High Courts Archives

Delhi High Court dismisses petition by Kashmiri migrants challenging DDA’s Special Housing Scheme for Retired/Retiring J&K Migrants

These petitioners, who had not even applied under the second scheme cannot be permitted to challenge the same, that too, at a belated stage i.e. after four years of the closure of such scheme.

Case Briefs High Courts

‘50 grams of heroin seized; contraband smuggled from Pakistan via drone highlights sophisticated network of illicit trade’; P&H HC dismisses bail petition of accused

“Such individuals, who were involved in trafficking even modest amounts of contraband, were akin to termites eroding the fabric of society. It is imperative that in such cases, the Court takes a firm and resolute stance, addressing them with the utmost severity to curb this insidious menace.”

Case Briefs High Courts

Meghalaya HC directs for 2-hour ‘Incognito’ inspections on weighbridges during peak traffic over allegations of mismanagement & loss of revenue

“Only in cases of gross failure of the administrative machinery causing injury to the public at large who are unable to obtain any redress except with the intervention of the Court, should the Court intervene and this dividing line should be strictly maintained.”

Case Briefs High Courts

Headmaster being guardian of school has duty to report POCSO incidents to child protection officer or police, Madras HC refuses to quash proceedings

Madras High Court noted that in this case, the Headmaster of the School at the time of occurrence, neither informed about the sexual assault committed by the accused persons to the authorities concerned nor taken any action against them

Case Briefs High Courts

‘Arrest must be rational, fair & based on admissible evidence’; MP High Court grants bail in ₹141.8 Crore PMLA case due to procedural lapses

“When an accused is in custody under PMLA irrespective of the case for which he is under custody, any statement under section 50 of PMLA to the same investigating agency is inadmissible against the maker.”

Case Briefs High Courts

Delhi High Court stays trademark registration of ‘JACK DANIELS’ being violative of Section 9(2)(a) & Section 11 of Trade Mark Act, 1999

It is the case of the petitioner that they have been using the mark “JACK DANIEL’S” since 1895 in respect of alcoholic beverages. The petitioner is the registered proprietor of various trademarks including “JACK DANIEL’S” and other formative parts.

Case Briefs High Courts

No social welfare surcharge payable on custom duty exempted under MEIS Scheme: Orissa HC

Upon a person obtaining exemption, he cannot be said to be discharging liability to pay duty. The Court clarified that charging provision under Section 110(3) of Finance Act, 2018 is a percentage of customs duty paid, as collected by the Central Government. The duty paid being zero, collection is zero and the percentage of it must also be zero.

Case Briefs High Courts

Doctrine “Falsus in uno, falsus in omnibus” doesn’t apply in India; Courts must separate reliable evidence from exaggerations: J&K High Court

“It is the duty of the Court to remove the chaff from the grain in its pursuit for truth. It is not open to the trial Court to throw out the entire prosecution evidence just because it was contradictory on certain aspects of the case.”

Case Briefs High Courts

‘Person wanting to do liquor trade have to accept conditions as framed by State’; P&H HC dismisses petition to quash prohibition of operation of bars/pubs beyond midnight in Haryana

“Excess drinking and indulging in night life in Indian society is still a social taboo. While we may not be understood to discourage night clubs, but the policy makers ought to take into consideration the Indian culture and consider that the percentage of literacy and mature understanding and repercussions of excessive drinking is yet a far-reaching goal.”

Case Briefs High Courts

Delhi High Court sets aside detention order on woman’s personal gold jewellery, Exempts ‘personal effects’ from customs duty

Personal jewellery which is not found to have been acquired on an overseas trip and was always a used personal effect of the passenger would not be subject to the monetary prescriptions incorporated in Rules 3 and 4 of Baggage Rules, 2016.

Case Briefs High Courts

‘Statements in charge-sheet, too far-fetched and fall short of any instigation/incitement’; Bombay HC sets aside abetment to suicide case against a Judicial Officer

To attract the offence under Section 306¹ of the Penal Code, 1860, clear mens rea to commit the offence must be established on applicant-accused’s part, as it requires active/direct act, leading the deceased to commit suicide.

Case Briefs High Courts

Calcutta High Court upholds maintenance for wife and daughter; Rejects claims challenging legal marriage despite pending appeal

It is the obligation and bounded duty of the husband to maintain his wife and children, if he has sufficient means and neglects or refuses to maintain them in case wife is unable to maintain herself and her child.

Case Briefs High Courts

‘Police personnel strangulating pregnant wife not exceptionally brutal/violent’; Bombay HC holds husband eligible for remission

No separate category is carved out as an exception to the normal Rules of remission provided under Section 432 ¹ of the Criminal Procedure Code, 1973 for a Police personnel committing heinous crime of murdering his pregnant wife.

Case Briefs High Courts

Does the right to default bail accrues upon the expiry of the statutory period if an investigation extension application is pending? Madras HC answers

“It is needless to say that the decision in the bail application would be dependent on the decision in the extension application”

Case Briefs High Courts

Delhi HC protects personality rights of renowned cardiac surgeon Dr Devi Shetty; temporarily restrains infringement of Narayana Health trade marks

It is submitted that Plaintiff 1 is a ‘celebrity’ and has a valid and enforceable personality right. He satisfies the dual test of personality rights, viz. having a valid and enforceable personality right on account of being a well-known reputed personality and the same is clearly identifiable in the infringing content uploaded by Defendants 1-8 and 13 on their social media accounts.

Case Briefs High Courts

Delhi High Court grants bail to anti-CAA protest accused in money laundering case under PMLA and UAPA

Special statutes have stringent conditions for grant of bail but they should not become means to detain the accused without there being any possibility of concluding the trial, expeditiously. Merely charging an accused person under the provisions of these special statutes should not become a punishment in itself which violates Article 21.

Case Briefs High Courts

Thorough enquiry regarding monument’s antiquity and age required before declaring it as ‘ancient’: Gauhati HC

The Superintendent of Archaeology is empowered to undertake a thorough enquiry as to the antiquity of the monument to be protected and shall determine as accurately as possible the age of the monument on such evidence as may be available to him.

Case Briefs High Courts

Kerala HC Directs Collector and Police to ensure safe pilgrimage to Sabarimala during Mandala-Makaravilakku Festival

Kerala High Court was reviewing the steps and action plans proposed by the Travancore Devaswom Board, the State Government, and the police to ensure the safety and security of pilgrims at Sabarimala.

Case Briefs High Courts

Swarn Rekha River Revival Project | MP High Court directs for synergy between State Government, Municipal Corporation & Counsels

The Court noted that the provisions regarding social audit under the Municipal Corporation Act, 1956, should be invoked cautiously to customize schemes effectively.

Case Briefs High Courts

‘Upon detecting fraud, bank has implied duty to exercise reasonable care and take prompt action’; Delhi HC directs SBI to compensate loss of Rs. 2.6 Lakhs incurred by cyber fraud victim

‘The Banking Ombudsman overlooked the key aspects of the matter and completely misdirected itself in law.’