High Courts Archives

Kerala HC grants bail to Boby Chemmanur in sexual harassment case, citing bail is rule & jail is exception; warns against body shaming

“Everybody should be vigilant while making comments about others, whether they are men or women.”

Living together in a shared household through a relationship in ‘nature of marriage’ is also domestic relationship under DV Act: Delhi HC

In the present case, the allegation against the respondent (‘man’) was of domestic violence, while he lived in a shared household with the petitioner (‘woman’) for almost seven years in a domestic relationship, if not as a married couple but at least as a couple in the nature of marriage.

Case Briefs High Courts

‘MAHINDRA’ is not a trivial or inconsequential addition; Delhi HC rejects injunction in E-ZEO trademark dispute as Mahindra rebrands to ‘Mahindra Zeo’

While purchasing a motor vehicle, the name of the manufacturer becomes very important and an average consumer while deciding to purchase a motor vehicle would not only consider the model of the motor vehicle but also its manufacturer.

Case Briefs High Courts

‘Bail in NDPS case on ground of undue delay in trial, unfettered by rigours of S. 37’; Punjab and Haryana HC grants bail to accused of selling narcotics pills

“The right to life and personal liberty cannot be rendered nugatory by unwarranted delays in the judicial process, particularly where such delay(s) is neither attributable to the accused nor justified by the prosecution with cogent reasons. An individual cannot be kept behind bars for an inordinate period of time by taking refuge in the rigours of Section 37.”

Case Briefs High Courts

Lack of transparency in Medical Board’s justification for differential treatment violates Articles 14 and 16: Rajasthan High Court

“Equals must be treated equally and, therefore, the non-grant of the benefit to the petitioner despite his being otherwise eligible and meritorious, does not meet the judicial approval.”

Case Briefs High Courts

Support to terrorist organization monetarily or in the form of networking prohibited; Delhi High Court rejects bail appeal of LeT accused

When a terrorist organization like LeT is involved, which has already taken responsibility for various terror attacks in India, the tacit or active support to such an organization cannot be condoned in any manner.

Case Briefs High Courts

‘Social media complaints cannot be seen as lacking in gravity’; Telangana HC denies relief to caterer whose license was terminated after customer complaints

“Complaints/customer feedback on social media is an accepted mode of registering complaints against a service provider and the petitioner cannot adopt an ostrich policy in today’s time on the pretext that social media complaints do not deserve to be treated with seriousness.”

Case Briefs High Courts

‘Not a case of passive support to terrorist organisation’; Delhi High Court denies bail to alleged ISIS associate in UAPA case

The Court stated that the recovery of incriminating material recovered from the mobile phone of the appellant showing pro-ISIS material showed that the appellant is deeply influenced with the philosophy and ideology of the ISIS.

Case Briefs High Courts

Delhi High Court upholds injunction granted in favour of FMI Limited in ‘INDI’ vs ‘INDEED’ Trademark Dispute

The lack of bona fide on the part of the defendant is also demonstrated from the fact that it has adopted an identical colour combination of ‘blue and white’, as used by the plaintiff. Pertinently, most of the measuring tapes of the defendant selling under different marks do not bear the ‘blue and white’ colour combination.

Case Briefs High Courts

‘No proper inquiry, opportunity of hearing’; Chhattisgarh HC quashes stigmatic order terminating Gram Rojgar Sahayak from his service

The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.

Case Briefs High Courts

Compounding of the offences permitted under IT Act; Orissa HC refuses to exercise power under S. 482 for quashing proceedings under S. 276(B) of Income Tax Act

The Circular dated 17-10-2024 issued by the Central Board of Direct Taxe provides fresh guidelines for compounding of offences under the Income Tax Act.

Case Briefs High Courts

Interpreting S.468(3) CrPC in a way which considers relevant offences as one where summons is issued leads to absurdity; Delhi HC dismisses petition to quash complaint

“Limitation seeks to prevent abuse of process by filing vexatious and belated prosecutions. However, at the same time, Criminal Procedure Code, 1973 (‘CrPC’) is not blind to the problems faced by litigants and provides for extension of the limitation period in certain cases under Section 473¹ of the CrPC. Thus, CrPC also ensures that interests of bona fide complainants are not affected.”

Case Briefs High Courts

Orissa HC quashes proceedings against law students for ragging 1st yr student, considering mutual settlement; directs for volunteer at orphanage

“In the nascent stage of their career as law students, the conduct of the petitioners is highly objectionable. Ultimately pursuit of legal education is not just about eventual personal success but about thriving for a course change in the society towards positivity.”

Case Briefs High Courts

Wife filing false case under S.498-A IPC to correct husband’s behaviour amounts to cruelty: Bombay HC

Once the mind of a spouse is corrupted to resort to a false prosecution against a spouse, it is certain that the spouse has lost all reasonableness and rationality to maintain solemnity of the marriage.

Case Briefs High Courts

Bombay HC rebukes Indian Overseas Bank for apathetic denial of employee’s request to forego her promotion to care for her disabled son

“We find that the Bank is no way going to be impacted, if the petitioner who has rendered 13 years of service with an unbleached record in Mumbai was brought back to the post of Clerk held by her in past.”

Case Briefs High Courts

Why Karnataka High Court dismissed pleas on Reservation of Women in Bengaluru Advocates Association Elections?

The Court said directions regarding ensuring reservation of women advocates had been issued by the Supreme Court under Art. 142 and same cannot be done by the High Court.

Case Briefs High Courts

Andhra Pradesh High Court upholds interim attachment of Iron Ore in arbitration dispute based on prima facie case and balance of convenience

The Court observed that though the appellant contended that the net worth of the company is Rs.91 crores and is not a fly-by-night company, no physical assets or any other alternative security is provided either before the Single Judge or before the present Court.

Case Briefs High Courts

“Religious terrorism is tragic & dangerous phenomenon”; MP High Court denies bail due to strong prima facie evidence & National Security threat

“Religious terrorism is a tragic and dangerous phenomenon that distorts the true teachings of faith and causes immense harm to individuals and societies. While the roots of religious terrorism are deep and complex, it is crucial to understand that no religion inherently supports violence or terror.”

Case Briefs High Courts

‘Student’s right to travel abroad by issuance of passport cannot be scuttled merely because father did not grant consent’; Bombay HC directs Passport Officer to consider application by mother

The right to travel is required to be not only recognized but made more meaningful, which can be achieved and supported by authorities implementing the provisions of the Passport Act, 1967 by effectively recognizing contemporary needs in dealing with passport applications.

Case Briefs High Courts

‘Twin Conditions under S. 127 of Income Tax Act was not complied with’; Himachal Pradesh HC grants relief to assessee whose tax assessment was wrongly transferred

“A valuable right of assessee is clearly involved in the matter, when he objected to jurisdiction of the assessing officer and transfer of his case, which obviously could not have been adjudicated upon without affording an opportunity of hearing and disclosing to him the reasons for not accepting his point of view.”