High Courts Archives

IO being complainant should have refrained from investigating NDPS case: P&H High Court reiterates while setting aside conviction

Punjab and Haryana High Court set aside conviction due to laches in investigation in NDPS case of recovery of 145 Kg poppy husk.

Case Briefs High Courts

‘Being a married woman and accustomed to sexual intercourse, she could have protested or resisted’: Orissa HC while setting aside conviction u/s 376(2)(f)

The Court stated that if the victim, who is a grown-up woman and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her, the Court may find that there was no force, or the said act was not against her will.

Case Briefs High Courts

Mere use of word ‘arbitration’ or ‘arbitrator’ not enough to construe an agreement to be an arbitration agreement: Delhi High Court

“It is palpably clear that the language of the purported arbitration clause must evidence an unambiguous, explicit and unequivocal intention to refer the disputes to arbitration, leaving no room for doubt that parties chose arbitration as their only mode of resolution of disputes.”

Case Briefs High Courts

[Sexual harassment over Facebook] Uttaranchal High Court directs accused to plant fifty trees as a condition to drop criminal proceeding against him

“Looking to the nature and gravity of the offences and owing to the close relationship between the accused and the complainant, the Uttaranchal High Court exercising its powers under Section 482 of the Criminal Procedure Code, 1973, quashed the FIR.”

Case Briefs High Courts

[Gyanvapi Kashi Vishwanath case] Allahabad HC upholds Varanasi Court’s order directing ASI Survey of mosque premises

The Varanasi District Court had allowed an application of the four Hindu females who were seeking directions for the Director, ASI to undertake scientific survey/investigation/excavation of the Gyanvapi Mosque, excluding the areas sealed by the Supreme Court.

Case Briefs High Courts

Calcutta High Court dismisses PIL filed with private motive and direct interest in a Medical College’s establishment

Before entertaining a PIL, Court must diligently verify that the petition is genuinely rooted in public interest and not driven by personal vendettas or vested interests

Case Briefs High Courts

Provide column for ‘no religion’, ‘no caste’ in birth certificate applications: Telangana High Court directs State Government

“The right to freely profess, practice or propagate any religion, includes in it the citizens right to say that they do not believe in any religion, and they do not want to profess, practice, or propagate any religion. The State cannot compel the citizen to profess or declare that he belongs to one religion or the other.”

Case Briefs High Courts

Calcutta High Court upholds BPCL’s decision to suspend supplies in LPG distributorship amidst partnership dispute

The changes made in the supplementary partnership deed without the previous approval of BPCL are violative of Clause 21 of the distributorship agreement.

Case Briefs High Courts

[Principle of Judicial Propriety] Successive bail application needs to be decided by the same Judge on merits, if available at the place of sitting: Bombay High Court

If successive bail applications on the same subject are permitted to be disposed of by different Judges, there would be conflicting orders, and the litigant would be pestering every Judge till he gets an order to his liking resulting in the credibility of the Court and judicial discipline requires that such matter must be placed before the same Judge, if he is available, for orders.

Case Briefs High Courts

Dying Declaration | Section 32(1) of Evidence Act is an exception to general rule against hearsay evidence: Bombay High Court upholds conviction order against the accused

Bombay High Court clarified that the instant case was one based on dying declaration which may solely be made the basis of conviction after qualifying the test of truthfulness, voluntariness and free from suspicion and doubt.

Case Briefs High Courts

A fundamentalist Muslim cannot be equated with an extremist; J&K and Ladakh HC observes

The Court also observed that fundamentalism pertaining to a Muslim is merely someone who believes in the fundamentals of Islam and the same cannot have a negative bearing.

Case Briefs High Courts

Object of Arbitration Act’s Section 12(2) disclosure is to prohibit any continued Arbitrator-Party associations during proceedings: Calcutta High Court

Section 12(2) of the Arbitration and Conciliation Act, 1996 obligates the Arbitrator to remain neutral and to disclose to the parties any acts or omissions that are likely to fall foul of the mandate.

Case Briefs High Courts

Delhi High Court sets aside summon order issued to H&M in alleged violation of Legal Metrology Rules, 2011

An advisory dated 31-03-2017, issued by the Ministry of Consumer Affairs, Legal Metrology Division, states that loose garments which are sold would not constitute a ‘pre-packaged commodity’ in terms of the Legal Metrology Act, 2009.

Case Briefs High Courts

Here’s why Calcutta High Court stayed TMC’s proposed Political Protest and ‘Gherao’

Calcutta High Court restrained TMC respondents from carrying out a pre-planned “gherao” of the residences of the leaders of a particular political party.

Case Briefs High Courts

Women entitled to care and support from partners who contract second marriage under personal law: Calcutta High Court

Calcutta High Court set aside the impugned order and modified the maintenance amount to Rs. 6,000 per month.

Case Briefs High Courts

Calcutta High Court dismisses Nazia Elahi Khan’s PIL seeking restriction on Hate speeches

“…if, according to the petitioner, certain sentiments have been affected on account of certain speeches by certain individuals, law provides adequate remedy for redressal of such grievances.”

Case Briefs High Courts

Calcutta High Court gives directions to Eastern Railway in Baruipur railway station water body restoration case

Calcutta High Court directed that the responsibility of cleaning and maintaining the area be entrusted to Eastern Railway, with the cooperation of officials from the concerned district.

Case Briefs High Courts

Court does not require statutory sanction before permitting an award-holder to withdraw secured amount: Calcutta High Court

“Award-holder must be given the fruits of the victory unless the Court finds that the enjoyment may be deferred subject to the award-debtor securing the award pending a shot at having the award set aside.”

Case Briefs High Courts

Ram Navami Violence| Calcutta High Court directs immediate handover of investigation reports to NIA

Calcutta High Court held that “any further delay in complying with the solemn directions would be absolutely contemptuous.”

Case Briefs High Courts

PCPNDT ACT| Genuine Doctors suffer due to authorities’ non-application of mind and eagerness to act promptly: Gujarat HC upholds discharge order

The duty to maintain register and to keep copy of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 and Rules is enshrined on the owner and staff of the hospital not of the visiting doctors.