High Courts Archives

Delhi High Court directs Centre, MHRD, Government of Delhi to implement policies on ‘skill learning, vocational training’ for children with special needs in letter and spirit

“The implementation of the programme/policies lies with the respective State Governments in collaboration with the Union Ministries and as such the implementation of the policies is effectively in the domain of the Government of Delhi.”

Case Briefs High Courts

Dowry Death by Suicide| Subjecting a woman to a life akin to a slave merely because of her marital status is an egregious injustice: Delhi High Court

The case at hand presents a tragedy, wherein the continuous demands of dowry made by the appellant pushed the deceased into a despair so profound that she felt compelled to take her own life. This serves as a reminder of how the forces of greed can often eclipse the sanctity of human life and the bonds of matrimony.

Case Briefs High Courts

Conviction for committing sexual offences no ground for denying benefit of furlough to an otherwise eligible prisoner: Delhi High Court

“Ironically, the concerned SHO in his report on one hand mentions that the petitioner’s behaviour is satisfactory, but in the same breadth, also mentions that he can have adverse impact on law, order and security in the area, without assigning any reasons.”

Case Briefs High Courts

Delhi High Court dismisses plea challenging appointment of Dr. Ishwarappa as Director of Morarji Desai National Institute of Yoga

“Petitioner has not provided evidence of such a nature that will compel the Court to override the presumption of regularity or question the legitimacy of Dr. Ishwarappa’s tenure as a Director of Morarji Desai National Institute of Yoga.”

Case Briefs High Courts

[Illegal Coal Levy Scam] ‘Actively participated in extortion racket, managed illegal cash’: Chhattisgarh HC denies anticipatory bail to alleged mastermind’s brother

“It is revealed during the investigation by Enforcement Directorate that the applicant is the brother and a close associate of the mastermind behind the present illegal coal levy scam and, is having strong links with politicians and businessmen in Chhattisgarh.”

Case Briefs High Courts

To what extent can Court interfere with arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996? Calcutta High Court determines

Calcutta High Court used the analogy of a doctor removing a poisoned leg to prevent the spread of poison throughout the body to illustrate the concept of severability in arbitral awards.

Case Briefs High Courts

Delhi High Court| Claim for refund of CENVAT credit cannot be negated in the absence of self-assessed return being questioned, reviewed or re-assessed

Unless the self-assessed return, as submitted had been questioned, re-opened or re-assessed and the assertion of the petitioner of the services rendered by it qualifying as an “export of service” questioned or negatived in accordance with the procedure prescribed under the Act, its claim for refund could not have been negated.

Case Briefs High Courts

Simple act of touch cannot be considered manipulation for penetrative sexual assault under POCSO Act: Delhi High Court

“Conviction can be made only on the basis of the testimony of the prosecutrix without any independent corroboration. However, in such case, the testimony of the prosecutrix has to be of a sterling quality.”

Case Briefs High Courts

Making unsubstantiated allegations and waging legal war against husband and his family member amounts to extreme cruelty: Delhi High Court sets aside divorce decree

“Additionally, the attempted mediation settlement was also violated by the wife, who only wanted to enjoy the monetary benefits arising out of the settlement but never wanted to fulfil her end of the bargain”

Case Briefs High Courts

Delhi High Court directs MCD to conduct regular monitoring of Azad Market, Delhi to identify persons violating fire norms

“In the future if stray individual cases of unauthorized and illegal construction are found dotting Azad Market, Delhi, petitioner may approach the Special Task Force constituted by the Ministry of Housing and Urban Affairs, Government of India.”

Case Briefs High Courts

[Forum Shopping] Filing anticipatory bail application, while a regular bail application is pending, is misuse of Court’s process: Allahabad HC

Allahabad High Court said that the applicant is used to filing multiple applications and petitions at various forums including the High Court. These acts are a classic example of forum shopping, and it cannot be permitted to keep on going so eternally.

Case Briefs High Courts

Bombay High Court refuses interim relief against production of Goodachari 2

“Ordinarily, once a finding is rendered that no prima facie case is made out, no discussion is warranted on the aspects of grave and irreparable loss and balance of convenience.”

Case Briefs High Courts

Delhi High Court upholds Delhi Electricity Regulatory Commission (Renewable Purchase Obligation and Renewable Energy Certificate Framework Implementation) Regulations, 2021

“Petitioner has not controverted this categorical assertion and never sent in any objections, comments, or suggestions in response to these draft regulations. Rather, at this stage, after finalization of the 2021 Regulations, challenge is being raised on non-existent and invalid grounds.”

rectification petition specific challenge trade mark

Case Briefs High Courts

[Oreo v. Fabio] Specific challenge to validity of mark to be made u/s 124 of Trade Marks Act, 1999 to ascertain prima facie tenability of challenge: Delhi High Court

“A party can only seek permission from a Court to reserve its rights to urge a challenge at a later point of time. For that, such rights must be in existence in praesenti, when the plea is made, or should be foreseeable as arising in the future.”

Case Briefs High Courts

[Contempt of Court] Allahabad High Court directs contemnors to annex copy of this order to disclose before Courts their previous conduct in future proceedings

“Court proceedings are formal proceedings which must be allowed to be conducted in a dignified manner without undue disruptions”

Case Briefs High Courts

Criminal Justice| Madhya Pradesh High Court directs integration of “SANDES APP” and ICJS for witness protection and improved communication

The overarching objective of the previously issued orders is to expedite the trial process and provide protection to victims and witnesses in heinous offenses.

Case Briefs High Courts

Explain pros and cons of medical termination of pregnancy in rape cases, in Hindi or English: Delhi High Court

“Medical termination of pregnancy involves mental and physical repercussions which may last for a lifetime and therefore, the procedure to be followed cannot be a routine or business-like exercise. The most vital strength in such cases can often come from doctors who examine such victim and explain to them the pros and cons.”

Case Briefs High Courts

Delhi High Court directs State, Delhi Jal Board and MCD to comply with Supreme Court directions for enforcement of PEMSR Act, 2013

The present petition was filed for strict enforcement of the provisions of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013. The issues involved in the present cases stand concluded on account of the judgment delivered by the Supreme Court in Balram Singh v. Union of India, 2023 SCC OnLine SC 1386.

Case Briefs High Courts

Armed with iron rod but gave leg and fist blows; Punjab and Haryana High Court grants pre-arrest bail in a murder case

Punjab and Haryana High Court noted ASI’s submission regarding absence of complaint against the petitioner regarding threatening the witnesses, as against the contentions.

Case Briefs High Courts

Delhi High Court imposes cost on Union of India for lackadaisical approach while dealing with a 96-year-old freedom fighter

A 96 years old freedom fighter has been made to run from pillar to post to get his rightful pension. The inaction of the Central Government is actually an insult to the freedom fighter who was declared as a proclaimed offender and probably his entire land would have been attached in the proceedings initiated by the British Government.