High Courts Archives

‘Online filing of nominations will maintain purity of elections’; Tripura HC directs State Civil authorities, Election Commission to provide adequate security to candidates willing to submit nomination papers

The online filing of nominations will play a vital role in fulfilling the commission’s statutory duty to maintain the purity of elections.

Case Briefs High Courts

Delhi HC upholds reinstatement of superannuated research assistant of Jamia Millia Islamia University as a teacher

The Court finds that the respondent is possessed with necessary educational qualifications and thus fulfils the requisite condition of being appointed as a ‘Teacher’.

Case Briefs High Courts

“Defect notice is itself defective”: Bombay HC directs Tax authorities to refund the excess tax collected from vehicle trader

The Court stated that State authorities cannot retain the excess amount which is not in accordance with law and the same would be violative of Article 265 of the Constitution.

Case Briefs High Courts

MP High Court denies Writ of Mandamus to restrain authority from taking coercive actions based on alleged ‘illegal’ stop-construction interim direction

The Court held that a writ petition against a show-cause notice is generally not maintainable, as established in Union of India v. Kunisetty Satyanarayana, (2006) 12 SCC 28.

Case Briefs High Courts

Delhi High Court grants interim injunction to Dr. Reddy’s in suit filed to restrain violation of trade mark “REBAHEAL”

Since the rival trade marks were visually and phonetically identical, it would cause confusion and deception amongst the general public, doctors, and chemists.

Case Briefs High Courts

Commenting about dress of girls, touching them inappropriately on their back, cheek and neck constitute an offence u/s 7 of POCSO Act: HP HC refuses to quash FIR

The physical contact made by the accused with the girls coupled with the words uttered by him could only lead to one inference that the touch was with sexual intent.

Case Briefs High Courts

Construction of public utility premises near Hanuman Mandir not detrimental to temple’s atmosphere and ecological balance: MP High Court

The Court stated that the petitioner’s failure to provide sufficient details and his criminal background further undermined his petition

Case Briefs High Courts

‘Existing issues sufficient’; MP High Court affirms trial court’s rejection of application for framing additional issues

The Court noted that the additional issue which states that “whether the registered sale deed dated 13.7.2017 was illegally executed” already covers all the ingredients which are necessary for execution of a valid sale deed.

Case Briefs High Courts

Delhi HC directs AAI to appoint an applicant, earlier rejected due to typographical error in medical report

The Court perused the opinion of the Medical Board, which reflects that colour vision of the petitioner was normal and he was fit to be employed on the post in question.

Case Briefs High Courts

‘INDRP Policy does not require third parties to be heard’; Delhi High Court holds petition under S.34 of the Arbitration and Conciliation Act, 1996 not maintainable

Any third party claiming an interest in the domain name, without being bound by the INDRP, cannot allege that the award has been rendered in violation of principles of natural justice.

Case Briefs High Courts

Bombay HC refuses to permit AIR 10 candidate seeking participation in admission process at IISC, Bangalore, due to delayed application

The Court stated that granting such relief would cause injustice to other applicants who were similarly situated as the petitioner and who could not submit their applications by the prescribed deadline.

Case Briefs High Courts

Madras HC issues guidelines on disposal of products of conception after MTP of a pregnant minor girl, and on disclosure of her personal details

Madras High Court made the Superintendent of Police of the District concerned responsible if the identity of the minor victim girl or the personal details are revealed to the outside world.

Case Briefs High Courts

Bombay HC orders release of a man incarcerated beyond sentence period in default of payment of fines due to poverty

The Court referred to Jolly George Varghese v. Bank of Cochin, (1980) 2 SCC 360 quoting Justice V.R. Krishna Iyer that “to be poor, in this land of Daridranayan, is no crime, and to recover debts by the procedure of putting one in prison is too flagrantly violative of Article 21 unless there is proof of the minimal fairness of his wilful failure to pay in spite of his sufficient means”.

Case Briefs High Courts

Delhi HC dismisses L’Oréal’s plea for cancellation of mark ‘CLARIWASH’ registered with a proprietor

The Court finds reconsideration of respondent 1’s application for registration of the trade mark ‘CLARIWASH’ registered 14 years ago, on account of procedural error manifestly unfair.

Case Briefs High Courts

Delhi High Court sets aside order cancelling GST registration of alleged Non-Existent Entity; directs entity to respond within 4 weeks

The Court stated that since the only allegation against the entity was that it was found to be non-existent, it was at liberty to furnish documents and material to support its contention that it continues to be a valid tax entity.

Case Briefs High Courts

[S. 4 Probation of Offenders Act] Bombay HC releases man convicted for running down woman with motorbike as a teenager, after 11 years

The Court opined that the applicant has a bright future and is apprehensive of the stigma of conviction that may ruin his future, therefore, it was expedient to release him on probation under the Section 4 benefit

Case Briefs High Courts

BNSS vs CrPC| CrPC to apply to pending trial/investigation registered before Bharatiya Nagarik Suraksha Sanhita came into force: Rajasthan High Court

The Court stated that “if an FIR is registered prior to 01-07-2023 under the CrPC, it would amount to a pending enquiry/investigation within the meaning of Section 531(2)(a) of BNSS.”

Case Briefs High Courts

Bombay HC denies protection of education to doctor who secured admission on false caste certificate; upholds Caste Certificate Scrutiny Committee’s order

The Court reiterated the findings of the Supreme Court in State of Maharashtra v. Milind, (2001) 1 SCC 4, that the benefits drawn by a candidate not belonging to a scheduled tribe, must be considered to having been drawn on the basis of a false caste certificate; such benefits are required to be withdrawn.

Case Briefs High Courts

Allahabad HC directs State to reconsider premature release of 79-year-old accused who was incarcerated for 25 years

“The impugned order is a stereotype order which is passed in almost every case by the State Government without application of mind.”

Case Briefs High Courts

‘Right to be forgotten inherent aspect of right to privacy’; Himachal Pradesh HC directs masking of rape accused’s name after his acquittal

There was no occasion for the State to file the present appeal, as once it is on record that the prosecutrix was living happy married life with the respondent, then, this Court cannot shut its eyes to the ground reality and disturb the happy family life of the respondent and the prosecutrix.