High Courts Archives

[Section 29A of IBC] Disqualification of promotors applying for resolution plan not applicable to MSMEs: Supreme Court

Supreme Court observed that the law laid in Digambar Anandrao Pingle (supra) by NCLAT was not correct, and that the date of submission of resolution plan has to be the cut off date.

Case Briefs High Courts

Punjab and Haryana High Court issues directions for Investigating Officers adding or deleting offences under UAPA Act in the FIR

“The mechanical and perfunctory manner of inclusion of offences under the UAPA Act, in the petition FIR, does ultimately cause deep trauma, upon the minds of the bail petitioners.”

Case Briefs High Courts

Constitutionality of Section 15(5) of the CGST Act and other provisions challenged; Bombay High Court issues notice

Bomby High Court issued notice to the Attorney General regarding challenge to the provisions of Section 15(5) of the CGST Act, 2017 being unconstitutional and violative of Articles 246A and 366(12) of the Constitution of India.

Case Briefs High Courts

Calcutta High Court upholds right to challenge non-arbitrability in landlord-tenant dispute; sets asides Arbitral Award

Applying Section 3 of the West Bengal Premises Tenancy Act, 1956, the Calcutta High Court determined that the dispute is governed by the tenancy act.

Case Briefs High Courts

SARFAESI Act does apply to fishing vessels; Co-operative Banks have discretion to choose recovery methods: Calcutta High Court

“Definition analysis of ‘vessel’ includes fishing vessels under the Merchant Shipping Act, triggering Section 31(d) exemption.”

Case Briefs High Courts

Section 43(4) of Arbitration and Conciliation Act, 1996 does not create new window after expiry of limitation: Calcutta High Court

“The limitation for filing an application will start to run from the day when the cause of action accrues regardless of the existence of an arbitration clause.”

Case Briefs High Courts

No bar which can restrict landlord from beneficial enjoyment of his property: Allahabad HC upholds order directing tenant to vacate premises

“A tenant or the Court cannot direct the landlord how and in what manner he should live/ arrange affairs. There is no bar which can restrict a landlord from beneficial enjoyment of his own property”

Case Briefs High Courts

Over-crowding of emergency wards must be circumvented to make best medical assistance available to critical patients: Delhi High Court

“The Court took cognizance of the necessity to upgrade and enhance the overall infrastructure facilities in the government hospitals, in particularly the emergency wards.”

Case Briefs High Courts

Merely because wife is earning, does not automatically operate as absolute bar for awarding maintenance: Delhi High Court

“Maintenance pendente lite/permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The phrase “sufficient for her or his support” has to be interpreted to mean that applicant is able to maintain with reasonable comfort and standard of living which applicant was accustomed in matrimonial home.”

Case Briefs High Courts

Madras HC directs Registrar to cancel trade mark registration granted to Khoday breweries for ‘Red and White’, being similar to well-known mark of Godfrey Phillips

“once it is concluded that the earlier trade mark is a well-known trade mark, the registration of an identical or similar trade mark is not permitted if the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or reputation of the earlier trade mark”

Case Briefs High Courts

‘Proposed changes will expand ambit of Suit’; Orissa HC rejects amendment of plaint for incorporation of prayer for partition in 27-years-old dispute

“The suit was instituted in 1996 and was at the fag end of the trial. The Defendant’s cross-examination was ongoing and if the proposed amendment is allowed, it will change the nature and character of the suit.”

Case Briefs High Courts

Calcutta High Court mandates Police Picket at deceased INC political worker’s wife residence to ensure Peace and Security

The instant matter involves allegations of police inaction and need for protection of wife of deceased political worker associated with the Indian National Congress following political violence during West Bengal Panchayat Election 2023.

Case Briefs High Courts

Bombay High Court dismisses appeal against conviction for murder of his wife based on child witness’ testimony

Mere accompaniment of uncle to visit court for recording statement under section 164 of CrPC is not good ground or submission to hold that the child was tutored.

Case Briefs High Courts

Chhattisgarh High Court commutes death sentence of man convicted for killing his parents over ideological differences

“Murder was committed by him by 3 gunshot injuries to each of them, hence no doubt, such heinous crime should be deprecated and no amount of criticism can be given to such gruesome act, that too, of his own father and mother.”

Case Briefs High Courts

Delhi High Court imposes 10 lakhs cost on father of a minor student for availing EWS benefits by misrepresentation; Issues directions for RTE compliance

The present case reflects a tormenting situation where the opulent class is putting in blood, sweat and tears to reap the benefits of EWS reservation at the expense of the economically marginalized candidates. A calculated attempt at subverting the cherished constitutional vision of education for all is under scrutiny in this case.

Case Briefs High Courts

Orissa HC grants bail to a woman accused under PMLA considering pre-trial detention of 1 year and delay in completion of trial

“The Court, recognizing the significant delay in trial commencement and the uncertainty around its duration, granted bail to the accused and also extended the benefit of the proviso to Section 45 of the PMLA.”

Case Briefs High Courts

Delhi High Court directs Voltranic India Lubricants to pay Rs. 1 lakh cost to Castrol Ltd. for infringing its ‘CASTROL’ mark

“Copying of so many marks, labels, packaging, and containers is a deliberate act on defendants’ behalf to gain monetarily by selling counterfeit products.”

Case Briefs High Courts

Calcutta High Court upholds Bank’s right to take disciplinary action against employees for proven misconduct

“Any misconduct on the part of the bank employee/ officer can be meted out with disciplinary action in accordance with the service rules and regulations.”

Case Briefs High Courts

Rajasthan High Court grants bail to man accused of providing confidential military information to Pakistani Intelligence

“This lethargic attitude of the prosecution is seriously violating the fundamental right of the speedy trial of the petitioner as guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo.”

Case Briefs High Courts

Domestic Violence Act focuses on providing immediate relief to victims through maintenance, not Imprisonment for non-payment of maintenance: Delhi High Court

“The Domestic Violence Act was enacted to offer certain civil remedies to the victims of domestic violence. These remedies encompass an array of protective measures, residence orders, and monetary reliefs, designed to address the multifaceted nature of abuse.”