High Courts Archives

Gag orders should be passed to prevent substantial risk to fair trial; Delhi High Court imposes cost of Rs. 10,000 on a man seeking gag order against newspapers

“One has to carefully see the nature of the publication and find out as to the content of the publication will cause prejudice to the trial of a case or not.”

Case Briefs High Courts

Patna High Court rejects PIL filed by a teacher seeking exemption from attending LLB classes due to his employment in a school

“There is no public interest either in the exemption from classes for LLB course sought for or the prayers made under the Right to Information Act, 2005.”

Case Briefs High Courts

Delhi HC orders Meta Platforms Inc., Telegram to block mobile numbers, delete groups, created to defraud people under mark ‘SEQUOIA, ‘SEQUOIA CAPITAL’

“The users are being re-directed to website www.leadleacoin.com, an alleged bitcoin and cryptocurrency exchange, which is not linked with plaintiff. It appears to be an illegitimate website, intended to be used as ploy to induce users to invest substantial sums of money, being drawn using “SEQUOIA” mark.”

Case Briefs High Courts

[Anti Conversion Law] Allahabad HC rejects pleas filed by Hindu-Muslim couples for protection of life, due to non-compliance

Allahabad High Court allowed the petitioners to prefer fresh writ petition in case they solemnize marriage after following the due procedure of law

Case Briefs High Courts

Delhi High Court dismisses appeal by wife on failure to establish shared household in Domestic Violence claim

On perusal of the definition of “shared household” and the provisions of Sections 17 and 19 of Domestic Violence Act states that to show “shared household” the parties must show the place where they have lived together in the past.

Case Briefs High Courts

‘Excommunication from entire community violates right to live with dignity under Article 21’; Calcutta High Court orders costs of Rs. 1,50,000/-

The Calcutta High Court recognised the issue involved in the present matter transcendence beyond a mere legal dispute, as it involved the petitioner’s fundamental rights.

Case Briefs High Courts

Calcutta High Court grants conditional permission for Sit-in-Demonstration in front of Sourav Ganguly Cricket Coaching Camp

Calcutta High Court tasked the respondent authorities with ensuring the safety of participants and passerby on the demonstration dates, preventing untoward incidents or breaches of peace.

Case Briefs High Courts

Income Tax| Calcutta High Court dismisses appeal challenging Re-assessment Order; Says same can be challenged before Appellate authority

Calcutta High Court held that the dismissal of the writ petition does not bar the appellant from pursuing these issues in the appellate process.

Case Briefs High Courts

Calcutta High Court upholds Arbitration Clause; directs parties to resolve dispute arising from distributor agreement through Arbitration

The Calcutta High Court emphasised on the doctrine of “kompetenz-kompetenz”, granting the Arbitral Tribunal the authority to rule on its own jurisdiction, including the existence and validity of the arbitration agreement.

Case Briefs High Courts

Court barred from taking cognizance of defamation on police report, it can only be taken on complaint filed by aggrieved party: Delhi High Court

“It is also the case of complainant that the accused persons including the petitioner had been defaming the complaint regularly through social media and the social media posts of the alleged incidents are even available on internet till date.”

Case Briefs High Courts

Read why Orissa HC altered brother’s conviction from S. 307 to S. 326 IPC for shooting arrow at brother and causing grievous injury

“The ‘intent’ under Section 307 of the IPC cannot be determined solely by the severity of the harm done to the injured.”

Case Briefs High Courts

Bar on grant of anticipatory bail in cases under SC and ST Act not absolute when alleged offences, prima facie, not made out: Orissa HC reiterates

The Orissa High Court granted anticipatory bail to a doctor for his apprehension of arrest in a case related to medical termination of pregnancy, where a premature baby girl was born.

Case Briefs High Courts

Husband is a healthy man and can earn money, thus liable to maintain his wife: Allahabad HC upheld Family Court’s order

Allahabad High Court said that no evidence is produced during trial that the wife is living in adultery. Also, if the husband wants to show the wife is living in adultery, he can move application under Section 127 CrPC for adequate relief.

Case Briefs High Courts

Delhi High Court holds South Asian University to be out of the purview of ‘State’ and thus not amenable to writ jurisdiction

The interpretation of the term other authority has evolved over a period of time where the judicial dictum, at various instances has decided for inclusion or exclusion of various authorities under Article 12 of the Constitution of India.

Case Briefs High Courts

Calcutta High Court upholds legality of trial proceedings; dismisses Revision due to advance trial stage and absence of prejudice

Calcutta High Court invoked Section 465 of the CrPC, emphasizing that no finding, sentence, or order shall be reversed unless a failure of justice has been proven.

Case Briefs High Courts

‘Child suffers most casualty in custody battle, loses everything due to polarization of familial relations’; Delhi HC modifies father’s visitation rights

“Even if the mother is less capable financially, she becomes no less competent to ensure the welfare of the child, and the father will still be under an obligation to ensure the financial well-being of the child.”

Case Briefs High Courts

Granite stone is “stone” under Entry 109 as not processed in any manner, and taxable at 5%; Allahabad HC upholds Tribunal’s order

Allahabad High Court noted that Entry No. l09 specifically includes “stone” with the caveat that the same shall not include glazed stone, marble and marble chips.

Case Briefs High Courts

‘No tax recovery can be made when GST Tribunal not constituted’; Patna HC imposes cost of Rs 5000 on GST Assessing Officer for ‘coercive’ tax recovery

“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”

Case Briefs High Courts

‘No demonstrated legal infirmity or non-compliance with Section 30(2) of the IBC found’; NCLAT upholds Resolution Plan approval

The NCLAT held that the commercial wisdom of the CoC was considered paramount, and no interference was justified.

Case Briefs High Courts

Bona fide necessity to run business from a place will be decided by landlord; tenant cannot resist eviction dictating landlord alternative places: Rajasthan HC

“The petitioner/tenant is not able to demonstrate the extreme hardship caused to him upon vacating the premises in dispute. The litigation has consumed 10 years and thus, the hardship suffered by the respondent/landlord is more than the tenant.”