Comprehensive/Package Policy and Act Policy by stating that an Act Policy cannot cover a third-party risk of an occupant in a car, but a Comprehensive/Package Policy would cover such risk.

Case Briefs High Courts

‘Right of dead to receive decent, respectful last rites’; Bombay HC orders Commissioner, Municipal Corpn. to issue directions to find plots of land to be used as burial grounds

For the Municipal Corporation, providing adequate place for burial of the dead is their statutory duty and obligation, thus, the authorities cannot shirk their shoulders away from such statutory responsibility.

Case Briefs High Courts

[Assam Victim Compensation Scheme] Gauhati HC directs Chief Secretary of Assam to file affidavit stating the reason for not making required amount available for disbursement of compensation

On the demand of around Rs. 44 Crores, only Rs. 9 Crores was provided to Assam State Legal Services Authority by the Finance Department and the Law Department of the State, for providing compensation to the victims.

Case Briefs High Courts

‘Dishonour of invalid cheque cannot attract liability u/s 138 of NI Act’; Allahabad HC holds Allahabad Bank cheques to be invalid post 30-09-2021

“From the perusal of Section 138 N.I. Act, it is clear that if any invalid cheque is presented before the Bank and the same was dishonoured, then no liability under Section 138 of NI Act would be attracted, and the cheque of Allahabad Bank is invalid after 30-09-2021 after merging the Allahabad Bank into the Indian Bank on 01-04-2020.”