High Courts Archives

Appellate Courts should choose acquittal over remand to safeguard rights of accused: Calcutta High Court

The prosecution failed to establish the misbranding of the “Red Label Natural Care Tea” beyond a reasonable doubt as the report of the public analyst, was not adequately proven.

Case Briefs High Courts

Parental Alienation from father who never showed any neglect is an extreme act of mental cruelty: Delhi High Court upholds divorce

“The child has not only been totally alienated, but has also been used as a weapon against the father. Nothing can be more painful for a parent to see the child drifting away and being totally against the father.”

Case Briefs High Courts

[Motor Accident Claims] Calcutta High Court enhances compensation due to extensive medical treatment and victim’s permanent disability

“The person who works in any field if his right hand suffered deformity that will definitely affect inconvenience, hardship, discomfort, frustration and mental stress in his life.”

Case Briefs High Courts

COFEPOSA Act | ‘Inordinate delay of 30 years’ compels Bombay High Court to quash 1993 detention order

“The satisfaction of the authorities based on conduct must precede action for prevention based on subjective satisfaction.”

Case Briefs High Courts

Delhi High Court restrains Jio Live TV and other rogue websites to telecast ICC Men’s Cricket World Cup 2023 matches

The World Cup matches form an important and integral part of the events over which the ICC exercises rights which have been licensed to Star India Private Limited. An injunction is called for in the present matter as these are one-day international matches and any delay in blocking the rogue websites would, result in considerable pecuniary loss and result in irreparable violation of the Broadcast reproduction rights.

Case Briefs High Courts

Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards

“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”

Case Briefs High Courts

Delhi HC suggests Ministry of Higher Education to provide uniform eligibility conditions for recruitment to various teaching posts

“The different eligibility conditions prescribed by different institutions under the same Board are not comprehensible as it keeps out large number of eligible candidates.”

Case Briefs High Courts

Accrual of cause of action at a place for pursuing substantive legal action, not a consideration for determining territorial jurisdiction u/s 11 of A&C Act, 1996: Delhi High Court

“As per Clause 31.16 of Letter of Intent between parties, place of arbitration was Faridabad (Haryana), which will be chosen as the seat, since seat has not been separately named and there are no other contrary indicia to show that place of arbitration is not intended to be seat of arbitration.”

Case Briefs High Courts

Calcutta High Court enhances compensation in motor accident claims case

The Calcutta High Court deleted the name of one of the claimants who had passed away, and condoned the delay in filing the appeal.

Case Briefs High Courts

‘Place billboard for penal consequences of sexual harassment within 3 months’: Orissa HC warns Authorities against non-compliance

“A toll-free telephone number and committed phone number shall be included in the display so that whenever or wherever a threat of sexual harassment is perceived by a woman, the same can be immediately reported to for seeking protection”.

Case Briefs High Courts

Delhi High Court| Delay in the handing over of the Right of Way is a material breach of contract if it affects the issuance of the Completion Certificate

The Court is not meant to act as a Court of first appeal and cannot supplant its view over that of the Arbitral Tribunal.

Case Briefs High Courts

‘Need to interpret Section 138 in a manner that preserves the law’s efficacy’: Calcutta High Court sets aside conviction

In the instant matter of cheque bounce, on the date of presentation of the cheque, the company which allegedly issued the cheque was no more existence.

Case Briefs High Courts

[Akasa Air] No absolute restraint; DGCA at liberty to act against pilots violating contract and Civil Aviation Requirement, 2017: Delhi High Court

“If during the pendency of this petition, in case a pilot acts in breach of the minimum contractual notice period as specified under his/her employment agreement, then such an action will be at pilot’s own risk and will remain subject to the outcome of the present petition.”

Case Briefs High Courts

[Perjury] | “Not every false statement is intended to be the subject matter of the prosecution”: Karnataka High Court

There must be prima facie case of deliberate falsity on a matter of substance and the Court must be satisfied and there must be reasonable foundation for the charge and the prosecution of the offender is necessary in the interest of justice.

Case Briefs High Courts

[MSMED Act] Interest for delayed payment allowed even if principal amount already paid: Jharkhand High Court

“The MSMED Act, 2006 is a beneficial legislation with an object to promote and develop micro, small and/or medium enterprises, and the interpretation regarding a reference for the interest component alone would be in consonance with the object of the Act”

Case Briefs High Courts

Period treated as ‘not spent on duty’ must be construed for back wages and not for seniority and promotion: Delhi High Court

“Subsistence allowance is not a largesse, but the statutory right of an employee, and any denial of the same would amount to violation of Article 21 of the Constitution.”

Case Briefs High Courts

Explained | Madras HC quashes FIR against Advocate accused of restraining Revenue Inspector from conducting a survey

“The legal profession involves fighting for the rights of the clients and the Advocate tends to react more aggressively even outside the Courts. This is a character which is developed by an Advocate by virtue of the nature of duty that he performs for his clients”.

Case Briefs High Courts

Delhi High Court dismisses PIL highlighting inaction of UGC in relation to Universities providing unspecified courses; Directs UGC for compliance with UGC Act, 1956

The PIL was filed highlighting the inaction of the University Grants Commission (‘UGC’) with respect to Universities/ Institution/ Colleges providing unspecified courses.

Case Briefs High Courts

Delhi High Court quashes FIR in light of amicable settlement between parties; directs accused to contribute woollen blankets to girls’ shelter home

“In view of the fact that parties have mutually settled their disputes, in order to put a quietus to the litigation pending between them, this Court sees no reason to continue the proceedings as no useful purpose will be served in doing so.”

Case Briefs High Courts

‘Blacklisting Orders passed for an indefinite period not permissible under law’: Allahabad HC sets out contents for notice

“The notice is required to state the grounds necessitating the action and the penalty proposed specifically and unambiguously and is also required to adhere to the principles of natural justice”