High Courts Archives

Madras HC directs ASI and Archaeological Department to conduct survey of toilet and cafeteria constructed within protected area of 1000 years old Shiva Temple

“Arulmigu Gangaikonda Cholisvarar temple is a protected monument under the Archaeological Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 1958.”

Case Briefs High Courts

Delhi High Court restrains Hindustan Unilever Limited from comparing ‘Ponds’ with ‘Nivea’, holds comparison to be misleading

The Delhi High Court opined that the law related to advertisements in any form — print, digital, or TVC will also extend to ‘in-mall’ marketing campaigns since it is a method of promotion and marketing of company’s product to a consumer.

Case Briefs High Courts

Can the Court order disclosure of identity information of an Aadhaar cardholder? Delhi High Court answers

“Considering the facts of the present petition, this Court is of the considered opinion that interest of justice would be served if the information as sought by the petitioner is provided”

Case Briefs High Courts

Delhi HC directs Chief Secretary to implement Committee recommendations to cure defects in current medical system to avail financial assistance

“To ensure the implementation of the said recommendations, this Court directs the Chief Secretary, GNCTD to convene monthly meetings till all the recommendations get implemented and action taken report shall be filed by the Chief Secretary, GNCTD on or before 15-10-2024.”

Case Briefs High Courts

State Bar Council’s refusal to grant separate recognition to High Court Advocates Bar Association not arbitrary: MP High Court

Madhya Pradesh High Court held that there was no justification for granting separate recognition to the petitioner association when the welfare schemes for advocates were already being administered through recognized bar associations.

Case Briefs High Courts

‘Cattle in dairies next to landfills feed on hazardous waste; their milk would have serious consequences on humans consuming’; Delhi HC issues directions for relocation of dairies

“The magnitude of the problem is humongous, which has been compounded by the abject failure of the concerned authorities and the respondents to take timely action, despite repeated directions of this Court.”

Case Briefs High Courts

‘Will be a national loss’; Bombay HC refuses to withdraw qualification obtained by MBBS student on false OBC Certificate

If the medical profession is based on a foundation of false information, then certainly it would be a blot on the noble profession. Therefore, the foundation of any student should not be built based on false information and suppression of the facts.

Case Briefs High Courts

Arbitration award cannot be set aside on erroneous application of law unless it is patently illegal: Allahabad High Court reiterates

“The award is not required to be set aside until and unless it is vitiated by “patent illegality” appearing on the face of the record with a caveat that the award should not be set aside merely on the ground of erroneous application of law or by appreciation of evidence.”

Case Briefs High Courts

‘Proceedings under PMLA are always subservient to primary proceedings’; Punjab and Haryana HC close ED proceedings arising out of ECIR in light of acquittal in primary offence

The Court opined that since Enforcement Case Investigation Report (‘ECIR’) is not a condition precedent for starting an investigation or inquiry by the Enforcement Directorate and is only an internal record of the department, its quashing would serve no purpose whatsoever.

Case Briefs High Courts

‘Wholly Misconceived’; Delhi HC dismisses petition seeking FIR against PM Narendra Modi for allegedly delivering hate speech

The Court noted that petitioners have filed the present petition even though the representation made to the Election Commission of India is stated to be under consideration.

Case Briefs High Courts

Bombay HC rejects plea to quash case against Former Andhra Pradesh CM Nara Chandrababu Naidu for assaulting police personnel

Applicants, i.e., Nara Chandrababu Naidu, and Nakka Ananda Babu, refused to cooperate during their transfer to Central Jail Aurangabad and created terrorizing atmosphere, hurled abuses in Telugu and English and used criminal force and even assaulted the police constables.

Case Briefs High Courts

Bombay HC upholds Notifications changing the names of Aurangabad and Osmanabad to Chhatrapati Sambhajinagar and Dharashiv, respectively

The Court opined that if an authority is empowered to name a revenue area under a statutory provision, there are no reasons to deny the power for altering the names of a revenue area to such an authority.

Case Briefs High Courts

Can the issue of limitation be decided in a petition under Section 11 of the Arbitration Act? Delhi High Court answers

“The Court’s jurisdiction at the pre-reference stage is only to determine the prime facie existence of an arbitration agreement and the final adjudication, even on the question of limitation, is to be left to the arbitral tribunal, being the parties’ chosen forum.”

Case Briefs High Courts

Delhi High Court grants bail to accused for having a sexual relationship on the false pretext of marriage

Court said evidence shows a consensual relationship between two adults where promise to marry may not have been motivating factor for sexual relationship.

Case Briefs High Courts

Awards cannot be set aside on ground of erroneous application of law or by reappreciation of evidence until it suffers from patent illegality: Allahabad High Court

“The Statehas miserably failed to show any patent illegality warranting interference in appellate jurisdiction. Mere allegation would not suffice until and unless it stands substantiated from the pleading and the records.”

Case Briefs High Courts

Removal of minor daughter from father’s custody by mother without consent; Bombay HC directs repatriation of daughter to USA with her father

The Court said that when confronted with a question pertaining the custody of a minor child, the Court as parens partriae, should not decide on the consideration of the legal rights of the parties, but on the sole and predominant criterion of the child’s best interest and welfare.

Case Briefs High Courts

Contempt of Court | MP High Court imposes ₹1 lakh cost on news editor for vilification of a sitting judge in a 2011 news report

Madhya Pradesh High Court stated that despite opportunities, the respondent failed to offer a genuine apology or show remorse for his actions.

Case Briefs High Courts

‘Throwing 13-month-old child on floor’ in courtroom: MP High Court rejects application for FIR quashment in light of serious allegations

Madhya Pradesh High Court stated that “throwing a 13-month-old child on the floor by itself would amount to an attempt to murder and throwing a paperweight towards his head would further aggravate the situation.”

Case Briefs High Courts

‘Objective of AAI (Leave) Regulations, 2003 is not to curb population’; Bombay HC directs AAI to grant maternity benefits to employee for third child

The respect and protection of a woman and of maternity should be raised to the position of an inalienable social duty and should become one of the principles of human morality.

Case Briefs High Courts

[SPARX v HRX] Delhi High Court refuses injunction against Hrithik Roshan’s XS Brands Consultancy for using mark ‘X’

Plaintiff’s X mark is derived from their ‘SPARX’ logo and has been used in a standalone form in relation to its footwear products sold under the ‘SPARX’ brand. Plaintiff’s grievance is against the defendants who started using defendants’ X mark, which was deceptively similar, for footwear as well, being identical goods.