High Courts Archives

Himachal Pradesh HC intervenes in dispute between State and OASYS Cybernetics; Appoints arbitrator on violation of S. 12(5) of A&C Act

The adjudication by an arbitrator should be such that neither of the parties would get even an iota of doubt with regard to impartiality of the arbitrator.

Case Briefs High Courts

Bombay HC declares Anchor Group of Company’s director, Hemang Jadavji Shah’s arrest as illegal and unnecessary; orders immediate release

The Court agreed with Hemang Jadavji Shah’s contention that the intention to keep him in custody was to recover the amount that was sought to be settled in the mediation between the petitioner and his family members.

Case Briefs High Courts

Delhi HC grants bail to film director falsely accused of rape; highlights trend of lodging false complaints of sexual offences

“Every false complaint of sexual offences not just causes immense damage to the person accused of the offence, but also creates cynicism and distrust across the society, which leads to even the genuine victims of sexual offences suffer, as society starts suspecting her truthful complaint also to be false.”

Case Briefs High Courts

Kerala HC awards Rs. 53 Lakhs to woman rendered disabled in 19-year-old childhood road accident case; says “human suffering can’t be measured in money”

“The appellant was a first standard student at the time of the accident. Due to the injuries sustained, she was unable to continue her education. As a result, she was deprived of the opportunity to experience the normal joys of childhood, adolescence, and youth. In fact, she remained confined to a small room, completely dependent on others, through no fault of her own.”

Case Briefs High Courts

‘Attempt to disrupt communal harmony and reinstate Mughal Order’; MP High Court denies bail under UAPA

“It is for the trial Court to decide it on the basis of the evidence as to what is the material available to prove or otherwise the charges which have been framed.”

Case Briefs High Courts

‘Elites look down upon those doing small business’; Punjab & Haryana HC rejects plea against street vendors in Manimajra markets, imposes Rs 50,000 cost

“We are a country that now has a homogenous class of Indians. A Tribal lady of a remote village can now be the President, and a worker from the grassroots level may reach up to the highest echelons of the administration.”

Case Briefs High Courts

Meghalaya HC allows law student to take final semester exam barred due to short attendance; Recognizes medical hardship as exceptional circumstance

Rule 12 of the Rules of Legal Education, 2008 is to be interpreted reasonably. When it is possible for the student to attend classes and he deliberately or negligently does not do so, the rule would apply. In case of impossibility created by illness, act of God etc., this rule is either not to be applied or to be liberally construed.

Case Briefs High Courts

Forced Unnatural Sex not punishable under S. 377 IPC, but attracts S. 498-A if coupled with cruelty/assault: MP High Court

Cruelty under Section 498-A IPC does not necessarily require proof of dowry demands; physical or mental cruelty alone is sufficient.

Case Briefs High Courts

Delhi High Court directs Centre and Delhi Govt to frame SOP for digital transparency in Labour Law Forums

PIL raised concerns about regular uploading, updating of the proceedings, information relating to video conferencing links, uploading of daily orders, cause lists, and information relating to the Presiding Officers of various forums under various labour laws who are on leave, on their respective official website or on the website of the government.

Case Briefs High Courts

Duration of confusion in customer’s mind not material, even momentary confusion sufficient to establish trade mark infringement: Delhi HC

“The fact that the customer may on a closer examination of products and enquiries find that the impugned trade marks are not associated with the appellant’s trade marks would not take away from the fact that the impugned marks bear a similarity with the appellants trade mark, which led to the confusion.”

Case Briefs High Courts

Operation Sindoor| Read why Bombay HC ordered release of student, who was taken into custody for her alleged Instagram post on India-Pakistan war

At the most, the petitioner’s act of sharing the post can be termed as an indiscretion by a young student still taking education, but still the Sinhagad Academy of Engineering rusticated her.

Case Briefs High Courts

[Online Trolling] Andhra Pradesh High Court directs State to identify and block swear, militant words on social media

“In the present day, vulgar, hate filled and abusive posts in social media have become the new age norm. The “trolls” as they are called, attract lightning responses all over and this is all the when the point of reference is a celebrity or a political leader of stature and the following.”

Case Briefs High Courts

Allahabad High Court expresses surprise at illegal constructions by Waqf Madarsa on NHAI land; Upholds demolition notices issued by NHAI

“It is a classic case where the land of NHAI has been encroached upon by the petitioner and Madarsa along with Masjid and certain other constructions have been raised and the property is being claimed to be a ‘waqf’.”

Case Briefs High Courts

‘Mere fact that contraband was found in transparent bag cannot alone be evidence of innocence or police malice’: Punjab & Haryana HC refuses bail to NDPS accused

“Both scenarios create a paradox as the petitioner knowingly carrying it or the police falsely planting it are equally vulnerable to speculative reasoning and seem unlikely as an accused carrying contraband openly in a transparent bag defies caution, whereas the police planting evidence in a transparent bag defies strategic thinking.”

Case Briefs High Courts

Chhattisgarh HC rejects SBI employee’s appeal against stoppage of his increment due to misbehavior and sexual harassment against staff and customers

“It has been reflected that the Disciplinary Authority as well as the Appellate Authority have recorded concurrent findings and found the allegations of misbehaviour with customers and staff and sexual harassment of women employees and valued customers proved against the appellant.”

Case Briefs High Courts

‘District Judge’s conduct to reject urgent hearing is unbecoming of any judge’; Bombay HC grants child’s interim custody to father to undergo open-heart surgery

The Court directed that the child will be in the father’s custody during hospitalization and the mother will get the child’s custody subject to further medical advice.

Case Briefs High Courts

‘Could not have departed from NCTE Notification’; Punjab and Haryana HC directs appointment of Junior Basic Teachers unjustly declared ineligible despite qualification

The Court held that what was essential was that a candidate must possess knowledge in Elementary Education, for which there were two qualifications, i.e., Diploma in Elementary Education (D. El. Ed.) or Bachelor in Elementary Education (‘B. El. Ed.’).

Case Briefs High Courts

Medical Termination of Pregnancy | MP High Court upholds minor sexual assault survivor’s right to continue Pregnancy; directs for comprehensive State support

“The right of personal liberty guaranteed under Article 21 of the Constitution of India has held that unmarried woman has right to decide in respect of the pregnancy.”

Case Briefs High Courts

‘Inquiry Committee appears to be hand in gloves with RDVV’; MP High Court orders SIT Probe into Sexual Harassment allegations against VC of RDVV

“The manner in which the investigation has been carried out carves out suspicion on the officials who have carried out the investigation.”

Case Briefs High Courts

Calcutta High Court slams Trial Judge for ‘wishful fiction’ in divorce case; husband wins divorce appeal on grounds of cruelty

Some of the words used by the Trial Judge are entirely ‘de hors’ the pleadings of both the parties and creates a ‘Deja vu’ in the mind of the court, since the Court have come across the same phrases in other matrimonial judgments as well, authored by the same Judge.