High Courts Archives

“PIL filed to settle personal score, no illegality in construction of shopping complex”; MP High Court imposes ₹25,000/- cost

“The petitioner has unnecessarily given the negative publicity of this matter against the Panchayat has resulted into delay of sale of the shops.”

Case Briefs High Courts

‘Protracted absence, eluding law, & repetitive bail pleas don’t call for sympathy’: Punjab & Haryana HC refuses anticipatory bail to accused in 5kg opium case

“While liberty and dignity of an individual must be held high, however, no one can be permitted to subvert and cause devolution in the process of justice.”

Case Briefs High Courts

Magic mushroom not a scheduled narcotic or psychotropic substance: Kerala HC grants bail to NDPS accused

In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.

Case Briefs High Courts

Chhattisgarh HC upholds order releasing Retired Municipal Officer’s gratuity withheld sans inquiry on allegation of misappropriating ₹ 10 Lakhs

The Court noted that admittedly, before the respondent’s retirement, neither any departmental inquiry was initiated against him nor was any show cause notice issued to him.

Case Briefs High Courts

‘Limit of 15% marks in viva voce can be exceeded in judiciary exams’; Punjab and Haryana HC denies relief to judiciary aspirant who failed by 6.75 marks

“In matters of recruitment to services, interference to the process of recruitment when otherwise conducted in a transparent, fair and reasonable manner with no allegation of malafides cannot be gone into in the limited power of judicial review of this Court under Article 226 of the Constitution.”

Case Briefs High Courts

‘Co-operation with investigation doesn’t extend to self-incrimination’; Punjab & Haryana HC grants anticipatory bail to accused in Municipal Corporation corruption case

“The investigating agency must instead rely on independent and lawful methods to gather information rather than pressuring the accused to act against their constitutional safeguards. Insisting on custodial interrogation solely for self-incriminatory purposes is unconstitutional and sets a dangerous precedent.”

Case Briefs High Courts

‘Not in excess of permissible 25% quota’; Bombay HC dismisses plea challenging Nomination in recruitment process of District Judges

By Resolution dated 12-04-2017, Permanent Selection and Appointment Committee of the High Court had resolved that for determining quota prescribed under Rule 5 of Maharashtra Judicial Service Rules, 2008, actual working strength of Judges in that cadre as on 31st March of every year had to be taken into consideration.

Case Briefs High Courts

‘Details of manual strangulation reflects how victim suffered traumatic end of her life’; Delhi HC dismisses bail application of husband in dowry death case

“To trivialize a case of murder on the ground that the accused and the victim, being husband and wife, had an altercation and therefore, the husband being drunk at the spur of the moment, had killed her, is not only unacceptable but also shocking.”

Case Briefs High Courts

Mere statement that wife cannot cohabit with husband unless she brings amount without any action will not amount to harassment: Bombay HC quashes FIR

“It is in the wisdom of the Investigating officer to file charge-sheet against those accused against whom there is strong evidence. Unnecessary harassment and false implication should be avoided.”

Case Briefs High Courts

Considering hospitalisation as pre-requisite to invoke S. 498-A IPC erodes purpose of provision; such narrow interpretation will render provision ineffective: Delhi HC

The husband’s contention that the present case is not a case where the wife is hospitalised due to cruelty or harassment committed upon her, is not only unmerited but also cross the threshold of having a mentality that in a serious Section 498-A IPC cases, the woman should have injuries and medical treatment record of a hospital.

Case Briefs High Courts

‘Duty of Referral Court in post-award stage to prevent misuse of arbitration’; Delhi HC rejects plea by Jaiprakash Associates for second arbitration in Rs. 360 Crores claim

“Applying the ‘eye of the needle’ test, the Court has no hesitation in observing that the prima facie scrutiny of the facts of the present case, leads to a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable.”

Case Briefs High Courts

Judicial Department is unable to locate the file and the individual is languishing in the correctional home; Calcutta High Court directs premature release

The case concerns the premature release of an individual as recommended by the State Sentence Review Board, however, the release process stalled due to pending formalities with the Judicial Department.

Case Briefs High Courts

‘Chastity of woman is priceless possession, if husband doubts wife’s character without proof, she has enough reason to live separately’; Orissa HC

In the matter at hand, the Family Court ordered for payment of Rs. 3,000/- maintenance. The High Court noted that without producing any proof of the infidelity of his wife, the husband simply character assassinated his wife.

Case Briefs High Courts

Tripura High Court seeks updated statistics of HIV/AIDS patients in State to evaluate impact of recent measures

“The data furnished by the TSLSA are indeed alarming. And more so, since youth in a particular age group are being found to be affected by this life threatening disease.”

Case Briefs High Courts

Pendency of civil and criminal litigation among partners cannot estop a partner from invoking arbitration clause: Punjab and Haryana HC

“Technicality cannot be attached with a notice served under Section 21 of the Arbitration and Conciliation Act, 1996 as that would defeat the objective of the statute, which provides for a speedy resolution of the disputes.”

Case Briefs High Courts

Bombay HC restrains Rupali Ganguli’s daughter Esha Verma from publishing defamatory posts against her

Social media platforms, print media, other digital/non-digital mediums and other relevant intermediaries are also restrained from publishing, sharing, hosting, circulating, or promoting any further defamatory content about plaintiff.

Case Briefs High Courts

Baggage Rules required to be re-looked to ensure no harassment of genuine tourists/travellers carrying gold jewellery: Delhi High Court

Bona fide tourists/travellers, travelling for social engagements in India with gold, which could be of a much higher value than the permissible limits, cannot to be expected to file detailed declarations, as this can make the entire process of entering India and exiting from airports extremely unfriendly or onerous.

Case Briefs High Courts

No fetter on Charity Commissioner’s power to entertain application for suspension, removal, or dismissal of trustee, whose Change Report is pending before Deputy Charity Commissioner: Bombay HC

The action for suspension, removal, or dismissal of the trustee under Section 41-D of the Maharashtra Public Trust Act, 1950 (‘the MPT Act’) is an independent action having no connection with the enquiry to be conducted under Section 22 of the MPT Act.

Case Briefs High Courts

‘Right to speedy trial is not a ‘free-pass’ for every undertrial to be released on bail’; DHC dismisses bail petition of Neeraj Bawania in double murder case

“The record shows that the petitioner (‘accused’) has committed heinous offences while he was on bail in other cases; and he has been convicted in the offences committed while on bail. When there is a long list of serious criminal involvements, the apprehension that the accused suffers from recidivism cannot be dismissed as imaginary.”

Case Briefs High Courts

Orissa HC initiates contempt case against former constable and his advocate questioning partiality of two Judges in Full Bench

“The affidavit raising the preliminary objection stated- That as the two Judges of Larger Bench have already disagreed with the view of the earlier Division Bench, their presence in the Full Bench will be a hindrance for an independent and open mind hearing. The point of law/question of law referred to be determined cannot be fair and unbiased. That, in this premises, the view of a third Judge will be immaterial as the disagreed view of the two judges will prevail. It is just like loosing of the case by the sole respondent is preordained.”