High Courts Archives

Andhra Pradesh High Court grants bail to accused who allegedly stabbed Chief Minister YS Jagan Mohan Reddy in 2018

“Right to speedy trial is implicit in the broad sweep and content of Article 21 of the Constitution. A quest for speedy trial shall not remain as a desolate mirage but serve as an oasis.”

Case Briefs High Courts

Award by Facilitation Council without recording failure of conciliation or reference to arbitration void; Jharkhand High Court remits matter

Jharkhand High Court noticed that the Facilitation Council proceeded with an award, with no record of failure of conciliation or parties going for arbitration.

Case Briefs High Courts

Delhi High Court directs State prompt ex-gratia payment to COVID-19 victim’s family under Mukhyamantri Covid-19 Pariwar Aarthik Sahayata Yojana

The present case show that the husband of the petitioner had contracted COVID-19 and was admitted in the hospital on 25-04-2021 and his health condition did not improve thereafter, and he passed away after two months in the hospital itself only due to COVID-19 complications.

Case Briefs High Courts

Controller of Legal Metrology competent authority to fix jurisdiction of license; can restrict license to one city: Andhra Pradesh High Court

“The Gazette notification dated 07-05-2015 and proceedings 09-06-2016, are not violative of Article 19(1)(g) of the Constitution and do not infringe the petitioner’s fundamental to carry on his business in a particular District.”

Case Briefs High Courts

Charge sheet not invalidated/vitiated, if documents relied on by prosecution not filed along with it: Delhi High Court

“The right of an Investigating Officer for further investigation in terms of Section 173(8) of the Criminal Procedure Code, 1973 (‘CrPC’) is not taken away only because the charge sheet is filed under Section 173(2) of the CrPC against the accused.”

Case Briefs High Courts

‘No clarity on nature of action taken for removal of unauthorized religious structures’; Gujarat HC directs State to file fresh affidavit

“Out of total unauthorized religious constructions, the action was taken with respect to only 23.33 per cent of them”.

Case Briefs High Courts

Read why Madras HC refused to quash hate speech case against BJP State President K. Annamalai

This is another case which serves as a reminder to those in positions of power and influence whose words and deeds have a wider reach and impact on the citizenry of this country.

Case Briefs High Courts

Calcutta High Court upholds the co-owners’ right to enhanced compensation in Land Acquisition case

Calcutta High Court: In a consolidated writ petitions challenging the Collector, Land Acquisition’s order denying enhanced compensation to the petitioners based on

Case Briefs High Courts

Calcutta High Court condones 1452 days delay in filing appeal against acquittal; criticises CBI’s approach

Calcutta High Court acknowledged that due to the nationwide lockdown imposed by the Central Government arising out of COVID pandemic situation in the Country, followed by strict minimum attendance schedule followed in all the government offices, the movement of official work got inadvertently delayed.

Case Briefs High Courts

Calcutta High Court rejects appeal on compliance of Section 64VB of Insurance Act; directs dispersal of insurance claim

“Waiver is the abandonment of a right which normally every body is at liberty to waive. It is an intentional relinquishment of known right or advantage, benefit, claim or privilege which except for such waiver the party would have enjoyed.”

Case Briefs High Courts

‘Deliberate practice of trade mark squatting’; Delhi High Court grants permanent injunction to Volans Uptown LLC for its mark ‘Botanic Hearth’

“Registration of identical trade mark, specifically targeting the same class of goods raises a significant concern for potential confusion and deception among the public.”

Case Briefs High Courts

‘Right to health, heritage and culture must be harmonised and balanced’; Delhi High Court in a petition seeking to desist from demolishing religious structures

“The petitioner submitted that Dargahs and surrounding monuments ought to be protected as they are of historical, artistic and archaeological interest. Further, the sites in question have been noted in authoritative studies, thus eliminating any question of encroachments.”

Case Briefs High Courts

Unresolved factual ‘Factual disputes should be resolved during trial’; Calcutta High Court dismisses interlocutory application and Review motion

Calcutta High Court emphasised the need for caution in granting relief at the interlocutory stage, particularly when it resembles final relief.

Case Briefs High Courts

Date of e-filing final report, not the date on which hard copy is brought before Court, to be taken as date of filing: Madras HC

“In this digital era, it is too late in the day to claim that the e-filing of the final report cannot be construed as the date of filing and it is only the physical availability of papers that should be construed as the actual date of filing.”

Case Briefs High Courts

Fundamental right to travel abroad cannot be curtailed only because of default in loan payment: Delhi High Court

“Office Memorandum issued by Ministry of Home Affairs permits Banks to issue a request for opening a Look Out Circular, in exceptional cases, even if they are not covered by its guidelines, even in such cases, the same can be issued only if departure of such person is detrimental to sovereignty/security of India.”

Case Briefs High Courts

Madras HC sets aside ED’s attachment order for not being in accordance with law, making consequential actions unsustainable

Madras High Court noted that even in the counter, ED have not explained how the provisional attachment can be sustained on merits, in view of the sale in favour of the petitioners

Case Briefs High Courts

State first-responder to grievance put forth by citizens; ought to pass appropriate speaking orders addressing aggrieved employee’s concerns: Raj HC

“Rendering the representations preferred by the aggrieved employees mute, by way of non-consideration by the State, is reflective of conduct unbecoming of government servants who are tasked with the noble responsibility to serve the citizens.”

Case Briefs High Courts

Product-by-process claims must be examined on the anvil of a new and unobvious product: Delhi High Court

“There is an imperative necessity to balance the inventor’s interest and secure public interest and thus ensure that the claim does not travel beyond the invention itself.”

Case Briefs High Courts

Former Military Nurse an ex-serviceman under Punjab Recruitment of Ex-Servicemen Rules: Punjab and Haryana HC

The Court noted that the conditions for eligibility and benefits regarding reservations were the employer’s prerogative, which was not the Central Government in the instant matter but the Government of Punjab.

Case Briefs High Courts

Delhi High Court directs IBA to ensure that banks follow SOP regarding disclosing information to law enforcement agencies

“Srinivasarao, Senior Advisor, Indian Banks Association is sent notice to appear before the Court on the next date of hearing, i.e., 06-04-2024, so that the stand of all the Banks can be considered.”