High Courts Archives

Allahabad HC partially sets aside arbitral award; Says Arbitrator’s dangerous precedent undermines sanctity of contracts and trust in arbitration

Arbitral proceedings are not cricket matches, where hitting beyond the boundary is usually rewarded

National Green Tribunal seeks response from States/ UTs on encroachment of forests

A news piece titled “Forest land five times Delhi’s geographical area under encroachment govt. data shows”, led NGT to take up the matter suo motu.

Case Briefs High Courts

Telangana HC permits Lord Sri Veera Hanuman Vijaya Yatra in Nirmal District; restricts playing music within 150m of mosques

Petitioner was directed to ensure that the persons with criminal antecedents did not participate in the Hanuman Vijaya Yatra.

Case Briefs High Courts

[Delhi Riots] ‘Aspects related to riot-like violence, burning of Delhi openly discussed in meetings’; Delhi High Court denies bail to Salim Malik

In the meetings dated 20-2-2020 and 21-2-2020 at Chand Bagh and again on 22-2-2020 and 23-2-2020, there were talks of finances, arranging arms, procuring of petrol bombs for killing of people and arsoning of property and destruction of CCTV installed in the area.

Case Briefs High Courts

[POCSO Case] | An award-winning National hockey player’s achievements earned through hard work, can’t be termed as ‘Influence’: Karnataka HC

The High Court granted anticipatory bail to noted hockey player Varun Kumar stating that he cannot be termed as influential person merely because he is an award-winning National Hockey Player.

Case Briefs High Courts

‘Right gets extinguished only if it is relinquished by process known to law’; Delhi HC rules in favour of Bhaktivedanta Book Trust in Copyright Infringement case

“There is also no other compelling reason why the claim should not be disposed of before recording oral evidence, especially since the trust deed by which copyright was assigned was registered and the defendant does not claim to be either the owner, assignee or licensee of the said right.”

Case Briefs High Courts

Rajasthan High Court stays cancellation of Rajasthan Madarsa Board Chairperson’s appointment

In the instant matter, the petitioner had filed a motion challenging the cancellation of the appointment and sought a stay due to violation of Section 7 of the Rajasthan Madrasa Board Act, 2020.

Case Briefs High Courts

Existence of ‘Mens Rea’ is essential requirement for conviction under Section 276CC of Income Tax Act: Rajasthan High Court

Rajasthan High Court held that the Income Tax Department failed to prove that there was ‘Mens Rea’, i.e., willful attempt to evade any tax, penalty or interest chargeable on part of the respondent.

Case Briefs High Courts

A Will must be the product of free volition; Conscience of the Court must be satisfied when genuineness of Will is questioned, says Bombay High Court

“When the genuineness of a Will is called into question, the conscience of the Court has to be satisfied that the Will is not only executed and attested in the manner required, but also that the same was the product of free volition of the executant.”

Case Briefs High Courts

Delhi High Court addresses Yamuna River environmental crisis on waterlogging and flooding; Issues directives

Delhi has been facing the fury of river Yamuna in spate year after year with last year, 2023, being particularly bad. Waterlogging, flooding and related collapse of civic services have become perennial issues.

Case Briefs High Courts

Adultery is a ground for divorce, and not a ground for refusal to grant child custody: Bombay HC

The Court, relying on several precedents, held that despite the proof of allegations regarding the wife’s extramarital affairs, custody of minor children can be granted to the wife.

Case Briefs High Courts

Suspension of democratically elected persons due to political vendetta weakens foundation of democracy: Rajasthan High Court

Rajasthan High Court held that passing of the suspension order casually in case of elected representatives adversely affects the public at large.

Case Briefs High Courts

Karnataka HC dismisses petitions challenging complete ban on sale of Hookah in any public place in the State

“It is a fact that a session of hookah is more harmful than a pack of cigarettes (…) If it is 200 puffs per session, it is equivalent to 100 cigarettes, in any of these sessions. Hookah, is, as addictive as a cigarette; as harmful as a cigarette; has the same chemicals as a cigarette”.

Case Briefs High Courts

Bombay HC quashes criminal case against Raj Thackeray over 2008 stone pelting incident

Aurangabad bench of Bombay High Court set aside orders refusing Thackeray’s discharge in case of abetment of violence

Case Briefs High Courts

Delhi High Court dismisses PIL seeking extraordinary interim bail for Arvind Kejriwal; imposes cost of Rs. 75,000

“Petitioner’s claim to be custodian and representative of the people of India, is nothing but a fanciful claim which is devoid of any basis.”

Case Briefs High Courts

Manohar Parrikar Institute for Defence Studies and Analyses is an ‘instrumentality of State’ under Article 12 of the Constitution: Delhi High Court

An entity is required to be tested on three parameters namely, (a) financial, (b) functional, and (c) administration for its inclusion as ‘other authority’ in Article 12 of the Constitution.

Case Briefs High Courts

Rajasthan High Court stays Single Judge’s directive on ‘Chaotic’ Cause List Segregation until a later date

Rajasthan High Court permitted the Registry to bring to the Chief Justice’s attention any inconveniences expressed by the Single Judge regarding the impugned order for consideration.

Case Briefs High Courts

3 years practice or 70% marks in bachelor’s degree mandatory for Civil Judge exam: MP High Court upholds validity of amendment in MP Judicial Service Rules

“The language used in the instant amendment is neither ambiguous nor calls for any interpretation. The expression used in the amendment is clear and cogent.”

Case Briefs High Courts

Madras High Court directs MoHFW to issue circular to all hospitals to find out blood alcohol level in drunk driving cases

Madras High Court after noting that the State Government is taking steps to conduct surprise checks, remarked that this will not stop the problem, and emphasised that assessing the level of alcohol in the blood at least in cases where accidents takes place should be made mandatory, as this will help the motor accident claims to be decided in a proper manner while determining the issue of negligence to be attributed in an accident.

Case Briefs High Courts

Gauhati HC directs State to file affidavit indicating results of tests conducted by Nodal Agencies to check formaldehyde use in imported fish

Though the State Public Health Laboratory; College of Fisheries; Gauhati University; Nagaon College; and Dibrugarh University had found chemical formaldehyde in fishes, the Fishery Department in its survey found all the samples to be negative.