High Courts Archives

Medical practitioners to be protected from frivolous and unjust prosecution, particularly which are for extracting unjust compensation: Bombay HC

The report submitted by the Committee nowhere suggests that prescription of irrational combination of medicines by applicant is responsible for brain hemorrhage and consequential death of complainant’s wife.

Case Briefs High Courts

‘Acted in irresponsible and negligent manner while defending its case’; Punjab and Haryana HC dismisses petition to set aside ex parte proceedings

No sufficient reason was mentioned by the petitioner for the delay in filing the written statement and apparently blunt excuse was provided that the representative of the petitioner fell ill and no instructions could be issued to the Advocate.

Case Briefs High Courts

Allahabad High Court dismisses Advocate’s vexatious contempt plea against Justice Sunita Agrawal

“Criminal contempt is primarily a matter between the Court and the contemner and not a matter between a citizen and the contemner”.

Case Briefs High Courts

‘Husband is not absolved from providing maintenance even if wife is capable of earning’; Delhi HC upholds order by Trial Court against husband having extra-marital affair

‘The wife was a victim of domestic violence because she had been subjected to physical as well as mental abuse from her husband and no woman can tolerate that her husband is cohabiting with another lady.’

Case Briefs High Courts

Part-time contractual employees entitled to maternity benefits even though their appointment rules make them ineligible: Gauhati HC

The amount to be received by petitioner shall not only be restricted to the amount claimed by her but will also include any such other computation admissible in terms of the relevant provisions of the Maternity Benefit Act, 1961.

Case Briefs High Courts

‘Did not challenge selection criteria prior to entering the selection process’: Delhi HC upholds CAT order dismissing petition to set aside appointment order

In nutshell, when the petitioner could not find his place in selection list, he knocked the doors of the Court alleging mala fide at the hands of respondents, which cannot be permitted.

Case Briefs High Courts

Till BCI’s decision is pending, complaints against Advocates will be entertained only on fee of Rs 1750: Uttaranchal HC halts fee hike to Rs 5500

Regarding the 20 complainants, who paid Rs 5500 towards fee, the Court stated that the Bar Council of Uttarakhand will have to take steps to return the remaining amount after deducting Rs 1750 from Rs 5500.

Case Briefs High Courts

MUDA Scam | Karnataka HC finds no anomaly in the Gubernatorial Order according sanction against CM Siddaramaiah

Upholding the order, the Court stated that the Governor in the normal circumstance has to act on the aid and advice of the Council of Ministers as obtaining under Article 163 of the Constitution, but can take independent decision in exceptional circumstances and opined that the instant case was one such exception.

Case Briefs High Courts

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.”