High Courts Archives

‘Returning Officer has power to alter election schedule’; Calcutta High Court directs to reschedule West Bengal Dental Council’s Election

Calcutta High Court emphasised on the importance of conducting the elections to avoid a “headless state of affairs” in the Council and to uphold the democratic process.

Case Briefs High Courts

Manipur High Court deletes its 2023 direction for considering inclusion of Meitei Community in Scheduled Tribe list

The Manipur High Court vide order dated 27-03-2023 directed the State to consider the inclusion of the Meitei Community in the Scheduled Tribe list, expeditiously, preferably within a period four weeks from the date of order.

Case Briefs High Courts

No recovery of excess payment from employee’s leave encashment benefit after retirement in case payment was made due to employer’s fault: Orissa HC

“The employer authority erred in deducting the excess payment made to the Government employee from his leave encashment benefits and thus, the action was not acceptable and the same was invalidated”.

Case Briefs High Courts

Calcutta High Court directs addressal of petitioner’s grievance regarding Teacher-in-Charge’s misconduct and fund misappropriation

Calcutta High Court emphasised on the importance of considering representations submitted by individuals, especially in cases involving allegations against authority figures within educational institutions.

Case Briefs High Courts

Delhi HC issues notice in PIL challenging constitutional validity of provisions of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

“By excluding persons engaged in cleaning of excreta with the help of protective gear from the definition of ‘manual scavengers’, has deprived them of the benefits pertaining to rehabilitation, scholarships, etc. for which they are equally eligible.”

Case Briefs High Courts

Delhi High Court | Student’s failure to upload Domicile Certificate does not bar Class XII CBSE Exam Appearance

Having applied to obtain the domicile certificate, ensuring that she received it before uploading her application for appearing in the Class XII examination was beyond her control. The law does not compel the performance of the impossible.

Case Briefs High Courts

Allahabad HC grants relief to Syed Wasim Rizvi for writing derogatory remarks against ‘adorable personalities’ of Sunni Sect in Ram Ki Janmabhoomi film

Syed Waseem Rizvi was former Uttar Pradesh Shia Central Waqf Board chairman has renounced Islam and converted to Hinduism. He has taken a new name, Jitendra Narayan Singh Tyagi after accepting Hinduism

Case Briefs High Courts

Delhi High Court grants ex parte interim injunction against Geetanjali Salon in copyright infringement case

Delhi High Court held that the plaintiff, PPL India, established a compelling case of copyright infringement against Geetanjali Salon, the defendants, with a clear imbalance of convenience favoring the plaintiff’s protection of intellectual property, an interim injunction is granted to halt the defendants’ unauthorized use of copyrighted materials.

Case Briefs High Courts

‘Heart breaking, nerve cracking incident’: Rajasthan HC grants Rs. 4 lakh compensation to a woman who gave birth to twins in middle of the road

“There can be no second opinion that preservation of human life is of paramount consideration. This is so on account of the fact that once life is lost, the status quo ante cannot be restored as resurrection is beyond the capacity of man.”

Case Briefs High Courts

‘Hospital deemed an ‘Industry’ under Industrial Disputes Act’; Delhi High Court affirms Rights of a ‘Workman’ in Hospital Dispute

Delhi High Court upholds Labour Court’s finding, affirming Hospital as an Industry under the Industrial Disputes Act, 1947 validating State Government’s referral authority, and confirming the continuous service of the workman.

Case Briefs High Courts

Special laws override general laws| Consumer Forums must adhere to Arbitration mandate under Multi-State Co-operative Societies Act: Calcutta High Court

Calcutta High Court noted that specific provision under Section 84 of the Multi-State Co-operative Societies Act, 2002 mandates arbitration for disputes involving members and the society.

Case Briefs High Courts

Andhra Pradesh High Court directs Chittor District Collector to ensure no illegal sand mining is permitted at bed of River Neena

“The PIL has been filed highlighting the inaction of the Mines and Geology Department and other agencies to check illegal sand mining being conducted by unscrupulous elements in the River Neeva in Chittoor District and particularly in SettiappamThangal Village, Ananthapuram Panchayat.”

Case Briefs High Courts

Calcutta High Court upholds public use presumption for pot dumping land; dismisses Permanent Injunction claim

“When damages have been paid for unlawful use of land then plaintiff, being a wrong doer, cannot claim equitable relief for wrongful use of such land, in respect of which he has no right, title, interest.”

Case Briefs High Courts

Punjab and Haryana High Court deprecates frivolous contest by State instrumentalities over appointment of arbitrators

Punjab and Haryana High Court commented that “Such an approach would defeat the intent and objective behind the incorporation of the Act of 1996, which provides for a speedy and efficacious resolution of disputes.”

Case Briefs High Courts

[NOVA v NOVYA Trademark Dispute] Delhi High Court grants permanent injunction in favour of Sterling Agro Industries

Sterling Agro Industries emerges victorious in the trademark clash between NOVA and NOVYA, as Delhi High Court decrees in their favor, enforcing a permanent injunction against the defendants and awarding litigation costs.

Case Briefs High Courts

Madras HC directs State to grant permission to lawyer to conduct an indefinite fasting demanding use of Tamil language in High Court

Madras High Court directed the petitioner to give an undertaking that he would not initiate violence while organising meetings in connection with his indefinite fasting and he should co-operate with the police to ensure law and order

Case Briefs High Courts

Madras HC permits State to conduct Formula 4 Race in Chennai Racing Circuit with highest degree of public safety

Formula 4 (F4) Indian Championship is a motorsport series of races in India sponsored by Racing Promotions Private Limited in collaboration with the State Governments. The F4 Indian Championship – Indian Racing League is being conducted in India for the first time in the year 2023 The drivers from across the world such as, UK, Switzerland, Australia, Malaysia and South Africa, are expected to participate in this event.

Case Briefs High Courts

Allahabad HC refuses to quash criminal case against AIMIM leader for allegedly trying to enter in a Mosque located inside the Police Lines premises to offer namaz

Allahabad High Court directed the Superintendent of Police, Pratapgarh to ensure that the further investigation of the case in question be completed as early as possible and to submit a report before the Court concerned.

Case Briefs High Courts

Calcutta High Court dismisses District Child Protection Officer’s revision application on failure to establish proceedings as frivolous or vexatious

Calcutta High Court emphasised that the power under Section 482 of the CrPC should be exercised sparingly and only to prevent abuse of process or to secure the ends of justice.

Case Briefs High Courts

Can Copyright Societies grant license under Section 30 of Copyright Act? Bombay High Court explains

The Court explained that the 1994 amendment was introduced for protecting and facilitating the exercise of owner’s rights and not restricting or diminishing them.