High Courts Archives

Drawback benefits available on gold exports despite non-payment of basic custom duty, if additional duty is paid during import: Delhi High Court

“Once the petitioner had paid the duties as contemplated under Section 3 of the Tariff Act, 1975, it could not be possibly contended that the goods were imported ‘duty free’.”

Case Briefs High Courts

Orissa High Court holds Daman Pratirodha Mancha to be an unlawful association as activities are akin and identical to Naxalite movements

“Every association has a right to protest against the act of the State Government within the meaning of the fundamental rights enshrined in the Constitution of India. But if it exceeds the limits in the name of protest, the same cannot be covered under the protective umbrella of the fundamental rights as enshrined under the Constitution”.

Case Briefs High Courts

Delhi High Court: Mere inadvertent mentioning or non-mentioning of surname in caste certificate cannot be labeled as impersonation or furnishing of false information

In case of an alleged mismatch of details of the candidate during document verification, the caste certificate ought to be read in conjunction with other documents.

Case Briefs High Courts

Decoding Madras High Court verdict on right of detenu to make effective representation against preventive detention order

“This right of a detenu to make an effective representation against a preventive detention order is a very sacrosanct and sanctus constitutional right and such constitutional safeguard is ingrained in Article 22(5) of the Constitution of India”

Case Briefs High Courts

Benefit under Vera Samadhan Yojana-2019 cannot be denied due to erroneous figures in Intimation letter of tax assessment: Gujarat HC

Vera Samadhan Yojana-2019 is a benevolent scheme floated by the State for the assessees to see that principal amount of tax is recovered on waiver of interest and penalty, if any, so as to reduce the future litigation.

Case Briefs High Courts

Authorities can prevent manufacturing, selling or immersion of idols made of plaster of paris: Madras High Court

Madras High Court rejected the argument of the respondent that the Revised Guidelines for Idol Immersion can be implemented only regarding immersion and not regarding manufacturing activity.

Case Briefs High Courts

Overloading includes “unauthorised use of electricity” under Electricity Act; Delhi High Court reiterates

In Southern Electricity Supply Co. of Orissa Ltd. v. Sri Seetaram Rice Mill, (2012) 2 SCC 108, Supreme Court held that where a consumer has used excessive load as against the installed load simpliciter and there is violation of the terms and conditions of supply, then, the case would fall under Section 126 of Electricity Act, 2003.

Case Briefs High Courts

Trial Court must not issue process in a mechanical manner by simply filling the blank spaces in the printed proforma: J&K and Ladakh HC

Issuance of process is a serious matter and should reflect application of mind on the part of the Magistrate, though it is not incumbent upon the Magistrate to explicitly state the reasons for issuance of process.

Case Briefs High Courts

Punjab and Haryana High Court reprimands couple seeking police protection for live-in relationship without divorce; imposes cost for abuse of process of law

Punjab and Haryana High Court tagged the instant petition to be an abuse of the legal process for covering up the petitioners’ illicit relationship on being caught.

Case Briefs High Courts

Delhi HC grants permanent injunction to Living Media India Ltd. for its mark “Aaj Tak”; restrains YouTube channels, social media pages/accounts/handles from using similar mark

“The plaintiffs have a family of marks all of which use the “TAK” suffix; therefore, the “TAK” suffix has become a source identifier of the marks of the plaintiffs and is, thus, the dominant part of the mark.”

Case Briefs High Courts

Bombay High Court restrains enforcing anti-suit permanent injunction order passed by Singapore High Court; Applied three-pronged test

At this juncture, examining whether the petition filed before the NCLT can be said to be a ‘dressed-up’ petition, would necessarily require a detailed exercise to be carried out by this Court to render findings either way clearly impinging upon the exclusive jurisdiction of the NCLT in deciding such a question.

Case Briefs High Courts

A frivolous PIL wasting precious judicial time; Delhi High Court dismisses PIL highlighting issues regarding use of EVs in India

The present PIL was filed by the petitioner based on two news reports, had there been some due diligence exercised and research done on the part of the petitioner, it would have been apparent that the issues raised by the petitioner in the instant PIL had already been addressed through relevant statutes, rules and notifications.

Case Briefs High Courts

In absence of examination of the party to a suit, facts deposed by the power of attorney holder cannot be relied upon: Chhattisgarh High Court

“The pleading made by respondent-plaintiff through the power of attorney holder in the plaint is to be examined as against the statement made by the power of the attorney holder as a witness.”

Case Briefs High Courts

Orissa HC acquits rape convict for lack of evidence and consensual relationship; desists two-finger test

“Two-finger test is no less than adding an unforgettable insult to an unhealed injury. The test violates the right to privacy, physical, mental integrity and dignity”.

Case Briefs High Courts

[LPG Cylinders Tender] Delhi HC upholds restriction to prevent single entity with common ownership from submitting multiple bids and monopolizing the market

“The aim of fostering diverse supplier base can serve as counterbalance to intrinsic challenges posed by oligopsonistic market. By discouraging market domination by single entity, tender conditions are designed to mitigate the risks associated with limited buyer options, thereby creating more level playing field for all market participants.”

Case Briefs High Courts

Calcutta High Court deems Arbitral Award void after termination of Arbitrator’s mandate under Section 29-A(4) of Arbitration and Conciliation Act, 1996

While cautioning the parties to the Arbitration proceedings, Calcutta High Court stated that parties should be vigilant in applying for extensions within the prescribed periods and dismissed the petitions seeking an extension of the arbitrator’s mandate.

Case Briefs High Courts

Calcutta High Court questions reopening of issue of nullity of eviction decree by Tribunal after it being settled in execution proceeding under Section 47 of CPC

In the instant matter, the West Bengal Land Reforms and Tenancy Tribunal reopened the issue of nullity of eviction decree and held that the land in question was vested with the State.

Case Briefs High Courts

“No express provision barring transfer in Public Interest”, Calcutta High Court upholds Anganwadi teacher’s transfer on negligence and misconduct

“When public services are disrupted due to an Anganwadi worker’s attitude, the Authority can make appropriate order commensurate with the situation for the interest of the public.”

Case Briefs High Courts

Read why Allahabad High Court granted bail to two Christian persons accused of Mass conversion of SCs & STs

Allahabad High Court noted that there does not appear to be any material to show that accused persons had used any undue influence or allurement to the villagers for mass conversion.

Case Briefs High Courts

Orissa HC vexed over Notaries issuing Marriage Certificates having no value in eyes of law

“Due to such extra-legal and dishonest arrangements by the Notaries, parties are made to believe that they are legally married when in fact their marriage does not have even the slightest of legal sanctity”.