High Courts Archives

Allahabad HC sets aside Passport Authority’s order impounding a man’s passport due to pending criminal case

Allahabad High Court: In a writ petition challenging the communication issued by the Regional Passport Officer, whereby he has been informed that

Case Briefs High Courts

Bombay HC refuses to quash FIR against Director of International Pharma Trader Co. for non-compliance with NDPS provisions

The Export Promotion Council of India is merely a facilitator in promoting exports of pharmaceutical products, and the RMCC is a facilitator for the Customs officials in the enhancement of security; the non-provision of the Notification by them was not a justification for the applicant’s non-compliance.

Case Briefs High Courts

‘Ultimate decision of woman whether to opt for abortion or adoption’: Allahabad HC directs State to facilitate discreet delivery and adoption of 15-year-old minor girl’s unborn child

A woman’s decision in whether or not to go ahead with the termination of her pregnancy is a decision that is to be taken by no one but herself. This is primarily based on the widely acknowledged idea of bodily autonomy. Here, her consent reigns supreme.”

Case Briefs High Courts

If burden of excess octroi duty is passed onto consumers, then granting its refund will amount to ‘unjust enrichment’; Bombay HC dismisses Colgate’s plea

It is reasonable to infer that petitioner has already passed on the burden of octroi duties to its consumers as it has neither pleaded nor established that it has not passed on the burden of the alleged excess octroi collected by the Bombay Municipal Corporation to its consumers.

Case Briefs High Courts

Divya Coronil Not a Cure for COVID-19; Delhi High Court directs immediate removal of Misleading ‘Divya Coronil’ Claims

The very branding and labelling of the said Tablet as Coronil appear to suggest that the drug nullifies the coronavirus, it cures the disease, which may even amount to mis-labelling and/or mis-branding of the drug, which is impermissible under the provisions of the Drugs and Cosmetics Act, 1940.

Case Briefs High Courts

Bank cannot be charged with demand, interest, penalty for filing return in another State’s GST portal due to technical glitch: Telangana High Court

The foundation of show cause notice itself was bad in law and the assumption that return could not have been filed in the GST portal of Telangana did not flow from Section 140 of the Central Goods and Services Tax Act, 2017.

Case Briefs High Courts

Delhi High Court grants bail to 68-year-old rape accused

The Court refrained from commenting on the merits of the contentions of either party, as trial was pending in the matter.

Case Briefs High Courts

Kerala HC quashes proceedings against husband after considering settled married life and wellbeing of children

“Effacing abominable offences through quashing process would not only send a wrong signal to the community, but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a “settlement” through duress, threats, social boycotts, bribes or other dubious means”

Case Briefs High Courts

Delhi High Court grants Arvind Kejriwal Two Additional Legal Meetings via Video Conferencing

The petitioner sought two additional legal meetings with his Lawyers in a week through video conferencing on the ground that he is embroiled in more than 30 cases in various States of India and even though he has been granted interim bail in a case, but his relief has not become infructuous as he still continues to be in custody in other matters.

Case Briefs High Courts

Can a person change his religion in school certificate after conversion? Kerala HC answers

“Even if it is to be accepted that there is no provision enabling change of religion entered in school certificates, that is no reason to tie down a person to one religion, merely by reason of his birth”

Case Briefs High Courts

Allahabad HC directs UPPSC to respond to candidate’s plea alleging marks disparity in U.P. Judicial Service Civil Judge examination 2022

Allahabad High Court noted that the final result was declared on 30-8-2023. Almost 11 months have passed since then, the petitioner had not approached the Court any earlier.

Case Briefs High Courts

‘Consent derived in fear of injury or misconception of fact is no consent’: Bombay HC refuses to quash proceedings against accused for offences including rape

The Court noted that Section 90 of IPC does not define the term “consent”, but the law does not see “consent derived from a fear of injury and misconception of fact” as consent.

Case Briefs High Courts

Why did Delhi HC refuse to grant ICAI ad interim injunction against Netflix for staying release of series ‘Tribhuvan Mishra CA Topper’?

“It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in Chartered Accountancy Examination. It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy.”

Case Briefs High Courts

MP High Court denies CBI investigation in Fake Encounter case; increases cost payable by State to Rs. 1,00,000/- for police’s insensitivity

“There is no explanation given by the Police before the writ Court, as well as before this Court as to why no action was taken on the complaint made by the petitioner about the missing of her son.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to Adidas AG in suit filed for infringement of ‘ADIDAS’ trade mark

It was said that when a mark as distinctive and well-known as “Adidas” is copied, it can dilute the mark’s distinctiveness and harm the brand’s reputation, irrespective of the differences in the product categories.

Case Briefs High Courts

J&K and Ladakh HC takes suo motu cognizance vis-a-vis return of drowned Indian youth’s body from Pakistan

The instant PIL was filed on behalf of the parents of the youth who drowned in the Chenab River under mysterious circumstances and whose body was later found in Pakistan.

Case Briefs High Courts

‘No material to formulate any substantial question of law’; Tripura HC dismisses appeal filed u/S 100 of CPC

‘The contention that the appeal is not maintainable under Section 100 of CPC cannot be accepted, rather the appeal filed by appellant is maintainable before the Court as the order of Additional District Judge is a decree.

Case Briefs High Courts

‘Shocking that an advocate in robes is seeking protection to run brothel’; Madras HC directs Bar Council to ascertain genuineness of his enrollment and educational certificates

“The Tamil Nadu Government to prevent the exploitation of women and trafficking of women, has enacted an Act, viz., the Immoral Trafficking (Prevention) Act, 1956. This Act has been enacted with an aim to prevent the commercialisation of vices and the trafficking of females. This Act does not declare sex work as illegal. However, it prohibits running of brothel centres.”

Case Briefs High Courts

“Took almost five decades for Centre to realise its mistake”; Madhya Pradesh High Court on ban on Govt. Employees from joining RSS

“The Court laments the fact that it took almost five decades for the Central Government to realise its mistake; to acknowledge that an internationally renowned organisation like RSS was wrongly placed amongst the banned organisations of the country and that its removal therefrom is quintessential.”

Case Briefs High Courts

[Anti CAA Protests] Delhi Police have done so far is “too-little, too-late”; Delhi High Court directs transfer of death investigation of young man to CBI

The leitmotif that “justice should not only be done but should manifestly and undoubtedly be seen to be done”, must not be limited only to court proceedings, but must also apply proprio-vigore to investigation of crime. Investigation must also be seen to be fair and just.