High Courts Archives

Non-compliance of natural justice principles, an exception to Rule of Discretion vis-a-vis exercise of HC’s jurisdiction under Art. 226: Karnataka HC

Court reiterated out that availability of an alternative remedy, would not be an embargo on the High Court’s power to entertain the petition under Article 226 in certain contingencies.

Case Briefs High Courts

Know why Madras HC allowed accused persons in Kodanadu heist and murder case to examine former CM Edappadi Palaniswami and VK Sasikala as witnesses

Madras High Court emphasized that it is crucial for the true facts of the case to be brought to light in the pursuit of justice. Denying both the prosecution and the defense the opportunity to present their cases would violate fundamental legal principles

Case Briefs High Courts

Karnataka HC denies bail to Founder & Chairman of Sri Guru Raghavendra Sahakara Bank accused of misappropriating approximately Rs. 1553 crores

The bail application of the Founder-Chairman has been denied for the fourth time. Earlier, his bail was denied twice by the Court and once by the Supreme Court.

Case Briefs High Courts

Read why Kerala HC directed ED probe and payment to victims of Edamulackal Co-Operative Bank fraud case

The Court questioned the authorities as to why the initial FIR was lodged only against the former Secretary and the recovery proceedings were referred to the joint secretary who had no authority.

Case Briefs High Courts

Gauhati HC directs Chief Executive Officer, Haj Committee to dispose of representations on excess amount collected from pilgrims within 90 days

Though the air fare of the chartered flight from Guwahati to Jeddah was collected from the pilgrims, however, during the boarding at Guwahati, pilgrims of Assam were asked to take normal passenger flight instead of international chartered flight.

Case Briefs High Courts

MP High Court accepts man’s unconditional apology in contempt case; directs him to plant 50 trees of indigenous species

The respondent expressed remorse and tenders an apology, undertakes that in future he will ensure maintenance of proper decorum of the Court and volunteered to undertake social service.

Case Briefs High Courts

Delhi High Court upholds trade mark rights of Ganesh Grains over its ‘GANESH’ marks; directs cancellation of ‘GANESH HARA MATAR’ mark

“Petitioner has established that that it was the prior registered proprietor and prior user of the mark ‘GANESH’ and its other formative marks since 1936. The adoption and use of the mark ‘GANESH HARA MATAR’ by Respondent 1, is likely to create confusion in the market.”

Case Briefs High Courts

Rajasthan High Court takes Suo Motu cognizance of lack of adequate public sanitation facilities for women; issues notice

“Every woman should live a life of respect, equality and decency, free from any kind of fear, force, violence and discrimination. According to Article 21 of the Constitution of India, every citizen, including women is entitled to the right to life and dignity.”

Case Briefs High Courts

‘Right to reproductive choice includes right not to procreate’, Delhi High Court permits termination of 29-week pregnancy

The Court held that the petitioner should be permitted to terminate her pregnancy because allowing the Petitioner to continue with the pregnancy can impair the mental stability of the Petitioner as she is showing suicidal tendencies.

Case Briefs High Courts

Rajasthan High Court upholds validity of appointments from Non-State Civil Services category to Indian Administrative Service

“Tendency to stop the recruitment process of non-SCS category candidates points out towards the greed of the State Civil Service category candidates to grab all the posts meant for State Civil Service and non-SCS category candidates.”

Case Briefs High Courts

MP High Court issues School Bus Safety guidelines following DPS Indore Tragedy

These guidelines will remain in force until the Government of Madhya Pradesh examines the situation and incorporates appropriate provisions into the Madhya Pradesh Motor Vehicles Rules, 1994.

Case Briefs High Courts

Bombay HC quashes circular that directs removal of phrases “Bhrashtachar”, “Human Rights” from the title of Organisation/Trust

Section 22(1) of the Maharashtra Public Trusts Act, 1950 provides for change when same is desired in the interest of the administration of public trust, therefore, changing name at the behest of and on the directions of Charity Commissioner will not fall within the provisions of Section 22(1) of the said Act.

Case Briefs High Courts

Bhopal Gas Tragedy Cleanup | MP High Court mandates immediate action & accountability after 40 years of delay in remediation

The Court criticized the authorities for their prolonged inertia despite prior orders and sanctioned plans.

Case Briefs High Courts

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.