High Courts Archives

Gujarat High Court suspends life imprisonment sentence of persons convicted of murder

“Considering the backlog of appeals pending before this Court, the chance of the appeal being heard in near future is extremely remote.”

Case Briefs High Courts

Allahabad HC dissolves 35-year-old marriage over wife’s refusal to cohabit and abandonment of husband for over 23 years

“Differences of perception towards life may give rise to different behaviours by individuals. Such a difference of perception and behaviour may be described as cruel by others by observing the behaviour of another. At the same time, such perceptions are neither absolute nor such as may themselves give rise to allegations of cruelty unless observed and proven facts are such as may be recognized in law to be acts of cruelty.”

Case Briefs High Courts

Delhi High Court issues specific directions on free medical treatment to rape, acid attack, and POCSO case victims/survivors by all public/private hospitals

‘Not providing required medical treatment to victim/survivor of sexual offence is a criminal offence.’

Case Briefs High Courts

Andhra Pradesh High Court quashes NI Act proceedings due to invalid cheque issued from merged bank

Andhra Pradesh High Court quashed proceedings under Section 138 NI Act, ruling that the dishonor of a cheque issued on a State Bank of Hyderabad account, rendered invalid due to the bank’s merger with SBI and expiry of its validity in March 2018, does not attract liability under the NI Act.

Case Briefs High Courts

‘Investigation cannot linger for years’; Bombay HC rebukes Mumbai Police for four-year-long delay in filing charge sheet in fraud case involving 600 investors

“Investigation cannot be permitted to linger on for years, keeping the investors in the lurch, not knowing what is the outcome of the case.”

Case Briefs High Courts

Orissa HC directs installation of CCTV cameras in all police stations and out-posts by 31st March

The State Officials/police personnel have been directed to strictly follow the SOP formulated by the State Government on ‘Arrest of and Interaction with Members of Armed Forces in Police Stations’, and to circulate the same in Odia language to all the police stations and the police outposts of the State.

Case Briefs High Courts

Read why Gujarat HC denied anticipatory bail to Bhupendrasinh Zala accused of financial fraud worth Rs 360 Crores

“In the CID raid, it was discovered that Bhupendrasinh had created several firms and opened bank accounts in their names, but only two of the firms were registered. He had also issued cheques worth Rs 62 Lakhs in the name of his driver.”

Case Briefs High Courts

Delhi High Court grants injunction in favour of Wipro Enterprises Pvt. Ltd. to restrain infringement of trade mark “WIPRO”

Wipro Enterprises Pvt. Ltd. had registered its well-known trade mark “WIPRO” and its formative trade marks in various classes under the Trade Marks Act, 1999.

Case Briefs High Courts

Andhra Pradesh High Court upholds compensation in Motor Accident Case; Dismisses allegations of foul play

For the purpose of awarding compensation, there should be the causal relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement, but the same is not required to be direct and proximate.

Case Briefs High Courts

J&K and Ladakh High Court urges Criminal Courts to “remain sensitive” and avoid “Copy-Paste Syndrome” while deciding Bail matters

“Even a single day’s delay in grant of bail to a person who is otherwise entitled to it amounts to violation of his fundamental right to life and liberty.”

Case Briefs High Courts

Bombay HC grants pension to former MOIL employee who was denied benefit despite being eligible as he had resigned, not superannuated

“Such inter se discrimination between resignation simplicitor (on health grounds) and resignation for joining another CPSE, even though a similar Scheme is not available, in fact is clearly discriminatory, and has no nexus with the object sought to be achieved.”

Case Briefs High Courts

‘Suppression of criminal antecedents & failure to disclose pending FIRs has significant consequences’: Orissa HC upholds cancellation of candidature for Junior Overman post

“The role of a writ court to interfere with the discretionary power of the appointing authority is necessarily limited. This discretion, however, must be exercised judiciously, with due regard to the principles of fairness, proportionality, and the objectives of public service. The authority retains the prerogative to evaluate a candidate’s fitness/ including instances of prior criminal antecedents or suppression of information.”

Case Briefs High Courts

Kerala High Court allows State to acquire Nedumpala estate and Elstone tea estate in Wayanad for rehabilitation of Landslide victims under Disaster Management Act

Disaster Management Act mandates the State Government to take necessary measures for disaster management, which includes both immediate relief and long-term recovery efforts.

Case Briefs High Courts

‘Power to revise penalty after consultation with PSC is on Governor’s discretion’; Sikkim HC upholds order modifying penalty of dismissal from service to compulsory retirement

The Governor’s failure to consult the Commission as envisaged in Rule 10 of Sikkim Government Servants’ (Discipline and Appeal) Rules, 1985, while passing the order modifying the penalty, alone would not change the nature of the case.

Case Briefs High Courts

‘A citizen’s liberty cannot be curtailed on whims and wishes of State officials’; Jharkhand HC sets aside preventive detention order under Jharkhand Control of Crimes Act, 2002

‘Liberty of a citizen of the country must be kept at the highest pedestal and there must be impeccable evidence to curtail the same.’

Case Briefs High Courts

MP High Court issues direction for conducting Competency-Based Evaluation test under Pre-Natal Diagnostic Techniques Rules

The Court ensured that participation in the examination would not interfere with the petitioners’ existing rights.

Case Briefs High Courts

Delhi High Court grants injunction protecting Saregama India’s copyrights in cinematic music

The continuous acts of infringement by Movie World Visual Media Private Limited are resulting in serious reputational loss and undermining the economic interest of Saregama India Limited vis-a-vis other licensees who have acquired proper license for valuable consideration of Saregama’s copyrighted works.

Case Briefs High Courts

Kerala High Court approves ‘Pappanji’ burning for new year celebrations in Kochi; Recommends wider safety barricade around effigy

‘Pappanji’ typically refers to a large effigy, often constructed as part of local New Year or cultural celebrations in Kerala, particularly in places like Kochi. The effigy, often representing an exaggerated figure or caricature, is burned as a symbolic gesture to mark the end of the old year and to usher in the new one.

Case Briefs High Courts

Penalty for delay in filing audit report before assessing authority under IT Act can be avoided by demonstrating reasonable cause: Kerala High Court

“It merits notice that the phraseology used in Section 273B of the IT Act is such that no penalty can be imposed on an assessee under Section 271B for breach of the provisions, if he proves that there was ‘reasonable cause’ for the said failure.”

Case Briefs High Courts

Dispute relating to infringement of copyright against a particular person is arbitrable: Orissa High Court reiterates

The Court relied on Vidya Drolia v. Durga Trading Corpn., (2019) 20 SCC 406., wherein it was held that a claim for infringement of copyright against a particular person is arbitrable, though in some manner the arbitrator would examine the right to copyright, a right in rem.