High Courts Archives

‘Courtroom can still be a wild enough place without summoning spirits from beyond the grave’; Punjab and Haryana HC withdraw petition filed by a deceased man

The Court warned petitioner’s counsel to exercise a tad more caution in future legal escapades as it would not want to inadvertently summon anymore ghostly clients or find us entangled in a legal mess of supernatural proportions.

Case Briefs High Courts

Delhi High Court dismisses S. 11 Arbitration petition due to Debit Notes issued after MSMED registration in arbitration proceedings

MSMED Act is a beneficial legislation for Micro Small & Medium Enterprises and provides that a buyer can also raise counter claims before the statutory arbitrator under the MSMED Act. Moreover, the scope of the Act as stated therein is to the extent that even if there is an agreement for arbitration between the parties, the MSMED Act will have overriding effect.

Case Briefs High Courts

‘Magistrate failed to conduct preliminary inquiry to ascertain roles and duties of individuals before mechanically summoning them’: Allahabad HC quashes criminal cases against officials of Larsen and Toubro

“Magistrate had issued summons without meeting the requirement of Section 202 CrPC., even though the applicants were residing outside the territorial jurisdiction of the Trial Court.”

Case Briefs High Courts

Intention of parties can be construed from the correspondence exchanged between them: Delhi HC appoints Justice A.K. Sikri (Retd.) as a Sole Arbitrator

The Court opined that all nine contracts are related to same project and if it is accepted that there is an Arbitration Clause only in five contracts, then parties will have to be relegated to civil proceedings, which will lead to multiplicity of disputes, delay in adjudication and possibility of conflicting rulings.

Case Briefs High Courts

Allahabad HC quashes notifications issued by ARTO banning registration of e-Rickshaws and e-Autos in Mathura and Agra

“Section 178 U.P. Motor Vehicles Rules, 1998 does not contemplate or empowers State to ban registration of new vehicles. Thus, the impugned restriction is beyond the scope of Rule 178 and hence, unsustainable.”

Case Briefs High Courts

‘Computation of 25% students strictly in compliance with S. 12(c) RTE Act’; Gujarat HC dismisses PIL against Gov. Resolution

The instant petition was filed at the verge of commencement of the admission process in the schools in the State and seems to be a result of pre-empting the whole issue.

Case Briefs High Courts

[Death by Suicide] Allegations were general and omnibus in nature; Bombay High Court acquits husband due to insufficient evidence

To attract the charge of Section 306 of the Penal Code, the prosecution must establish incitement, instigation, aiding, or abetment to commit suicide.

Case Briefs High Courts

[VIAGRA v. VIGOURA] ‘Confusion between medicinal products pose serious risks to public health’; Delhi HC grants permanent injunction in favour of Pfizer Products

“When consumers encounter different products with similar branding in the same retail context, the risk of assuming a common source or affiliation increases.”

Case Briefs High Courts

Utterances such as “go and hang yourself” spoken while venting out anger, can’t become an ingredient for abetment to suicide under S. 306, IPC: Karnataka HC

The Court quashed proceedings for abetment of suicide initiated against the husband who told a Priest of Church “to go hang himself” for having an illicit affair with his wife.

Case Briefs High Courts

Know why Allahabad HC restrained two advocates from entering Prayagraj District Court and prohibited them from practicing law within the State

“Instances of this kind pose a serious challenge to the very functioning of the judicial system and the incident has to be viewed seriously”

Case Briefs High Courts

Bombay HC falls short of words to describe “mental, psychological and physical state of the victim” while rejecting bail for sexually abusing child for 9 years

Due to the horrendous nature of crime committed by the applicant, the victim, a 17-year-old child, turned into a nymphomaniac.

Case Briefs High Courts

Retrospective re-fixation of salary and pensionary benefits post-retirement is not in accordance with law: Madras HC

The petitioner was retired from service by superannuation and hence, the employer – employee relationship between the petitioner and the University had come to an end and hence, the University holds no Authority to re-fix the salary and the consequential benefits of the petitioner.

Case Briefs High Courts

Sextortion represents profound violation of privacy, undermines individual dignity and is a significant social menace: Delhi HC denies anticipatory bail

During the analysis on National Cyber Reporting Portal, ten complaints are found, in which innocent people are cheated by the same accused persons through the same modus operandi.

Case Briefs High Courts

Read why Madras High Court refused anticipatory bail to Gangster Rocket Raja

Madras High Court remarked that Tirunelveli is a communal prone area. It is only for the past few years; the city has been without any communal violences. During the ensuing parliamentary elections, any small spark may lead to a catastrophe.

Case Briefs High Courts

Ujjain Sinhast Terror Alarm | MP High Court refuses to suspend sentence of man accused of creating potential Communal Disturbance

The prosecution alleged that the appellant, along with a co-accused, conspired to create disturbance during the Sinhast occasion at Ujjain by leaving behind the bag with explosive substances and forged identity documents to falsely implicate a particular community.

Case Briefs High Courts

‘Patwari is not God’; MP High Court directs to register FIR against Patwari for creating report to prove Former CM’s son title

Madhya Pradesh High Court held that Patwari may be a “demigod in the rural society but, he cannot supersede the legal provision”.

Case Briefs High Courts

Cattle Cruelty| Andhra Pradesh HC directs District Collectors of Kakinada and East Godavari to file report on safe keeping and transportation of cattle as per Government Order

The Court opined that some of the photographs annexed with the petition reflects a very sorry state of affairs. It reflects that number of dead animals in the cattle marketing area are being handled by cranes and other heavy machinery.

Case Briefs High Courts

Delhi HC quashes FIR against a man accused of fraud, forgery and fabrication of documents considering amicable settlement between parties

Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent 2 also states that he has settled the disputes with the petitioner out of his own free will, volition and without any coercion.

Case Briefs High Courts

Candidate not necessarily suffering from disability set out in RPwD Act but having special needs is entitled to reasonable accommodation: Madras HC

“If the facilities required by the petitioner are denied, she will not be able to take the examination, which would lead to discrimination that is forbidden by Article 14 of the Constitution of India.”

Case Briefs High Courts

Dismissal of complaint for non-appearance not justified when case is transferred without intimation: Rajasthan High Court

Rajasthan High Court held that power of the Magistrate under Section 256 CrPC to acquit an accused is “not to be indiscriminately exercised whimsically and mechanically for the statistical purposes of removing a docket from its rack as it undermines the cause of justice.”