High Courts Archives

[SpiceJet v. Kal Airways] Delhi High Court upholds Arbitral Award of Rs. 270 crores; rejects SpiceJet’s plea

“The Tribunal provided reasons for the findings delivered, and there was no perversity apparent on the face of the record or which goes to the root of the matter. Therefore, the impugned Award could not be said to be patently illegal.”

Case Briefs High Courts

Delay of nine months in lodging of FIR by wife; Delhi High Court grants anticipatory bail to husband accused of rape, sexual harassment, cruelty

“During the said period of trial, there is no occasion for the applicant to keep him languishing behind the bars, as it would serve no purpose especially in view of the aforesaid and as it is a trite law that no person is presumed guilty until proven otherwise.”

Case Briefs High Courts

Critical omissions in Sentence Review Board’s consideration; Calcutta High Court directs to reconsider remission plea of man incarcerated for 23 years

The State Sentence Review Board failed to consider the petitioner’s behavior during incarceration, probation leave, and potential risks of recidivism and negative impact on the neighborhood while deciding remission application.

Case Briefs High Courts

Allahabad High Court directs medical examination of boy beaten up by police for obstructing traffic

Allahabad High Court directed the Commissioner of Police, Lucknow, to refer the victim’s case to the Chief Medical Superintendent of KGMU.

Case Briefs High Courts

No one should suffer indefinitely due to inaction in police verification for passport issuance: Calcutta High Court

Calcutta High Court decided whether the delay in issuing the passport is due to a lack of verification by the police authorities or if there are genuine concerns regarding the citizenship proof submitted by the petitioner.

Case Briefs High Courts

‘Sword of Damocles’ has been hanging for the past 17 years; Delhi High Court discharges show cause notices in contempt case against Tis Hazari Lawyers

The present contempt proceedings are pending adjudication since 2006 and all the alleged Contemnors have expressed their deep remorse and have stated that they have the utmost respect for the institution of judiciary and that it was never their intention to cause any distress or to do anything that could be construed as undermining the majesty and dignity of the Court of Law.

Case Briefs High Courts

Applying reduced commutation factor without considering corresponding basic pay is contrary to CCS (Commutation of Pension) Rules, 1981: Delhi High Court

“The Tribunal apparently failed to appreciate that the calculations made by the respondents overlooked proviso (b) to Rule 6 as well as Rule 8 of the Central Civil Services (Commutation of Pension) Rules, 1981 and commutation value expressed as number of years of purchase, prejudicial to the petitioner cannot be applied.”

Case Briefs High Courts

Continuous beating of drums day and night illegal; Calcutta High Court issues directions to regulate noise pollution during festivals

“It was the duty of the West Bengal Pollution Control Board to issue public notice prior to any religious festival or any congregation or any rally or any meeting sensitising the citizens about the relevant rules, which prohibit indiscriminate noise pollution.”

Case Briefs High Courts

No permanent injunction to Prestige after expiration of suit design; entitled to rendition of accounts against Gupta Light House: Delhi High Court

“The defendant’s pressure cookers are imitative of the suit designs of the plaintiff and the case of piracy under Section 22(1) of the Designs Act, 2000 exists, but due to the expiry, the suit design is now in the public domain and there can be no judgment or decree restraining use of the suit design by anyone.”

Case Briefs High Courts

“Holy Quran and Hadith say that husband has a duty to look after his wife and children especially when they are in disablement”: Karnataka HC

The Court further pointed out that the instant petition did not make a strong case for violation of rules of reason and justice.

Case Briefs High Courts

Bombay High Court grants bail to a man accused of killing live-in partner and cutting her body parts

Bombay High Court expressed that the identification of totally decomposed body of the deceased needs to be decided during the trial.

Case Briefs High Courts

Delhi High Court requests Chief Justice to formulate Division Bench for deciding issues relating to plurality of inventions u/s 16 of Patents Act, 1970

“The application could not have been rejected solely on the ground that the plurality of inventions was not specifically contained in the claim, and only in the disclosure contained in the complete specifications.”

Case Briefs High Courts

Read why Madras HC refused to quash criminal proceedings against actor and politician S.Ve Shekher for forwarding derogatory and vulgar comment against women journalists

We are now suffering from a virtual information diarrhoea where everyone is bombarded with messages. Hence, what is exchanged as a message on social media can have a very big influence within a short time. That is the reason as to why a person must exercise social responsibility while creating or forwarding a message.

Case Briefs High Courts

“Mere assumption of misuse cannot invalidate Section 10C of West Bengal School Service Commission Act, 1997”; Calcutta High Court upholds constitutionality

“Every service in the public employment unless forbidden by law is transferable.”

Case Briefs High Courts

Rail Neer Conspiracy | Delhi High Court refuses to quash FIR against errant IRCTC licencees for causing alleged loss to the government exchequer

The petitioners were duty bound to supply packaged drinking water of IRCTC’s brand called Rail Neer but instead have been supplying other packaged drinking water, a brand cheaper than Rail Neer, but claiming reimbursement at the rate of Rail Neer causing loss to the Government Exchequer.

Case Briefs High Courts

Taking recourse to ‘law’ would not amount ‘cruelty’; Delhi High Court dismisses petition of dissolution of marriage on account of cruelty

In the peculiar facts of the present case, taking recourse to law, cannot be, by any stretch of imagination, labeled as an instance of cruelty.

Case Briefs High Courts

“Matrimonial causes should be disposed of expeditiously on a war footing”: Karnataka High Court

The courts should make all efforts to try and dispose of matrimonial matters within 1 year so that in the event of granting such a decree, the parties may re-structure their lives.

Case Briefs High Courts

“Solemn duty to protect innocent persons”; Madhya Pradesh High Court issues directions to prevent criminalization of civil disputes

The Court took note of the growing tendency amongst the people to convert civil disputes into criminal prosecution so that accused may succumb to the wrath of procedure involved in the criminal cases and settle the matter which otherwise is the domain of Civil Courts.

Case Briefs High Courts

‘School Leaving Certificate has no independent evidentiary value in proving DOB of Rape victim’: Orissa HC

The Court found that there was absence of concrete proof of age of the minor victim, therefore, the charge under Section 6 of the POCSO Act was not proved, instead the appellant was convicted under Section 376(1) of the IPC.

Case Briefs High Courts

Circumstantial Evidence Acquittal: Why did Bombay High Court acquit a woman accused of killing her husband’s second wife?

The impugned judgment accepted the case of appellant being annoyed of second marriage, took her to the well to eliminate the deceased and strangulated her and thereafter threw her body in the well.