High Courts Archives

[S. 5(4) Citizenship Act] Delhi High Court directs Centre to grant citizenship to minor born in India to OCI Holder parents

The present case is one where there are special circumstances, for the Central Government to use the enabling powers, as contemplated under Section 5(4) for favorably considering grant of citizenship to the Petitioner.

Case Briefs High Courts

Obligation to stay proceedings in contingencies spoken of in S.124(1) of the Trade Marks Act does not stand obviated consequent to abolition of IPAB: Delhi High Court

Notwithstanding the abolition of IPAB and the power of rectification reverting to the High Court, a Trial Judge would have to stay in its hands once it is apprised of pendency of a rectification.

Case Briefs High Courts

Delhi High Court sets aside arbitral award due to violation of S. 12(5) Arbitration Act

“It is well settled principle that unilateral appointment of Arbitrator is not permissible under the law”

Case Briefs High Courts

Threat to falsely implicate in rape and eve-teasing case amounts to abetment to suicide: MP High Court

MP High Court opined that continuous threat of false implication can demean and destroy an individual’s self-esteem and career, significantly contributing to psychological distress and potentially leading to suicide.

Case Briefs High Courts

Delhi HC restrains entities from infringing Jackie Shroff’s publicity and personality rights including his name, voice and image for commercial gains

The Court sought response from a content creator for a YouTube video titled “Jackie Shroff Is Savage (*) Jackie Shroff Thug Life” and viewed that restricting such creative expressions stifles freedom of expression, potentially deterring the public from exercising their right to free speech due to fear of legal repercussions.

Case Briefs High Courts

‘The forest department workers were thrown out of service to deprive them of benefits of regular services’; Gujarat HC orders reinstatement for wrongful termination

“The act of terminating services of the petitioners, so as to deprive them of the benefits of Government Resolution was illegal and contrary to the principles of natural justice.”

Case Briefs High Courts

‘No teaching, suggestion or motivation in prior art to make it obvious to a person skilled in art’; Madras HC remands patent application to Controller for reconsideration

Since about 12 years have elapsed from the date of application, Madras High Court directed that the Patent Application be disposed of within a maximum period of three months from the date of receipt of a copy of this order.

Case Briefs High Courts

Rajasthan High Court stays anti-encroachment drive in Jalore

The residents of Odwada village in Jalore district faced an anti-encroachment drive on a 35-acre piece of pasture land, following Court’s previous order directing removal of encroachments from the government pasture land.

Case Briefs High Courts

Date of commencement of selection process for appointment to be taken into consideration for old pension scheme not the date of appointment order or joining date: Madras HC

The old pension rules do not apply to those appointed on or after 01-04-2003.

Case Briefs High Courts

Employees must fulfill requisite qualification for promotion to the post of ‘Assistant Manager’ in State Transport Corporation: Madras HC upholds seniority list

“In terms of Rule 60(d)(i) of the Common Service Rules, when the appointment is to the post in the grade of “Assistant Manager (Legal)”, one must have five years of experience in the feeder category viz., the post of “Senior Superintendent”

Case Briefs High Courts

Sikkim High Court allows State’s application for condonation of delay for appeal in POCSO case; Costs amounting to Rs 20,000 imposed on State

The Court stated that, while it is important that litigants including the State, are accorded the same treatment and the law is administered even- handedly; however, a little latitude is considered by the Courts when the State is the seeking condonation of delay.

Case Briefs High Courts

[Unjust Enrichment] Bombay High Court directs for refund of amount deposited with Sub-Divisional Officer on account of cancellation of event

The Court said that in the absence of any authority to forfeit the sum deposited in the application or agreement between the petitioner and the respondent, or any statutory provision or circular, renders the respondents disentitled to withhold the amount deposited with them.

Case Briefs High Courts

MP High Court imposes Rs. 25,000/- cost on advocate for non-cooperation

MP High Court noted that during the last hearing on 07-05-2024, the Court explicitly stated that the case would be taken up at 2:15 P.M., however, the respondents’ counsel failed to appear before the Court, demonstrating non-cooperation.

Case Briefs High Courts

“Interests of securing higher profits must yield before the safety of lakhs of passengers using the platform”: Bombay HC

The Court held that railway platforms exist mainly for travelling passengers and their free movement; their safety being paramount compared to the business interest of the petitioner in operating the catering stall.

Case Briefs High Courts

University’s functioning cannot be at the cost of employee’s welfare: Bombay HC orders SNDT Women’s University to pay pensionary benefits

The Bombay High Court opined that a Public University is not expected to needlessly withhold the pensionary benefit of its retired employees.

Case Briefs High Courts

Calcutta High Court orders Durga Puja Committee to plant saplings around Salt Lake as remedy for illegal tree cutting during 2023 Celebrations

Admittedly, the Puja Committee did not obtain prior permission of various departments before illegally cutting, pruning, trimming and destruction of trees which are in public places, and which are also being classified as non-forest area.

Case Briefs High Courts

Delhi High Court initiates contempt against advocate for writing derogatory comments in chat box during virtual hearing

“Petitioner appears to have taken a wrong end of law, aggrieved against adverse orders passed by the Judicial Officers of the District Courts as well as this Court and cannot be permitted to cross the red line, thereby making personal attack on the Judges which undermines the integrity of the Institution.”

Case Briefs High Courts

Gauhati High Court declares Article 11, Schedule I of Court Fees Act, 1870 (Assam Amendment) ultra vires to Article 14 of Constitution

“The fees levied by courts should not exceed the cost of administration of justice. The levy of fee by courts for grant of probate without an upper limit is a discriminatory class legislation without any rational nexus or reasonable differentia.”

Case Briefs High Courts

Non-Compliance of HP Prison Manual, 2021| Himachal Pradesh HC seeks status report from State Government on competition of work in Kishanpura Jail

As per the report, there are 2808 prisoners in 14 jails functional in the State, but there were only 4 posts of Medical Officers in the jails, which were claimed to have been filled up.

Case Briefs High Courts

Termination of pregnancy | Nobody can be allowed to play hide and seek for committing an unborn child’s murder: MP High Court

MP High Court held that the Court could not allow its authority to be used to terminate an unborn child when there is an intent to later deny the occurrence of the alleged offense.