High Courts Archives

Madras HC stays suspension of KFC operator’s license in Thoothukudi for reusing cooking oil

There is also prima facie merit in the Sapphire Foods contention that Magnesium Silicate Synthetic far being a prohibited agent is a permitted filtration agent.

Case Briefs High Courts

‘One business partner’s conduct detrimental to another’; Bombay HC grants interim relief u/s 9 to aggrieved partner, in absence of efficacious remedy u/s 17 of Arbitration Act, 1996

Due to the respondent 1’s brazen disregard for the status quo order, the Court in absence of a Section 17 remedy, had to grant an interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Does information seeker have locus standi in penalty proceedings under Section 20 of RTI Act? Delhi HC answers

The formation of opinion under Section 20(2) of the Right to Information Act, 2005 is in the exercise of supervisory powers of Central Information Commission and not in the exercise of the adjudicatory powers.

Case Briefs High Courts

Abbreviating new criminal laws will simplify usage of lengthy Hindi terminology; promote inclusivity and facilitate efficient judicial process: Punjab and Haryana HC

The Court stated that creating a shared linguistic space for people with different language backgrounds becomes crucial to fostering a sense of unity and inclusivity. The hard-to-pronounce titles cause lingual impediment, cognitive chaos, and tedium that could prevent the legal system from operating smoothly.

Case Briefs High Courts

‘Callous and negligent attitude’; Allahabad HC directs Lucknow University to pay Rs 2 lakhs compensation for withholding a student’s 3rd year result on presumption of misconduct

“The action of the Lucknow University in not only in violation of principle of nature justice but has deleterious effect on the future of the candidate and such an action is deplorable.”

Case Briefs High Courts

‘Refusal to acknowledge irretrievable breakdown of marriage does more harm than good’: Kerala HC allows appeal by wife for divorce

“Marriage should be a union based on mutual respect, love, and understanding. When one spouse seeks freedom from a relationship that has become a source of distress, denying this request only perpetuates suffering and contradicts the very essence of a marital bond”

Case Briefs High Courts

MP High Court slams State’s ‘pathetic attitude’ towards non-compliance of court order; grants extension and imposes Rs. 50,000 Cost

The Court stated that the State may recover the amount of cost after fixing the “responsibility on some erring officer who has derelicted in not complying with the order in time”.

Case Briefs High Courts

MP High Court quashes charges under Muslim Women (Protection of Rights on Marriage) Act; stresses on need for UCC to curb superstitious practices

“There are a lot of other deprecating, fundamentalist, superstitious and ultra-conservative practices prevalent in the society that are clothed in the name of faith and belief.”

Case Briefs High Courts

Delhi High Court directs Disclosure of Forensic Audit Report on Show Cause Notices by IDBI Bank

A forensic audit was conducted by Grant Thornton LLP at the request of the respondent-bank. The audit led to the withdrawal of the ‘red flagging’ of the company’s account.

Case Briefs High Courts

‘No one can be a judge in their own cause’; Bombay HC reiterates principle of natural justice in petition against BPCL

The Court noted that the appellate authority formed under BPCL’s Policy remedy would have comprised of their officers, and the same could not be permitted as BPCL could not be a judge in their own cause.

Case Briefs High Courts

Private documents like telephonic conversation cannot be considered at stage of framing charges: MP High Court

The Court reiterated that the court cannot open its own order on merits specifically in the light of the bar as contained under Section 362 of CrPC.

Case Briefs High Courts

Delhi High Court upholds order by CAT directing grant of maternity leave to lady constable for third child

It is the bounden duty of the employer to be sensitive and responsive to the physical difficulties that a working lady would face in performing her duties at the workplace while carrying a baby or bringing up the child post birth.

Case Briefs High Courts

Delhi High Court grants interim injunction against shops from unauthorised use of brand name ‘Peter England’ outside their shops

The brand ‘Peter England’ was introduced in 1997 and later acquired by Aditya Birla Fashion and Retail Ltd. in 2000.

Case Briefs High Courts

Not necessary to prove motive behind offence, when eyewitness testimony is credible: Jharkhand HC upholds conviction

The Court stated that admittedly, the death is homicidal, and the doctor also found that the cause of death is injury, which was inflicted upon the deceased persons. Therefore, the ocular evidence corroborates with the medical evidence.

Case Briefs High Courts

Mere presence at hotel as ‘customers’ while women dance in obscene manner, not sufficient to attract offence u/s 294 of IPC: Bombay High Court

No other specific overt act is attributed to petitioners to attract the offences punishable under Sections 294, 114 read with Section 34 of Penal Code, 1860 against them.

Case Briefs High Courts

MP High Court calls for action against Investigating Officer over dowry death investigation shortcomings; denies bail to accused

“It was imperative on the part of the Investigating Officer that investigation of an offence such as dowry-death maintains a high level of accuracy and candidness.”

Case Briefs High Courts

‘Employer may pass order cancelling candidature on suppression of pending criminal case’; Allahabad HC upholds termination of candidate appointed to Class-IV post in District Judgeship

“A candidate seeking an appointment in the District Court judgeship should be of impeccable character and high integrity, and his antecedents should be clean and if a person whose integrity is doubtful or his antecedents are not clean is appointed, that can damage the institution.”

Case Briefs High Courts

‘Reporting sexual offence brings disrepute to family’; Bombay HC upholds man’s conviction under POCSO as victim’s family had no reason for false implication

The Court emphasised that in our conservative society, even on account of family enmity, the future and career of a girl is not jeopardised, and such is a strong circumstance in favour of the prosecution.

Case Briefs High Courts

‘Similarly situated persons should not be left out; Manipur HC allows Veterinary Doctor’s plea seeking benefit of enhanced age of superannuation from 60 to 62 years

“In a welfare State, the hallmark in the action of the executive and legislature is the principle of equality embodied under Article 14 of the Constitution. There can be classification for the purpose of Article 14, but it should be reasonable and intelligible so that such classification forms a homogeneous group.”

Case Briefs High Courts

‘Yamuna River Floodplain must be zealously protected from encroachment and unauthorised construction’: Delhi HC upholds demolition of temple near Yamuna Bank

“There is not even a single scrap of a document placed on record by the appellant/society to show any kind of legitimacy it exercises, either over the land or the illegal structure built thereon.”