High Courts Archives

Magistrate duty bound to scrutinise complaint under Section 200 of CrPC, even if lodged by Public Servant: Calcutta High Court

Calcutta High Court stressed the importance of ensuring that the complaint is not false, vexatious, or intended to harass the accused.

Case Briefs High Courts

Calcutta High Court orders preliminary assessment of Juvenile Offender’s mental and physical capacity to commit offence

Calcutta High Court held that although the JJB conducted a preliminary assessment, it did not adequately assess the Juvenile’s mental and physical capacity to commit the offense.

Case Briefs High Courts

Sexual Assault Case | Investigating and Presiding Officers have duty to make victims comfortable before recording statements: Bombay High Court

On determination of age, Bombay High Court expressed that “When there is still margin of four years, it cannot be said that the girl was not a “child” as defined under Section 2(d) of the POCSO Act.”

Case Briefs High Courts

Delhi High Court refuses to exercise jurisdiction by invoking the doctrine of forum conveniens

“The issuance of the letter dated 10-05-2016 from Delhi can, at best, be said to constitute a ‘slender part of the cause of action’ and cannot be determinative of the question as to whether this Court ought to entertain the petition.”

Case Briefs High Courts

“Question of claiming maintenance does not arise when wife is staying in adultery”: Karnataka High Court

In view of the wife’s “conduct and dishonesty”, the Court dismissed revision petition filed by the wife seeking to set aside the order of the Sessions Judge setting aside her monetary maintenance and compensation.

Case Briefs High Courts

Himachal Pradesh HC directs DGP to comply with POCSO Act for protecting identity of victim

“This Court must record its concerned about the manner, in which, the mandatory provisions of Section 33(7) of the Protection of Children from Sexual Offences Act, 2012 are being violated, with impunity.”

Case Briefs High Courts

Social reservations need not be maintained by Educational Institution administered and managed by Minorities: Madras High Court

“State Government is within its right to impose the threshold cap of admitting students from minority community to 50 percent”

Case Briefs High Courts

Pre-Deposition Certificate by Controlling Authority under Section 7(7) of Payment of Gratuity Act, 1972 enables employer to file appeal without actual deposit: Calcutta High Court

Calcutta High Court acknowledged that LIC had indeed transferred the amount and issued a certificate to employer, enabling them to file the statutory appeal.

Case Briefs High Courts

Caring for one’s parents is inherent compassion, a choice beyond compulsion; Calcutta High Court quashes criminal proceeding against wife

While allowing the revisional application, Calcutta High Court quashed the impugned proceeding on the ground of lack of substantial evidence to prima facie substantiate the offenses against the wife.

Case Briefs High Courts

Significance of socio-cultural activities cannot be ignored: Delhi High Court permits Dussehra celebration at district park

“What in fact, is a matter of concern is not a ban of these activities but to work out the mechanism to ensure that the programs are held in a regulated manner without causing any harm or damage to the environment.”

Case Briefs High Courts

Calcutta High Court upheld BL&LRO’s permission to private party for conducting Durga Puja on disputed land

Calcutta High Court held that since the party have been conducting Durga Purja on the said land for so many years, therefore, no question arises of asking for permission from others except BL&LRO.

Case Briefs High Courts

Prohibition on cut flowers import through all airports, except for Chennai, not arbitrary against traders in Delhi-NCR region; aims to fortify nation’s biosecurity: Delhi High Court

“Biosecurity constitutes an integral facet of national security. The inadvertent introduction of invasive alien species or harmful exotic pests, whether through flowers, fruits, vegetables, or other pathways, poses a grave threat to the country’s native agricultural produce and, by extension, its agrarian economy.”

Case Briefs High Courts

Delhi High Court criticizes Authorities for abusing procedure of booking venue for Ramlila and Dussehra Mela

“The basic requirement of Article 14 of the Constitution is that any action of the State must be non-arbitrary in essence and substance. It is the heartbeat of fair play and State actions are amenable to judicial review to the extent that the State must act validly for a discernible reason and not whimsically.”

Case Briefs High Courts

[Asian Games 2023] Delhi HC upholds disassociation of Chief Coach from the ongoing National Coaching Camp for Indian Kabaddi Team (Boys) due to sexual harassment allegations

“The High Court would be empowered to exercise the powers when it finds that the decision impugned is so arbitrary and capricious that no reasonable person would have ever arrived at.”

Case Briefs High Courts

Allahabad High Court upholds CAT order directing Union Government to grant notional promotion to Railway employees from 2018

Clause-7 of the letter dated 12-09-2013 provides that those serving on deputation may not be normally returned to their parent establishment, is not a rule to disable the promotions or to disable repatriation

Case Briefs High Courts

WYNK v. TIPS Copyright Battle | “Statutory licenses under Section 31D restricted to traditional non-internet-based radio and television broadcasting and performances”; Bombay High Court affirms Single Judge order

Wynk claimed that Section 31D covers all kinds of dissemination that may be encompassed by the phrase “broadcast” or “communicating to the public”, but does not expressly say anything about the internet, does not prohibit or forbid internet-based services, radio-like or not.

Case Briefs High Courts

Telangana High Court upholds CRPF personnel’s termination on grounds of mental illness and depression

“In an organisation like CRPF, which is India’s largest paramilitary Force, a member with a mental condition cannot be expected to perform his duties with utmost commitment and discipline.”

Case Briefs High Courts

“Arbitrator can interpret contract, but cannot travel beyond four-corners of contract and rewrite its terms and alter nature”: Orissa HC

Arbitrator is a Judge chosen by the parties and his decision is final as long as it is founded in fairness and justice and an award cannot be passed on the ipse dixit of the arbitrator.

Case Briefs High Courts

Delhi High Court vacates stay on termination of Delhi Legislative Assembly Fellows

“The Supreme Court has declined to stay the Order dated 05-07-2023. Therefore, propriety demands that this Court ought not have passed any interim order which had the effect of staying the Order dated 05-07-2023 and other consequential orders.”

Case Briefs High Courts

Read why Madras HC granted ad interim injunction in favour of Sangeetha hotels, restraining franchisee from using ‘Geetham’ mark

Madras High Court said that the apprehension of Sangeetha Hotels that the public would be misled into believing that the respondent is nothing but old wine in a new bottle stands prima facie proved.