High Courts Archives

Delhi High Court directs advocate to render pro bono legal services for his misbehaviour and unnecessary aggressive behaviour in courtroom

There can be no doubt unnecessary aggression and raising of voice in Court which demonstrates disrespect cannot be tolerated. Lawyers are ought to maintain decorum in the court room.

Case Briefs High Courts

Misuse of Advocate-Client Relationship | MP High Court refuses to quash FIR in Rape allegations against Advocate

“Statement of prosecutrix recorded under Section 164 of CrPC cannot be given preference over the FIR and the statement recorded under Section 161 of CrPC.”

Case Briefs High Courts

Pleadings in a suit are not a ‘document’ or ‘Instrument’; Cannot be registered by authorities or entered in the encumbrance certificate: Madras HC

“Pleadings by themselves do not meet the requirements under Section 17 or Section 18 of the Registration Act, 1908 for registration, nor do they satisfy the definition of an “instrument” under Section 2(14) of the Stamp Act, 1899.”

Case Briefs High Courts

‘Luxury litigation pursued by SBI’; Delhi High Court dismisses SBI plea against adverse remarks by Magistrate citing delay and laches

The grievance of the petitioner Bank is that notwithstanding the favourable order dated 29-06-2022, the adverse remarks recorded in the order dated 04-06-2022 continue to cause irreparable harm to the petitioner Bank’s reputation and interests.

Case Briefs High Courts

‘No deceptive similarity to each other’; Delhi High Court upholds bona fide use of surname ‘JANGID’ as trademark

The plaintiff uses the mark ‘JANGEER’, whereas the mark of the defendant includes an ‘I’ in place of ‘EE’ and ‘D’ in place of ‘R’ i.e., ‘JANGID’. Apart from the difference in the spellings of the marks of the plaintiff and the defendant, the manner and style of writing is also completely different. The added features in the defendant’s mark make it quite distinct from the plaintiff’s mark.

Case Briefs High Courts

Exemption from Efficiency Test for promotion is a one-time exception, not a matter of Right: Rajasthan High Court

“A government employee cannot claim promotion as a matter of right and he can only be considered for promotion according to the extant Rules.”

Case Briefs High Courts

No unqualified right for the complainant to be heard at every stage of bail proceedings under JJ Act, 2015: Delhi High Court

The Court observed that the involvement of the complainant remains a matter of judicial discretion rather than an enforceable entitlement, and the fundamental principle of juvenile justice i.e., ‘rehabilitation over retribution’ must remain paramount in any such determination.

Case Briefs High Courts

Rajasthan High Court admits plea challenging installation of retail fuel outlet near 11,000 KV High-Tension Line

“The Court granted liberty to respondent, HPCL, to invite respondent to establish the retail outlet at an alternative location pursuant to the Letter of Intent (LOI) issued to him.”

Case Briefs High Courts

Section 25(2) of HMA | Court can modify and grant maintenance exceeding the claimed amount upon proof of material change in circumstances: Orissa High Court

“The judicial discretion must be exercised to provide a fair and just maintenance amount, considering the dependent’s actual needs and the payer’s financial capability, even if the claim was initially understated.”

Case Briefs High Courts

Madras High Court allows CMRL to acquire land near two Hindu temples for metro station construction

“Almighty would undoubtedly shower his kindness and benevolence for the development of a metro rail station, which will benefit lakhs of people from all segments of society, some of whom may well be devotees, who visit the temple.”

Case Briefs High Courts

‘Every action disliked by a class may not lead to outrage of religious sentiments’; Bombay HC quashes case against Kailash Kher for hurting religious feelings in Lord Shiva song

“Every action that might be disliked by a class of people may not necessarily lead to the outraging of religious sentiments because an act without the intention to outrage religious feelings would not be covered under Section 295A.”

Case Briefs High Courts

Allahabad HC warns of ‘heavy penalty’ on State for unauthorised land utilisation without due acquisition process; Orders compensation for landowner

“Right to Property is protected under Article 300A of the Constitution of India, which ensures that no person can be deprived of their property without due process of law. It emphasized that land cannot be acquired without payment of due compensation, as mandated by law.”

Case Briefs High Courts

MP High Court strikes down notification exempting 62 Species of ‘Forest Produce’ from Transit Rules

“Right to life is deeply entrenched in the protection and conservation of environment, forests, and all the natural resources of the State, as a facet of Article 21 read with 48-A of the Constitution of India.”

Case Briefs High Courts

Delhi High Court awards ₹3.34 cr damages against Medserve for selling counterfeit Johnson & Johnson surgical products

“By selling counterfeit medical products, the defendants have not only inflicted substantial financial loss upon the plaintiff but have also misled the consumers who purchased these products under the false belief that they were genuine. Given the gravity of the infringement and the extent of harm caused, compensatory damages alone would be inadequate to compensate the plaintiff.”

Case Briefs High Courts

‘Well qualified husband who quits job to avoid paying maintenance to wife cannot be appreciated in civilised society’: Orissa HC upholds interim maintenance to wife

“Remaining unemployed is one thing and sitting idle having qualification and prospect to earn is another thing and if a husband being well qualified sufficient enough to earn sits idle only to shift the burden on the wife should not only be deprecated, but also be discouraged.”

Case Briefs High Courts

‘Will facilitate receipt of legal tender’; Bombay HC directs RBI to accept demonetized bank notes worth Rs 20 lakhs seized before deposit deadline

The Income Tax Department stated that it did not intend to seize the bank notes pursuant to which the police authorities returned the same to the petitioners on 14-1-2017.

Case Briefs High Courts

Section 4 RTI Act | Gauhati HC directs State to complete enrollment of Public Information Officers and other Departments on RTI portals

In 2023, the Supreme Court issued directions for all High Courts to facilitate the supply of information through online web portals and for all incidental purposes connected with the implementation of the Right to Information Act, 2005.

Case Briefs High Courts

‘Suicide note did not reveal any serious fight in recent past’; Punjab and Haryana HC grants anticipatory bail to wife accused of abetting husband’s suicide

The Court stated that the Trial Court would examine whether the deceased took a drastic step of ending his life due to the regular and constant instigation of the accused or due to the weakness of his mental health.

Case Briefs High Courts

“No ‘conscious possession’ of ammunition”: Delhi High Court quashes FIR against pilot trainee but imposes cost for lack of vigilance

The petitioner contended that he was undergoing training in South Africa to become a commercial pilot and was sharing a dormitory with other students who frequently borrowed his baggage for trips to shooting ranges for target practice.

Case Briefs High Courts

Rajasthan High Court issues direction for Aviation Infrastructure Development in Jodhpur

“Despite being a historically significant city and a tourist destination, Jodhpur airport remains limited in capacity, with fewer direct flights to and from the major cities. This lack of efficient air travel options makes it less accessible as compared to other major cities of the country, limiting business as well as tourism potential.”