High Courts Archives

Calcutta High Court criticizes authorities for cryptic considerations and denial of due process in rejecting OBC certificate; orders fresh enquiry

The Calcutta High Court held the considerations by both the BDO as well as the Appellate Authority were extremely cryptic, and they shirked their responsibility by rejecting the petitioner's application.

Case Briefs High Courts

Bombay High Court dismisses challenge against Mahalunge-Maan Town Planning Scheme by calling it as a ‘premature petition’

The 55 petitioners in the instant matter claimed that they were denied compensation of lands acquired for public purposes.

Case Briefs High Courts

Wife leaving matrimonial house with traditional marriage ornaments cannot form basis for criminal case: Calcutta High Court

Calcutta High Court quashed the criminal proceeding pending before the Judicial Magistrate and all related orders.

Case Briefs High Courts

Delhi HC dismisses PIL seeking removal of blockades while travelling from Supreme Court Additional Building to Delhi High Court

The traffic authorities are the best judges to decide the issue of regulation of traffic in the city and the Court while exercising its jurisdiction under Article 226 of the Constitution of India cannot sit over as an Appellate Authority over the decisions taken by the traffic authorities for regulating the movement of traffic in the city.

Case Briefs High Courts

‘Performance cannot be both unsatisfactory and outstanding in same year’; Rajasthan High Court quashes adverse entries made in Annual Confidential Report

“It is duty of the Reporting Officer and the Reviewing Officer to take care not only that in their assessment of overall performance of the subordinate officer but also they are not influenced by any personal interest, bias or malice.”

Case Briefs High Courts

Delhi HC dismisses petition of a person suffering from ‘locomotor disability’ seeking to pursue MBBS course under PWD category

“Rejection of the disability contained the reason that the petitioner is suffering with Locomotor Disability which is a physical disability and the same is assessed as zero per cent, so no certificate is provided to the petitioner with respect to the disability suffered by him.”

Case Briefs High Courts

Delhi High Court directs Delhi Government to ensure availability of cloud storage services to Sub-Registrars for preservation of documents

“The Delhi Government is directed to ensure that the necessary systems and cloud service is made available to all the Sub-Registrars’ offices so that the documents can be preserved without a situation as arose in the present case being repeated.”

Case Briefs High Courts

Madras High Court directs State to provide employment to woman whose brother was victim of caste-based murder

Madras High Court rejected the argument that compensation has been already paid to the petitioner, thus the question of providing employment to the surviving daughter will not arise, as the petitioner is relying upon the provision of a Special Act.

Case Briefs High Courts

Postal Department is liable for fraudulent act committed by its authorized SAS Agent: Calcutta High Court

The Postal Department has a sacred duty in upholding Trust as the nation’s preferred carrier and guardian of savings.

Case Briefs High Courts

Delhi High Court grants injunction in favour of PUMA for alleged design infringement of its RS-X 3D Series shoes

The main grievance of the plaintiff is that defendant 2 has by adopting a trade dress for its BERKINS brand range of shoes which is nearly identical to the plaintiff’s RS-X range of shoes, sought to pass off its products as those of the plaintiff.

Case Briefs High Courts

Use of words like “Taliban”, “goonda” in news items is per se beyond the scope of guidelines issued by Press Council of India: Karnataka HC

Deliberating over a decade old case, the Court also noted that media being the 4th pillar of democracy should act like it, for it has a social responsibility to maintain peace, as publication of the news items have wide implication on the society at large.

Case Briefs High Courts

Mass burial of Kuki-Zo community: Manipur HC directs State and Centre to maintain status quo ante of land where burial was proposed

A big mob from both the communities had gathered in and around the land in question and at any moment violence would have taken place, hence the Acting Chief Justice took up the matter at 6:00 A.M.

Case Briefs High Courts

[S. 34 Arbitration Act] Delhi High Court refuses to interfere in Indian Railway’s plea regarding arbitral award being perverse

Indian Railway’s has failed to substantiate its grounds for setting aside the impugned Arbitral Award that the impugned award suffers from patent illegality and the findings therein are perverse and would shock the conscience of this Court.

Case Briefs High Courts

Bombay High Court | No ‘right to sue survives’ to the married daughter to claim for enhancement of maintenance in respect of deceased mother

The phraseology “right to sue survive” used under Order 22 Rule 1 means right to seek relief. The general rule is that cause of action whatsoever existing in favour or against a person at the time of his death survives to or against his legal representatives.

Case Briefs High Courts

MV Act | Multiplier method for calculating compensation also applicable in serious injuries; Kerala High Court

“The very purpose of adopting the multiplier method in Sarla Verma (supra) is to do away with the considerable variation and inconsistency in assessing compensation and also to bring uniformity and consistency.”

Case Briefs High Courts

Delhi High Court grants injunction in favour of Glaxo Group for its marks Betnovate-N, Betnovate-C, T-Bact, Cobadex, Zentel, Augmentin

“The comparison of the defendant’s and the plaintiffs’ marks will show that the defendant has not merely copied one mark or packaging but has deliberately adopted a series of marks, in packaging with almost identical colour combinations.”

Case Briefs High Courts

Notional increment cannot be denied on the ground that the person retired one day before the increment was due: Rajasthan High Court reiterates

“When the position of law is almost identical everywhere in the other States and when the benefit of Annual Increment is given to such employees, then denial of such benefits to the petitioners would amount to violation of their right of equality enshrined under Article 14 of the Constitution.”

Case Briefs High Courts

Old Pension scheme or contributory Pension Scheme, which will be applicable to Government servants appointed after 01-04-2003? Madras HC answers

Because of the retrospective operation of the new pension scheme, no employer or employee would have forethought that appointments made after 01-04-2003 would not be eligible for the old pension scheme.

Case Briefs High Courts

Read why Madras HC refused to declare cancellation of a man’s passport as illegal

Madras High Court said that the action taken by the passport officer cannot be faulted. If false particulars and false documents are given, the Passport Authority has no option but to impound the passport.

Case Briefs High Courts

Can an ex parte order be recalled by a necessary party that is a non-party to the case? Allahabad High Court answers

Apart from the statutory power of recall of an ex parte order conferred under the first proviso to Section 209 U.P. Revenue Code, 2006, every Court or Tribunal would have an inherent power to recall an ex parte order to secure the ends of justice.