High Courts Archives

‘A treatment that is worse than the disease’; Delhi HC refuses prior censorship of any publication on Facebook regarding Rohingyas

“Where an Act provides a complete machinery for redressal the aggrieved party is not permitted to abandon that machinery to invoke jurisdiction of the High Court under Article 226 of the Constitution.”

Case Briefs High Courts

Calcutta High Court upholds accused directors’ liability under Negotiable Instruments Act, 1881; set asides warrant against company for being a juridical person

Calcutta High Court held that a juridical person cannot be physically apprehended, and such an order is not executable.

Case Briefs High Courts

Disproportionate Assets | Calcutta High Court quashes FIR citing insufficient evidence and income assessment error during ‘Check Period’

“Section 482 CrPC, 1973, iterates the inherent power of the Court, which is extraordinary in nature and assiduously to be exercised to prevent the abuse of the process of any Court or otherwise to serve the ends of justice.”

Case Briefs High Courts

Conclusive Report of Central Drugs Laboratory u/s 25(4) of Drugs and Cosmetics Act, 1940 supersedes Government Analyst’s report: Himachal Pradesh HC

“The report of the Central Drugs Laboratory, Kolkata clearly shows that the sample was found to be conforming to the standard laid down, hence, the case of the prosecution that the Drug did not conform to the standard has been falsified by this report.”

Case Briefs High Courts

No conviction for causing miscarriage if there is no expulsion of embryo or foetus from the mother’s womb: Chhattisgarh HC

“Since miscarriage itself has not been proved beyond doubt, the other ingredients that Appellant 1 did that act with such intention and the miscarriage caused the death of woman and without the consent of woman are absolutely missing.”

Case Briefs High Courts

Bombay HC delivers split verdict in a case challenging IT Rules establishing Fact Check Unit

The petition was filed by political satirist Kunal Kamra along with the Editors Guild of India, the Association of Indian Magazines and the News Broadcast and Digital Association.

Case Briefs High Courts

Installation of mobile tower is not public utility service u/s 22A(b) of Legal Services Authority Act: Raj HC

“Jaipur Development Authority wrote to the petitioner that NOC was granted to it for the location near Shanti Marriage Garden, but the tower was installed elsewhere against the terms and conditions of the NOC.”

Case Briefs High Courts

‘File affidavit on Internal Complaints Committee’s mechanism ensuring no manual intervention or pressure’: Gujarat HC to GNLU in sexual harassment case

GNLU was directed to disclose the measures taken by the ICC to ensure that the complaints lodged before the Committee reach them without any manual intervention or external pressure.

Case Briefs High Courts

Delhi High Court dismisses plea to grant injunction to Lotus Herbals for mark ‘Lotus’ against Deepika Padukone’s brand ‘Lotus Splash’

“The products are completely dissimilar in appearance with a wide difference in the prices of the products. A consumer who uses such products would be aware of the difference between ‘Lotus Splash’ and plaintiff’s lotus family of products.”

Case Briefs High Courts

[Palani Temple dispute] Non-Hindus cannot be allowed inside temple without written undertaking: Madras HC issues directions

“The Hindus also have fundamental right to profess and practice their religion freely and propagate their religion without interfering in their way of practice. Therefore, the Hindus have right to maintain their temples as per their customs, practices and Hindu Religious and Charitable Endowment Department is having duty to protect the temples from such unwanted incidents”

Case Briefs High Courts

Delhi High Court upholds Legitimacy of GST Anti-Profiteering Mechanism with a Cautionary Note on Potential Arbitrary Exercises of Power

The Court clarified that there may be cases of arbitrary exercise of power under the anti-profiteering mechanism by enlarging the scope of the proceedings beyond the jurisdiction or on account of not considering the genuine basis of variations in other factors such as cost escalations on account of which the reduction stands offset, skewed input credit situations etc.

Case Briefs High Courts

‘Examination of exact testing methodology beyond purview of judicial review’; Calcutta High Court upholds tender process

Calcutta High Court affirmed tender issuing authority’s expertise in interpreting the tender document and underscored the limited scope of judicial review in such matters.

Case Briefs High Courts

Know why Karnataka High Court held a pillion rider liable for contributory negligence towards her accident

The High Court also held that the claimant is entitled to only 80% of the total compensation amount determined and is also not entitled for compensation towards loss of future earnings due to disability.

Case Briefs High Courts

Calcutta High Court directs fresh consideration of Insurance Claim due to ‘Arbitrariness and palpable illegality in repudiation process’

Calcutta High Court upheld the maintainability of the writ petition under Article 226, given the challenge is on the grounds of arbitrariness and illegality in the repudiation process.

Case Briefs High Courts

Accused cannot claim statutory right of default bail on the ground that investigation qua other accused was pending: Supreme Court in DHFL Fraud Case

Supreme Court noted that the right of the investigating officer to pray for further investigation in terms of Section 173 (8) is not taken away only because a chargesheet is filed under Section 173 (2) against the accused.

Case Briefs High Courts

Gag orders should be passed to prevent substantial risk to fair trial; Delhi High Court imposes cost of Rs. 10,000 on a man seeking gag order against newspapers

“One has to carefully see the nature of the publication and find out as to the content of the publication will cause prejudice to the trial of a case or not.”

Case Briefs High Courts

Patna High Court rejects PIL filed by a teacher seeking exemption from attending LLB classes due to his employment in a school

“There is no public interest either in the exemption from classes for LLB course sought for or the prayers made under the Right to Information Act, 2005.”

Case Briefs High Courts

Delhi HC orders Meta Platforms Inc., Telegram to block mobile numbers, delete groups, created to defraud people under mark ‘SEQUOIA, ‘SEQUOIA CAPITAL’

“The users are being re-directed to website www.leadleacoin.com, an alleged bitcoin and cryptocurrency exchange, which is not linked with plaintiff. It appears to be an illegitimate website, intended to be used as ploy to induce users to invest substantial sums of money, being drawn using “SEQUOIA” mark.”

Case Briefs High Courts

[Anti Conversion Law] Allahabad HC rejects pleas filed by Hindu-Muslim couples for protection of life, due to non-compliance

Allahabad High Court allowed the petitioners to prefer fresh writ petition in case they solemnize marriage after following the due procedure of law

Case Briefs High Courts

Delhi High Court dismisses appeal by wife on failure to establish shared household in Domestic Violence claim

On perusal of the definition of “shared household” and the provisions of Sections 17 and 19 of Domestic Violence Act states that to show “shared household” the parties must show the place where they have lived together in the past.