High Courts Archives

Cross-Border Adoption situation not envisaged by Indian adoption laws; Karnataka HC directs CARA to consider issuing NOC to child adopted in Uganda.

The High Court stated that rights of child adopted by Indian Citizens in Uganda, which is a non-signatory to Hague Convention, cannot be left marooned.

Case Briefs High Courts

Prior sanction for prosecuting a public servant can be taken even at the time of conclusion of trial; Gujarat HC rejects bail of retired IAS officer

“In the recent times, there was an increase in socio economic offences in the country. These are the offences which are solely committed for personal gains. These crimes are affecting every part of the country’s economic structure and wrecking the people’s faith in the system.”

Case Briefs High Courts

Chairman, MD, ED, of private banks are public servants; Telangana HC allows prosecution of officials under Prevention of Corruption Act

The Special Judge for CBI Cases, Hyderabad, failed to appreciate the facts and circumstances and held that respondents are not public servants and accordingly exonerated them from offences under the provisions of the Prevention of Corruption Act, 1988.

Case Briefs High Courts

Delhi High Court restrains use of mark ‘Wow Punjabi’ being identical/deceptively similar to mark ‘Wow! Momo’

Plaintiff, Wow Momo made out prima facie case for grant of ex parte ad interim injunction and balance of convenience also lies in favour of plaintiff.

Case Briefs High Courts

Employees vulnerable to temptation must stay away from government jobs: Punjab and Haryana High Court refuses anticipatory bail

Punjab and Haryana High Court refused to grant bail to the petitioner stating that “the petitioner’s vulnerabilities are his own failings. This court’s job is to do justice to all affected, impacted, and concerned.”

Case Briefs High Courts

Rajasthan High Court entertains appeal despite prima facie view on non-maintainability under MSMED Act

Rajasthan High Court decided to entertain the appeal due to the significant question of the application’s maintainability.

Case Briefs High Courts

Bombay High Court upholds grant of Rs 3 Crore compensation in domestic violence case

The High Court while upholding the quantum of compensation, agreed with the observation of the Trial Court that at the age of 55 years, the wife had lost her prospects vis-à-vis her personal life after being subjected to domestic violence from 1994-2008.

Case Briefs High Courts

Delhi High Court| Non-provision of accessibility features constitutes an offence under Right of Persons with Disabilities Act

The case of the Petitioners is that, though various rights have been recognized for ‘persons with disabilities’ under the RPWD Act, most films which are released in India are not catering to disabled persons, despite the said RPWD Act, having been enacted more than 5-6 years ago.

Case Briefs High Courts

No person shall be compelled to deposit firearms unless there is a specific written order against him: Allahabad HC

“This indicates that the judgements which have been passed by the highest court of state under Article 226 of the Constitution of India and are binding on all the authorities in the State are being conveniently overlooked and are not being followed.”

Case Briefs High Courts

‘AAI to ensure hopping flights to Bhopal from major cities in National Interest’; Meghalaya HC urges for flights to Bhopal on Friday and Sunday since Judges attend NJA

Due to the non-availability of direct flights, Judges and other Officials are forced to reach Bhopal via Delhi from Guwahati, which consumes more time and a wastage of money.

Case Briefs High Courts

[Delhi Excise Liquor Policy] Delhi High Court rejects PIL seeking removal of Arvind Kejriwal from Chief Minister post

The PIL filed in the Delhi High Court raises concerns about potential obstruction of due process of law and disruption of justice amidst legal proceedings against Arvind Kejriwal. The petitioner argues that allowing Kejriwal to remain in office could undermine fair administration of justice and potentially lead to a breakdown of the constitutional machinery in Delhi.

Case Briefs High Courts

Madhya Pradesh High Court advises youngsters to apply discretion while opting choices; grants protection to 19-years old couple

Madhya Pradesh High Court expresses concern on the choices that the youngsters are making these days and advice the need for discretion and awareness of societal implications.

Case Briefs High Courts

Article 21A mandates free and compulsory education up to 14 years, without the freedom to choose a specific school: Delhi High Court

The right available under Article 21A of the Constitution or under Section 12 of the RTE Act is only to free and compulsory education till the age of fourteen, not for being provided such education in a particular school.

Case Briefs High Courts

Separate sureties need not be insisted when there are several cases against an accused: Kerala HC

“Though the surety must be a sufficient surety, the quantum of the bond to be executed cannot be made to depend on the amount involved in criminal cases. Courts must of necessity, bear in mind that a criminal proceeding is not instituted to recover the money, if any, involved in a crime”.

Case Briefs High Courts

Orders passed by tribunals under Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also amenable to challenge under Article 227: Delhi High Court

The orders passed by the tribunals and the judicial acts by administrative bodies or authorities or persons exercising quasi-judicial functions are all amenable to challenge under Article 226 of the Constitution.

Case Briefs High Courts

[Eveready v Everyday] Delhi High Court grants ad interim injunction in favour of Eveready Industries for trademark infringement

The case arises from the alleged infringement of Eveready’s trademarks by the defendants. Eveready contends that the defendants’ use of the mark “EVERYDAY” for electric gas lighters is deceptively similar to Eveready’s “EVEREADY” trademark.

Case Briefs High Courts

Deputy Colonization Commissioner not empowered to make reference under Section 232 of Rajasthan Tenancy Act: Rajasthan High Court

Rajasthan High Court set aside the reference made by Deputy Colonization Commissioner, Bikaner.

Case Briefs High Courts

Article 30 does not give power to the State Government to establish Educational Boards; Allahabad High Court holds UP Madarsa Education Act unconstitutional

“A perusal of syllabus of the Madarsa Board shows that the education provided therein is only of languages and Islam as a religion with a little touch of maths etc. The modern subjects including science are only optional and entire school education can be completed without studying modern subjects.”

Case Briefs High Courts

Wife openly humiliating husband, calling him impotent in front of family members amounts to mental cruelty: Delhi HC grants divorce to husband

A wife’s withdrawal from matrimonial relationship unilaterally without any reason thereby depriving husband of conjugal bliss, since October 2013 till date, can only be inferred as an act of cruelty.

Case Briefs High Courts

Delhi High Court passes dynamic injunction in favour of Viacom 18, restraining rogue websites from illegally streaming IPL Events

It is essential for the legal framework to remain vigilant and responsive to challenges presented by digital piracy, ensuring that protections afforded to copyright and intellectual property are not only theoretical but also enforceable and practical in safeguarding rights and interests of rightful owners.