High Courts Archives

Section 43(4) of Arbitration and Conciliation Act, 1996 does not create new window after expiry of limitation: Calcutta High Court

“The limitation for filing an application will start to run from the day when the cause of action accrues regardless of the existence of an arbitration clause.”

Case Briefs High Courts

No bar which can restrict landlord from beneficial enjoyment of his property: Allahabad HC upholds order directing tenant to vacate premises

“A tenant or the Court cannot direct the landlord how and in what manner he should live/ arrange affairs. There is no bar which can restrict a landlord from beneficial enjoyment of his own property”

Case Briefs High Courts

Over-crowding of emergency wards must be circumvented to make best medical assistance available to critical patients: Delhi High Court

“The Court took cognizance of the necessity to upgrade and enhance the overall infrastructure facilities in the government hospitals, in particularly the emergency wards.”

Case Briefs High Courts

Merely because wife is earning, does not automatically operate as absolute bar for awarding maintenance: Delhi High Court

“Maintenance pendente lite/permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The phrase “sufficient for her or his support” has to be interpreted to mean that applicant is able to maintain with reasonable comfort and standard of living which applicant was accustomed in matrimonial home.”

Case Briefs High Courts

Madras HC directs Registrar to cancel trade mark registration granted to Khoday breweries for ‘Red and White’, being similar to well-known mark of Godfrey Phillips

“once it is concluded that the earlier trade mark is a well-known trade mark, the registration of an identical or similar trade mark is not permitted if the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or reputation of the earlier trade mark”

Case Briefs High Courts

‘Proposed changes will expand ambit of Suit’; Orissa HC rejects amendment of plaint for incorporation of prayer for partition in 27-years-old dispute

“The suit was instituted in 1996 and was at the fag end of the trial. The Defendant’s cross-examination was ongoing and if the proposed amendment is allowed, it will change the nature and character of the suit.”

Case Briefs High Courts

Calcutta High Court mandates Police Picket at deceased INC political worker’s wife residence to ensure Peace and Security

The instant matter involves allegations of police inaction and need for protection of wife of deceased political worker associated with the Indian National Congress following political violence during West Bengal Panchayat Election 2023.

Case Briefs High Courts

Bombay High Court dismisses appeal against conviction for murder of his wife based on child witness’ testimony

Mere accompaniment of uncle to visit court for recording statement under section 164 of CrPC is not good ground or submission to hold that the child was tutored.

Case Briefs High Courts

Chhattisgarh High Court commutes death sentence of man convicted for killing his parents over ideological differences

“Murder was committed by him by 3 gunshot injuries to each of them, hence no doubt, such heinous crime should be deprecated and no amount of criticism can be given to such gruesome act, that too, of his own father and mother.”

Case Briefs High Courts

Delhi High Court imposes 10 lakhs cost on father of a minor student for availing EWS benefits by misrepresentation; Issues directions for RTE compliance

The present case reflects a tormenting situation where the opulent class is putting in blood, sweat and tears to reap the benefits of EWS reservation at the expense of the economically marginalized candidates. A calculated attempt at subverting the cherished constitutional vision of education for all is under scrutiny in this case.

Case Briefs High Courts

Orissa HC grants bail to a woman accused under PMLA considering pre-trial detention of 1 year and delay in completion of trial

“The Court, recognizing the significant delay in trial commencement and the uncertainty around its duration, granted bail to the accused and also extended the benefit of the proviso to Section 45 of the PMLA.”

Case Briefs High Courts

Delhi High Court directs Voltranic India Lubricants to pay Rs. 1 lakh cost to Castrol Ltd. for infringing its ‘CASTROL’ mark

“Copying of so many marks, labels, packaging, and containers is a deliberate act on defendants’ behalf to gain monetarily by selling counterfeit products.”

Case Briefs High Courts

Calcutta High Court upholds Bank’s right to take disciplinary action against employees for proven misconduct

“Any misconduct on the part of the bank employee/ officer can be meted out with disciplinary action in accordance with the service rules and regulations.”

Case Briefs High Courts

Rajasthan High Court grants bail to man accused of providing confidential military information to Pakistani Intelligence

“This lethargic attitude of the prosecution is seriously violating the fundamental right of the speedy trial of the petitioner as guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo.”

Case Briefs High Courts

Domestic Violence Act focuses on providing immediate relief to victims through maintenance, not Imprisonment for non-payment of maintenance: Delhi High Court

“The Domestic Violence Act was enacted to offer certain civil remedies to the victims of domestic violence. These remedies encompass an array of protective measures, residence orders, and monetary reliefs, designed to address the multifaceted nature of abuse.”

Case Briefs High Courts

Madhya Pradesh High Court quashes FIR in contractual dispute due to ‘lack of specific allegations and delay in lodging complaint’

Madhya Pradesh High Court emphasised that a purely civil dispute should not be converted into a criminal prosecution.

Case Briefs High Courts

Jurisdiction for Appeal against denial of Succession Certificate by Civil Judge lies with District Judge, not High Court: Allahabad HC

“The legislative intent in providing for an appeal before a District Judge in case of an order passed by an inferior court upon investiture of jurisdiction under Section 388 (1), is also clear from the emphasis in the language of the proviso where it states, ‘and not to the High Court’.”

Case Briefs High Courts

Directions for investigation u/s 156(3) CrPC cannot be given mechanically by Magistrate; application of mind necessary: Delhi High Court

“Magistrate is not bound to direct investigation by police even if all allegations made in complaint disclose ingredients of cognizable offence. Each case must be viewed depending upon facts and circumstances involved therein.”

Case Briefs High Courts

Illegal Sand mining on Kathajodi | “False affidavit by Collector; permission of mechanized mining”; Orissa HC rebukes State, warns legal action

“Even after knowing the situation, the authorities did not take care of and attempted to control the situation, rather it appears that they have hands in glove with the lessees involved in illegal mining, for the reasons best known to them.”

Case Briefs High Courts

“No Anticipatory bail when Investigating Officer does not intend to arrest”; Madhya Pradesh High Court directs cooperation in Investigation

Madhya Pradesh High Court warned the appellants of consequences, including contempt of court, for non-compliance with the directions.