High Courts Archives

Calcutta High Court upholds conviction under Section 363 of IPC, acknowledging victim’s age and established facts of abduction

Calcutta High Court concurred with the trial court’s decision to acquit the accused under Section 366 of IPC due to absence of evidence supporting sexual assault.

Case Briefs High Courts

‘Incidental or non-essential observations do not constitute res judicata’; Calcutta High Court affirms dismissal of Order 7 Rule 11 application

Calcutta High Court noted that the mere dismissal of the first suit does not automatically render the second suit barred by res judicata.

Case Briefs High Courts

Misrepresentation and Extortion in POCSO case| ‘Using name of Judges for commission of offences brings disrepute to judicial system, shakes community’s faith’; Delhi High Court denies bail

“This case and order will serve as a reminder that general public shall not believe unscrupulous persons and give them money, even if they are assured that they will get some work done from within the judicial system by such payment.”

Case Briefs High Courts

Calcutta High Court overturns temporary injunction in Pre-emption case due to delay in immediate demand under Section 236 of the Mahomedan Law

Calcutta High Court acknowledged the importance of strict compliance with the requirements of Section 236 of the Mahomedan Law in pre-emption cases.

Case Briefs High Courts

No right to remain on Indian soil, if visa expires; Himachal Pradesh HC denies bail to man accused of committing offence u/s 14 of the Foreigners Act, 1946

“As per the result of the analysis, the substance found in the possession of the petitioner was confirmed to be heroin. Since, the petitioner did not produce passposrt and visa, offence under Foreigners Act, 1946 is added.”

Case Briefs High Courts

Calcutta High Court affirms legality of disciplinary proceedings; Emphasises limited scope of Judicial Review

Calcutta High Court found no violation of natural justice and emphasised that it cannot re-appreciate evidence in the exercise of judicial review.

Case Briefs High Courts

‘Ensures transparency, efficiency in State Departments’; Delhi High Court upholds MCD’s App-based Attendance System

“The decision to introduce a system implemented for enhancement of hospital administration is rooted in improvement of overall healthcare services to citizens of country. Employees are expected to align with these measures, recognizing linkage between compliance and smooth functioning of essential public services.”

Case Briefs High Courts

Bombay High Court | One Partner cannot refer a dispute to arbitration in the absence of the other Partners joining

The objection raised was on the ground that, although the applicants and respondent 2 formed a partnership to enter into the investment agreement with respondent 1, the notice invoking arbitration was issued only on behalf of the applicants and that respondent 2, despite being a partner, did not join in issuing the invocation notice.

Case Briefs High Courts

Invention applicable in business but primarily related to technical process is not a business method; Madras HC remanded patent application for reconsideration

“The monopoly claim is not in respect of a business method but in respect of a claimed invention deploying hardware, software and firmware for purposes of data privacy and protection”

Case Briefs High Courts

Social torture by spouse or leveling false allegation of having illicit relations outside marriage amounts to mental cruelty; Patna High Court grants divorce

“Alleging character assassination and to say that the husband shall be removed from service and further filing of domestic violence while alleging that the husband is in adultery, fornication, are serious allegations touching the character of respective persons.”

Case Briefs High Courts

Publicly harassing, alleging infidelity and portraying husband as womaniser in his office is an act of extreme cruelty: Delhi High Court upholds divorce

“Any successful marriage is built on mutual respect and faith. If either is compromised beyond a level, the end of the relationship is inevitable as no relationship can stand on half-truth, half-lies, half-respect and half-faith.”

Case Briefs High Courts

Calcutta High Court affirms rejection of stay application under Section 10 CPC; Allows simultaneous Civil and Criminal proceedings

Calcutta High Court stated that Section 10 CPC applies to suits in civil court, not proceedings under special statutes.

Case Briefs High Courts

Calcutta High Court emphasises adherence to competent court’s order; set asides Tribunal decision on appeal’s maintainability

Calcutta High Court observed that the Tribunal overlooked the direction issued by the High Court and failed to apply Rule 21 of the Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997, which grants flexibility in securing the ends of justice.

Case Briefs High Courts

Calcutta High Court rejects time-barred claim in arbitration dispute over alleged failure to deliver signed copy of award

The Calcutta High Court opined that the onus is on the award-holder to provide irrefutable evidence of delivery, and any doubt in this regard favors the award-debtor.

Case Briefs High Courts

Madhya Pradesh High Court upholds registered Proprietor’s independent rights in Scotch Whisky GI Case; Rejects impleadment order under GI Act

The legislative intent of the Geographical Indications of Goods (Registration and Protection) Act, 1999 is to protect registered GIs, and Section 21 is enacted to safeguard the rights arising from registration.

Case Briefs High Courts

SFIO not barred from investigating offences under IPC and conducting ‘further investigation’ after filing of investigation report: Delhi High Court

“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”

Case Briefs High Courts

Not permissible for High Court to convert lesser offence to serious offence in sentence enhancement appeal: Himachal Pradesh High Court

“The appellant submitted that the respondent was liable to imprisonment for not less than ten years and payment of fine of not less than Rs. 1,00,000. However, he was sentenced to undergo rigorous imprisonment for six months and payment of fine of Rs. 1,000.”

Case Briefs High Courts

‘Consider uploading fresh copy of film ‘Jawan’ with accessibility features on OTT platforms’: Delhi High Court to Ministry of Information and Broadcasting

“The Ministry of Information and Broadcasting shall call the producers of the films ‘Jawan’ and ‘Hi Papa’ for consultation and impress upon them the importance of providing these features at least in the OTT release for these two films.”

Case Briefs High Courts

Incentive cannot be given to promote societies’ mindset for light skin preference: Chhattisgarh High Court dismisses divorce appeal by husband

“Entire society of the human race needs to change the dialogue at home, which may not promote the fairness preference of skin.”

Case Briefs High Courts

‘GoI considered geographical terrains of Indian border and Army system across world’: Kerala High Court refuses interference with Agnipath Scheme

“While reducing the age limit from 21 years to 17½ years for recruitment as Agniveers, the Government has considered various aspects including the distinct and challenging geographical terrains in the borders of India and also the system of Army maintained in various world countries.”