High Courts Archives

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.

Case Briefs High Courts

Husband put on higher degree than wife is unacceptable; Calcutta High Court grants restitution of conjugal rights to wife

“It is a collective duty of both husband and wife to wither the trivial issues which are normal in a matrimonial life and mutual respect to the decision of each other appears to be the hallmark of the society. Even the Constitution recognises equality in gender and, therefore, the husband to be put on higher degree than that of the wife is unacceptable.”

Case Briefs High Courts

“Transfer an incidence of service; can’t be challenged without prejudice”; Rajasthan High Court refuses to interfere with transfer order

“An employee on the strength of the transfer policy cannot claim that he cannot be transferred in any manner whatsoever, even when no prejudice has been caused to him.”

Case Briefs High Courts

Equal Pay for Equal Work | Equality is not to be based solely on designation or nature of work; J&K and Ladakh HC reiterates

The High Court stated that that the person who asserts that there is equality in work has to prove the same first.

Case Briefs High Courts

Affidavit of Disclosure required to be filed by wife in maintenance cases, despite ex parte order on husband; Jharkhand High Court

Even if the proceeding was ex-parte against the petitioner, still the required affidavit was to be filed by the wife so as to find out her assets/liabilities/source of income etc.

Case Briefs High Courts

Rajasthan High Court permits ‘Genius College of Nursing’ to admit additional students in B.Sc Nursing Course for 2023-2024

Rajasthan High Court noted that both the State Government and the Rajasthan Nursing Council had retrospectively grant affiliation for 60 seats for the B.Sc Nursing Course.

Case Briefs High Courts

Calcutta High Court affirms Single Bench’s Interim Order protecting Daily Wage Workers from termination amid tender process

Calcutta High Court opined that the Single Bench had appropriately safeguarded the interests of both parties by restraining termination pending the final outcome of the writ petitions.

Case Briefs High Courts

‘Opposition Board is creation of statute which mandates how it should do its job’: Madras HC directs Patent Controller to forward papers to new OB for recommendations

“When the statute mandates what an authority shall consider, then it is obligatory for the statutory authority to consider those materials which the statute mandates”

Case Briefs High Courts

Examination system does not permit students being penalized for having poor handwriting: Delhi High Court

If the handwriting of a candidate is very poor, an individual examiner may be excused if she/he so observes, on the answer sheet. At the same time, if the handwriting is at all intelligible, the student is entitled to be marked for the answer.

Case Briefs High Courts

Read why Allahabad HC set aside CJM’s order taking cognizance of criminal conspiracy against Development Officer and SP in Public Toilet Scam

“Merely because the accused persons were holding some office, they cannot be tried for commission of any offence without any specific allegation of commission of any act on their part make out the ingredients of the offence.”

Case Briefs High Courts

Calcutta High Court directs West Bengal to fill Public Service Commission vacancies

Calcutta High Court emphasised on the importance of adhering to the standards set by the Supreme Court in selecting competent individuals for the Public Service Commission positions.

Case Briefs High Courts

[Section 129-E, Customs Act] | Tribunal has discretion to dispense obligation to deposit duty/interest or penalty in cases of undue hardships: Delhi High Court

Section 129-E of Customs Act, 1962 makes it obligatory to deposit the duty/penalty pending the appeal and if a party does not comply either with the main Section or with any order that might be passed under the proviso, the Appellate Authority is fully competent to reject the appeal for non-compliance.