High Courts Archives

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Explained | Why Punjab and Haryana High Court halted Nuh demolition drive

The Court referred to Lord Acton’s words that “power tends to corrupt and absolute power corrupts absolutely”.

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Raids by officials of Eastern Coalfields not illegal: Calcutta High Court

Calcutta High Court quashed the criminal proceedings initiated against officials of the Eastern Coalfields.

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Superior court’s reversal/modification of a question of law forming the basis of a judgment cannot be a ground for review; Delhi HC reiterates

“In certain situations, it may be expedient to leave it to the arbitrator to determine the issue as to whether stamping is insufficient, and if so, the arbitrator will take recourse to Section 33 of the Stamp Act, 1889.”

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Delhi High Court | Courts must prioritise purpose of a statute over technicalities while deciding condonation of delay applications

The primary intent of the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 Act is to safeguard the rights of the unborn girl child and promote gender equality by curbing the misuse of diagnostic techniques for sex determination. Therefore, while deciding applications seeking condonation of delay, Courts should prioritize the Act’s underlying purpose over technicalities.

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Calcutta High Court rejects plea challenging Minimum Wage Advisory for Tea plantations in West Bengal

Calcutta High Court held that tea plantation owners cannot challenge Government’s Wage Enhancements after willingly accepting them for so long.

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Delhi High Court grants injunction against WOW MOMO from using WOW CHINA BISTRO marks

Delhi High Court observed that the composite mark CHINA BISTRO cannot be said to be lacking in distinctiveness, when seen as a whole, in the absence of any evidence or material to that effect led by Wow Momo Foods Limited.

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Bombay High Court decides deceased’s first wife’s entitlement after she was denied pension due to second wife

The Petitioner is 86 years of age today and though she is a legally wedded wife, she received no pension after the demise of her husband for 25 years only because the second wife Rukhminibai was paid the pension after the demise of the freedom fighter husband.

Case Briefs High Courts

Rajasthan High Court| Vehicle driven by deceased in course of employment to be compensated by Insurance company only under Workmen Compensation Act, 1923

“The liability of the Insurance Company will be restricted to that arising under the Workmen Compensation Act, 1923 and the owner will be liable to satisfy the remaining part of the award.”

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Tax Recovery| Purchasing dealer cannot be denied Input Tax Credit for selling dealer’s failure to deposit tax: Calcutta High Court

The Calcutta High Court held that respondent authorities should proceed against a defaulting selling dealer for tax recovery and not deny ITC to the purchasing dealer.

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[WhiteHat Jr v. Whitehat Sr] Delhi High Court grants permanent injunction to Whitehat Education Technology for its marks ‘WhiteHat Jr’, ‘W’; awards Rs. 9 lakhs costs

“Due to the fact that the defendant has not contested the matter, but compelled the plaintiff to file the present suit, by not agreeing to give up the infringing mark, despite being put to notice, the plaintiff is entitled to receive actual costs.”

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Sexual harassment victims under POCSO Act covered under Kerala Victim Compensation Scheme, 2017: Kerala High Court

Kerala High Court scrutinized the definition of ‘sexual assault’ and expressed that the same has to be construed as sexual offence against a victim, including sexual harassment.

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‘Policy framed by the Government is in national interest’; Delhi High Court dismisses plea against conversion of Ordnance Factory Board into Corporations

“The policy decision of the Government is aimed to enhance functional autonomy, efficiency and unleash new growth potential and innovation in Ordnance Factories. The re-structuring is aimed at transforming the Ordnance Factories into productive and profitable assets, deepen specialization in product range, enhance competitiveness, improving quality and cost efficiency.”

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For fixing inter se seniority, “date of appointment” of direct recruits should be considered: Delhi High Court

“The principle of determination of inter se seniority amongst direct recruits and promote officers makes it clear that for the purpose of fixation of inter se seniority, the date to be reckoned for the direct recruits is “the date of appointment.”

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FSSAI | Can Police, not being Food Safety Officers, investigate food safety matters punishable under IPC? Calcutta High Court examines

Calcutta High Court dismissed all the three criminal revision applications seeking quashing of the criminal proceedings and deemed them groundless.

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‘Animal Transportation Rules not followed’; Bombay HC upholds custody of animals to NGO

The animals were loaded 3-4 times beyond the capacity of the vehicles, no provision for first-aid equipment, fodder, and water in the vehicle.

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A woman has an identity that cannot be taken away depending upon her marital status: Madras HC directs police to ensure entry of a widow in temple

It is quite unfortunate that the archaic beliefs that if a widow enters a temple, it will cause impurity continues to prevail in this State. Even though the reformers are attempting to break all these senseless beliefs, it continues to be practiced in some villages.

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Delhi High Court dismisses PIL seeking implementation of Mental Healthcare Act in educational institutions

The Court passed no further orders considering the information provided in the Status Report and the measures taken by the authorities concerned towards the implementation of the Mental Healthcare Act, 2017.

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Madhya Pradesh High Court allows fresh adjudication on limitation issue in Arbitration appeal

Madhya Pradesh High Court held that the Trial Court failed to properly adjudicate the issue related to calculation of limitation period.

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Calcutta High Court criticizes authorities for cryptic considerations and denial of due process in rejecting OBC certificate; orders fresh enquiry

The Calcutta High Court held the considerations by both the BDO as well as the Appellate Authority were extremely cryptic, and they shirked their responsibility by rejecting the petitioner's application.

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Bombay High Court dismisses challenge against Mahalunge-Maan Town Planning Scheme by calling it as a ‘premature petition’

The 55 petitioners in the instant matter claimed that they were denied compensation of lands acquired for public purposes.