High Courts Archives

Rajasthan High Court quashes order reducing Grants-in-Aid of Educational Institutions; says it affects Students’ education

“Even while passing administrative order having civil consequences, the reasons are not only to be recorded but are to be supplied to the affected parties.”

Case Briefs High Courts

‘Policy based response from municipalities required, not judicial intervention’; Delhi HC denies to interfere in issue of lack of parking spaces in residential colonies

‘This issue is symptomatic of a larger urban planning failure, where colonies were developed without foresight for parking facilities, causing residents to park in the streets.’

Case Briefs High Courts

Rajasthan High Court upholds the method of redistributing marks of deleted questions within same subject in Accountant Exam

“Deletion of questions from a particular subject and distribution of their marks proportionately in the remaining questions of the same subject does not make any discrimination between the candidates.”

Case Briefs High Courts

Driving vehicle without number plate not cheating under Section 420 IPC; police can impose fine: Telangana High Court

It was stated that to attract Section 420 of the Penal Code, 1860, the accused must cheat and dishonestly induce the victim to deliver any property to any person or make, alter, or destroy a part of valuable property.

Case Briefs High Courts

J&K High Court cautions authorities against misusing Preventive Detention powers at cost of mocking the Constitution

“There is no iota of doubt that the preventive detention of the petitioner is a sheer abuse of jurisdiction of preventive detention under the Jammu & Kashmir Public Safety Act, 1978.”

Case Briefs High Courts

Delhi HC upholds order by CAT allowing appointment of Scheduled Caste candidate holding Caste Certificate not issued by State of Delhi

‘NCT of Delhi is giving reservation to one category and denying the same to another, which is sheer discrimination and cannot be permitted.’

Case Briefs High Courts

Madras High Court stays operation of Instruction issued by Specified Officer of MEPZ denying GST benefits on Group Health Insurance services

Madras High Court said that the Specified Officer of MEPZ-Chennai had, vide impugned Instruction unilaterally proceeded to remove General Insurance services from the purview of default list of input services.

Case Briefs High Courts

Read why Gujarat HC directed Revenue Tribunal’s Chairman to step down for passing ‘diametrically’ opposite orders, whilst State decides on conduct

State to inquire whether the Chairman of the quasi-judicial body like the Tribunal in passing such orders which are contrary to the settled proposition of law and decisions of the Supreme Court, should be permitted to continue on such a senior position.

Case Briefs High Courts

‘Amul is a well-known mark’; Delhi High Court restrains Bio Logic and Psychotropics India Pvt Ltd from using mark similar to ‘AMUL’

No plausible explanation was provided by the defendants as to why the trade mark ‘AMUL’ was adopted. No written statement was filed on behalf of the defendants. The conduct of the defendants highlighted their mala fide and dishonesty in adopting the same mark, as that of the plaintiffs’.

Case Briefs High Courts

Calcutta High Court grants bail to DYF leader Kalatan Dasgupta and restrained authorities from taking coercive action

‘Since Kalatan Dasgupta had already provided his statement and his mobile phone had been seized, he shall not be involved in further investigative proceedings without leave of Court.’

Case Briefs High Courts

‘Detention based on Look Out Circular amounts to arrest, violates fundamental rights’; Bombay HC declares Singapore resident’s arrest illegal

The moment petitioner was intercepted by the Immigration officers around 10:00 pm, on 13-08-2024, allegedly based on a Look Out Circular, he was deprived of his liberty and he ceased to be free.

Case Briefs High Courts

Rajasthan High Court consolidates trials for 259 FIRs against Sanjivani Group Chairman; Upholds Right to Fair and Speedy Trial

“Whether the proceeding against the accused shall be called as prosecution or it would be a persecution. Whether it’s a persecution or be it a prosecution but in anyway it must come to an end within a reasonable period.”

Case Briefs High Courts

Allegations are general in nature’; Bombay HC grants bail to trustees, homeopathic doctor allegedly providing bogus doctors to M. T. Agarwal Hospital

The informant’s statement does not identify individual/s as victims whose deaths/injuries can be relatable to specific acts of commission/omission on the part of applicants before this Court.

Case Briefs High Courts

Whether ‘tractor-trailer’ sans ‘motor’ falls under ‘motor vehicle’ and is amenable to entry tax under Odisha Entry tax Act? Orissa HC answers

Section 2(h)-“Motor Vehicle” means a Motor Vehicle as defined in Clause 28 of Section 2 of the Motor Vehicles Act, 1988; [excluding any tractor, earth mover, excavator, bulldozer or road-roller].

Case Briefs High Courts

Delhi High Court cancels trade mark ‘LI’L MONSTER’ to protect the Intellectual Property Rights of Monster Energy Co.

The trade mark ‘MONSTER’ had been adopted by Monster Energy Co. in 2002 in the United States of America.

Case Briefs High Courts

‘Anathema to democratic & orderly society’; Orissa HC grants bail to young woman lawyer over alleged custodial assault, harassment

The petitioner- accused is a practising lawyer and daughter of a Brigadier of the Indian Army. However, instead of registering her complaint for road rage, it was alleged that the Police personnel started misbehaving with her and her Indian Army Major- friend.

Case Briefs High Courts

Madras HC directs Veterinary University to consider application of transgender person for admission under Special Category

Madras High Court directed the University to not reject the application of the petitioner on the ground of being a transgender person.

Case Briefs High Courts

Allahabad High Court upholds Family Court’s order calling for expert opinion on wife’s mental health at stage of evidence in divorce proceedings

Allahabad High Court directed for constitution of a team of doctors by the CMO within a period of one week from the date of certified copy of this order is served on the said authority.

Case Briefs High Courts

‘Compensation is essential part of curing justice’; Delhi HC enhances compensation to Rs. 10.5 lakh for minor victim of sexual assault by father

Although the offence of ‘aggravated sexual assault’ was not mentioned in the compensation scheme, the Court referred to the offence of ‘unnatural sexual assault’ to determine the quantum of compensation.

Case Briefs High Courts

Filing of written statement after expiry of 30 days can be accepted only if there is an application in writing for condonation of delay: Madras HC

If the power is given to do a certain thing in a certain way, the thing must be done in that way.