High Courts Archives

‘Will cause interference in functions of elected body’; Allahabad HC stays order of Chairman, Bar Council of U.P. directing constitution of new Elders Committee

The impugned order dated 12-01-2025 was recalled with a direction to constitute a new Elders Committee and hold elections under the supervision of the Observers appointed by the Bar Council.

Case Briefs High Courts

Simply because application to refer parties to arbitration is rejected, right to file written statement cannot be forfeited on same date: Andhra Pradesh HC

The High Court held that the Trial Court ought to have passed separate order, in accordance with law, considering the provisions related to filing of the written statement and its forfeiture, also, keeping a view that the procedural law is handmaid of justice and the Court has the power to extend the time for filing of the written statement in the facts and circumstances of each and every case.

Case Briefs High Courts

Sarpanch resigning under Section 29 of Maharashtra Village Panchayats Act, 1959 entitled to withdraw the same during its verification in Panchayat meeting: Bombay HC

Once the resignation is withdrawn, there is nothing to be discussed in the Gram Panchayat meeting and the meeting qua the subject of resignation must be terminated immediately after desire for withdrawal for resignation is expressed.

Case Briefs High Courts

‘Distributor contractually obliged to maintain favourable reflection & protect goodwill’; Bombay HC injuncts distributor from damaging Wonderchef’s reputation

The Court granted injunction in favour of Wonderchef while bearing in mind that free speech cannot be lightly proscribed, and commercial speech formed a part of it.

Case Briefs High Courts

Wife’s temporary job will not disentitle her to claim maintenance from husband, if income from said job is insufficient for her maintenance: Kerala HC

“The test is whether the wife is able to maintain herself more or less in the status, in which her husband has maintained her. The wife is entitled to live the same standard of life as she lived along with the husband.”

Case Briefs High Courts

Bombay HC directs Registry to register Khadi’s device mark “PRAKRITIK PAINT” in respect of cow dung based paints

There is sufficient material on record to show that the petitioner is openly using the subject device mark in the context of its goods in the public domain and the Registrar completely ignored these documents while passing the impugned order.

Case Briefs High Courts

Gauhati HC takes suo motu cognizance of Umrangso Coal Mine Tragedy; directs filing of status report by State on actions taken against rat-hole mining

The Court took note of the fact that in Karbi Anglong District, rat hole mining is rampant, and it is either going unnoticed or authorities are not taking any action to stop them, despite having knowledge.

Case Briefs High Courts

Human Rights Commissions not meant to be ‘toothless tigers’; must be ‘fierce defenders’ safeguarding the right to live without fear and with dignity: Delhi HC

Human rights are not ordinary rights. These rights are integral to Article 21, which recognizes the right to life. The reports and recommendations of Human Rights Commissions are needed to be treated with seriousness and not rendered edentulous or pointless.

Case Briefs High Courts

‘Individual’s liberty cannot be curtailed merely because he participated in political rally that later turned violent’; Bombay HC quashes preventive detention order

Respondents have not taken recourse to the procedure contemplated by Section 7 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers Drug-Offenders and Dangerous Persons Act, 1981, which provides for procedure to be adopted in case where the detenue is absconding.

Case Briefs High Courts

‘Disdainful disregard’ by the Government of its constitutional obligation; Delhi High Court slams Delhi Govt for delaying 14 CAG Reports

The Court observed that there has been an inordinate delay on the part of the Government of NCT of Delhi in taking requisite steps for laying the CAG Reports before the Legislative Assembly.

Case Briefs High Courts

Are married individuals, in live-in-relationships with others, entitled to police protection? Rajasthan High Court refers matter to larger bench

“Live-in-relationship is an agreement in which two persons live together in a short or long term relationship. The Hindu Marriage Act, 1955 does not recognise the concept of live-in-relationship. Even in Muslim Law, no recognition has been given to such relationship.”

Case Briefs High Courts

All wrong cannot be cured by the writ Court; Calcutta High Court dismisses petition by Vishva Hindu Parishad for book stall request at International Kolkata Book Fair

Kolkata is widely known and recognized for literary works. There are similar fairs and events, may not be of the same scale, organized in various parts of the State. The petitioners would be hardly prejudiced if they are not able to participate in the subject fair. The petitioners can always showcase their books and news articles elsewhere and there is absolutely no restriction in doing so.

Case Briefs High Courts

Releasing pleadings and documents to media before Courts had the opportunity to consider the same, is not acceptable: Delhi High Court

The language in the legal notice completely scandalises the Court and raises baseless allegations and aspersions against the administration of justice by the Court by raising doubts about the functioning of the Registry of this Court.

Case Briefs High Courts

Sexual assault against minors also attacks their innocence and sense of safety; often leave permanent psychological scars: Delhi HC dismisses bail application of POCSO accused

“It is a stark reminder of an unfortunate reality frequently observed by courts, where acts of sexual assault against children were often committed by individuals who occupy positions of trust or confidence in the child’s life. Such relationships of familiarity and trust not only provide perpetrators access to the child but also magnify the betrayal and lasting impact of the crime.”

Case Briefs High Courts

‘Audi alteram partem cannot be used to cure self-suffered wound’; P&H HC refuses relief to electricity firm that overcharged residents

The Court held that the petitioner approached the Court raising hue and cry about the violation of the principle of natural justice with an oblique motive to create a defence at the appellate stage, immediately after the culmination of the proceedings before the Consumer Forum.

Case Briefs High Courts

‘Immunity granted under S.35 of Maharashtra Village Panchayats Act, 1959 is for post and not person’; Bombay HC sets aside notice of no confidence motion against woman sarpanch

The Sarpanch is a post conferred upon a person and therefore, the term ‘Sarpanch’ as well as the post of Sarpanch cannot be distinguished as both have identical meanings in common parlance.

Case Briefs High Courts

‘Casual approach unmindful of law of limitation’; Delhi HC denies condonation of delay to Railways in appeal against compensation of Rs 6 Lakhs

“Consideration to condone can be made only if there is a reasonable explanation and the condonation cannot be merely because the appellant is a Government body where procedural and bureaucratic delays are well known.”

Case Briefs High Courts

‘No difference if law graduate candidate not enrolled’; Chhattisgarh HC allows candidates without Bar Enrollment to appear in Civil Judge Exam

“In a selection process, the scope of the candidates for participation should not be narrowed down by imposing unwarranted conditions rather more candidates should be allowed to participate so that better qualified candidates may be selected.”

Case Briefs High Courts

Delhi High Court rejects anticipatory bail to wife accused of inflicting severe burns on husband with boiling water and red chilli powder

Men who are victims of violence at the hands of their wives often face unique difficulties, including societal disbelief and the stigma associated with being perceived as a victim. Such stereotypes perpetuate the erroneous belief that men cannot suffer violence in domestic relationships.

Case Briefs High Courts

Delhi HC grants bail to four co-owners of coaching centre basement in flooding case leading to death of three civil services aspirants

The Court directed the applicants (‘accused persons’) to make their voluntary donation of Rs. 5 lakhs with Delhi State Legal Services Authority (‘DSLSA’), within two weeks, towards the welfare of the families of the deceased. The member secretary, DSLSA, shall then consider the claims from the families of deceased and issue direction for disbursal of the said amount after due consideration.