High Courts Archives

‘Law has more focus on reformatory side’; Tripura HC commutes death sentence to life imprisonment of a man convicted for murdering five people

“The sword of justice given to a Judge has to be exercise with utmost responsibility and judiciously considering the reforms.”

Case Briefs High Courts

‘No claim certificate’ by a party does not automatically render dispute non-arbitrable: Gujarat HC

“If the Court reaches a clear conclusion that there is not even a vestige of doubt that the claim is non-arbitrable, it may refuse to refer the dispute to arbitration, otherwise, the rule is to refer the dispute to arbitration”.

Case Briefs High Courts

Omission of disease’s name in amended claims expands scope of composition, exceeding specification set in original claim: Delhi HC refuses to grant patent

“It is not in doubt that the composition is at best a derivative and would be the same substance as the ‘known substance’, therefore, unless and until significant enhancement of therapeutic efficacy is shown, such a composition would not be liable to be granted patent protection.”

Case Briefs High Courts

[Higher Judicial Service Examination] Rajasthan HC directs Examination Cell to constitute an Expert Committee of eminent Jurists/Professors for examination of copies

“Getting few answer-sheets evaluated by an Expert Committee would do justice not only to the Examinees, but to the Examiners as well.”

Case Briefs High Courts

Calcutta High Court finds no illegality or material irregularity in DRAT’s order; reiterates High Court’s jurisdictional limits under Article 227

Calcutta High Court reasoned that the High Court’s jurisdiction under Article 227 is not appellate in nature and cannot be exercised to correct mere errors of fact.

Case Briefs High Courts

Gujarat High Court directs NCLT Ahmedabad to permit use of electronic devices during hearings

A notice was posted outside the Court room by the NCLT, Ahmedabad prohibiting the use of mobile phones and other electronic devices.

Case Briefs High Courts

[Freedom Fighters Pension] Madras HC directs MHA to provide pension to ex-Army personnel who suffered imprisonment in Rangoon Jail in 1945

Madras High Court, while noting that the respondent is 94 years old, directed MoHA to comply with the order within a period of two months from the date of receipt of a copy of this Judgment.

Case Briefs High Courts

Calcutta High Court upholds validity of SEBI’s Exit Policy and SECC Regulations; directs Calcutta Stock Exchange to comply with SECC Regulations

“The SEBI has been established under SEBI Act as a statutory and regulatory body to protect the interest of the investors in securities and to promote the development of and to regulate the securities market and for matters connected therewith or incidental thereto.”

Case Briefs High Courts

[Sexual Harassment by Teacher] Delhi High Court holds recovery of overpaid salary invalid and denies increments

Delhi High Court bars the recovery of overpaid salary in a case involving teacher misconduct, citing unapproved suspension. However, increments are denied amidst allegations of serious nature.

Case Briefs High Courts

Whether RCCIIT amenable to writ jurisdiction? Calcutta High Court refers ‘issue of maintainability’ to Larger Bench

The Calcutta High Court referred the issue to a larger bench in order to ensure judicial discipline and uniformity.

Case Briefs High Courts

Free fight without any intent to humiliate a member of SC/ST not an offence under SC/ST Act: Jharkhand HC

Jharkhand High Court said that it was apparent that the incidence took place on 11-01-2008 for which the case and counter case were lodged.

Case Briefs High Courts

[IGNOU PGDCC Recognition Controversy] Delhi High Court upholds Central Government’s independent exercise in Contempt Jurisdiction

Delhi High Court upheld the Central Government’s independent exercise in contempt jurisdiction, emphasizing adherence to the original judgment’s directives and refraining from issuing supplementary orders. The decision underscores the judiciary’s cautious approach in contempt proceedings and affirms the sanctity of court orders.

Case Briefs High Courts

‘Life threatening nature of cardiac issues cannot be equated with other illnesses’; Delhi HC grants three months interim bail to PMLA accused having severe medical issues

“Each passing moment in the face of cardiac distress is fraught with the peril of irreversible harm, and in case of any eventuality that may occur in applicant not getting proper and specialised treatment, this Court will have to bear the weight of regret.”

Case Briefs High Courts

‘Controller must look into the substance of claim beyond choice of words of patent applicant’: Madras HC remands matter to Controller for de novo consideration

Madras High Court said that the Controller appears to have made short of his responsibility by merely extracting the priors he relied on but had not thought it fit to consider the explanations.

Case Briefs High Courts

Bombay HC upholds eligibility for the post of police sub-inspector from sports category as certificate verified during selection

Bombay High Court took note of the fact that the petitioner was already employed as a Police Constable under the ‘Sports Category’ much before the date of advertisement, which was on respondents’ record.

Case Briefs High Courts

Reasonable opportunity should be given to accused to fulfill conditions of bail: Orissa High Court

Bail was granted to the accused on 03-10-2023, however, the bail bond was not accepted by the Trial Court for a delay of three days in complying with the conditions of bail.

Case Briefs High Courts

‘Restoration of conjugal life’ cannot be imposed as a condition for anticipatory bail u/s 498-A of IPC: Patna High Court

“By way of judicial proceeding, an offence under Section 498-A of the Penal Code, 1860 can be compounded, but in the statute the offence has been made non-compoundable.”

Case Briefs High Courts

Gujarat HC directs GPSC to conduct separate interview for mother who was asked to travel 300 km

The Court directed the Gujarat Public Service Commission to conduct a separate interview for the woman within 15 days from the date of order.

Case Briefs High Courts

Calcutta High Court upholds promotion selection process; emphasises on minimum merit benchmarks beyond written test stage

Calcutta High Court held that the appellant at best can make an endeavour before the fact-finding forum because in exercise of writ jurisdiction, the High Court found no tenable and cogent ground on which the impugned judgment can be faulted.

Case Briefs High Courts

Maintenance order passed without filing statements of assets and liabilities by wife not illegal, if income not specifically denied by husband: Andhra Pradesh HC

“The petitioner submitted that the Trial Court erred in allowing the petition even without filing the statement of assets and liabilities and the respondent herself deserted the petitioner and yet, sought maintenance, therefore, she is not entitled to claim any interim maintenance.”