High Courts Archives

Calcutta High Court dismisses application for appointment of Arbitrator; rules “May” in Clause 13 renders dispute resolution ambiguous

The Calcutta High Court emphasised the need for a clear and unequivocal expression of intent to arbitrate.

revised action plan on stubble burning in Punjab

‘Mechanical removal and Processing; Analysis of Hotspot Areas’; Read NGT’s suggestions to Punjab for revised action plan on stubble burning

“The action plan submitted by Punjab was expression of routine exercise of the State Departments, it lacked a definitive time schedule, proper linkages/ manifest system.”

Case Briefs High Courts

Complaint/FIR filed by second wife for offence u/s 498A of IPC against husband or in-laws will not be tenable: Chhattisgarh High Court

“It is vividly clear that when there are conflicting judgments of the Supreme Court of benches of equal strength, it is the earlier one which is to be followed by this Court.”

Case Briefs High Courts

Delhi High Court refuses to interfere with corruption proceedings against Jharkhand Mukti Morcha’s Shibu Soren

The accused is the President of the Jharkhand Mukti Morcha, a State Political party in the State of Jharkhand and a sitting Member of the Parliament in Rajya Sabha nominated from the State of Jharkhand.

Case Briefs High Courts

Delhi HC directs National Testing Agency to ensure uploading of final answer key prior to final declaration of result

“It was submitted that the exercise of re-examination of the answer keys after the final results were declared may have been avoidable but was undertaken bona fide, especially as a large number of objections were received even after the final result was declared.”

Case Briefs High Courts

Civil Courts have no jurisdiction to entertain the suits filed by app developers challenging Google’s Billing Policy: Madras HC

Madras High Court said that merely because Section 62 of the CCI Act, 2002 states that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law, it cannot be interpreted that any individual can institute proceedings in a Commercial Court alleging abuse of dominance, while completely ignoring Section 61 of the Act of 2002.

Case Briefs High Courts

Delhi High Court orders to permanently block websites defrauding people on pretext of recruiting for part-time jobs with Croma

“The impugned websites emulate the terms and conditions of use, privacy policy etc. displayed on plaintiff’s website www.croma.com, which amount to passing off of plaintiff’s copyright.”

Case Briefs High Courts

Calcutta High Court upholds conviction under the Prevention of Food Adulteration Act, 1954; orders immediate imprisonment and fine recovery

“Revisional jurisdiction is basically supervisory in nature and may be exercised only when there is glaring defect in procedure or there may be a manifesting error on a point of law, resulting in a flagrant miscarriage of justice.”

Case Briefs High Courts

Stipend for Junior Lawyers | Punjab and Haryana High Court issues notice to BCI, BCPH

The petitioners mentioned a scheme prevailing in Kerala High Court providing stipend/remuneration of Rs 3,000 to young lawyers.

Case Briefs High Courts

Calcutta High Court criticises trial court for allowing Counter-Claim after filing of written statement

The Calcutta High Court highlighted the importance of adhering to the legislative intent behind Rule 6A of Order 8 CPC to avoid multiplicity of proceedings and ensure speedy trial.

Case Briefs High Courts

Calcutta High Court upholds Appellate Court’s order on pre-emption rights and limitation

Calcutta High Court held that issue of limitation being a question of fact ought to have been raised before trial court and evidence ought to have been adduced.

Case Briefs High Courts

Action contrary to departmental rules not criminal misconduct by public servant: Kerala HC

“Mere conduct and action of the accused contrary to rules and departmental norms would not amount to criminal misconduct by a public servant.”

Case Briefs High Courts

Delhi HC directs Chairperson, DTC to file affidavit stating details of officer who appointed person suffering from colour blindness as a driver

“It is evident that the Delhi Transport Corporation appointed respondent, who is unfit for the position of a driver as he is suffering from colour blindness, merely based on the medical certificate issued by the Guru Nanak Hospital.”

Case Briefs High Courts

Minor girl kidnapped, 20-year-old boy in jail for more than a year; Punjab and Haryana HC pulls Punjab Police for callous approach

Punjab and Haryana High Court pointed towards the irresponsible and callous approach of senior police officer who were also the members of SIT.

Case Briefs High Courts

Delhi High Court refuses to quash S. 376 IPC FIR based on conduct of parties, misguided facts and misinformed religious conversion

Sexual violence against a woman should invite no tolerance, however, manipulating the system by the parties to a case under Section 376 IPC would equally need to be dealt with a stern hand and serious efforts should be made to address and remedy failings within the criminal justice system and through our society.

Case Briefs High Courts

‘No conviction solely based on accused’s statements under Section 313 of CrPC’; Calcutta High Court sets aside conviction

Calcutta High Court noted that the impugned notice has not been produced before the Court, thus not proved, the case’s foundation is wrong and thus not maintainable.

Case Briefs High Courts

“Vadodara boat capsize incident shocked conscience of public”; Gujarat HC while taking suo motu cognizance

12 Students and 2 Teachers of New Sunrise School in Waghodiya drowned in Harni Lake where 82 children had gone for picnic organized by the school.

Case Briefs High Courts

‘Real celebration will be if society follows ideals of Lord Ram’; Raj HC directs District Collector to ensure that in future roads are not blocked in name of religious celebrations

“It is ironic that while Lord Ram had created a bridge to approach Lanka, people have blocked the way resulting in a complete road-block and impasse.”

Case Briefs High Courts

Is wife entitled to know husband’s salary details to make a rightful claim of maintenance? Madras HC answers

By the impugned order, the State Information Commissioner directed the employer to furnish the information sought for by the wife. Challenging the same, the present writ petition was filed.

Case Briefs High Courts

Calcutta High Court establishes appeal’s maintainability under Order 43(1)(a) and Section 104 of CPC, refers to appropriate jurisdiction

Calcutta High Court referred the appeal to the bench with jurisdiction over first appeals from orders under Order 43(1)(a) passed by a regular court of civil jurisdiction, not by a special or commercial court.