High Courts Archives

Inability to bear a child is neither impotence nor a ground for dissolving marriage: Patna High Court

“Developing any disease during the continuation of marriage is not within the control of any spouse. In such a situation, the other spouse has a marital duty to co-operate and bear with it and help the other spouse.”

Case Briefs High Courts

‘Prosecution has a duty to explain delay in producing contraband and its condition’: Kerala High Court acquits convict under Abkari Act

Kerala High Court viewed that the conviction and sentence passed by the lower courts suffered from illegality and could not be sustained.

Case Briefs High Courts

‘Personal guarantor’s claim of getting right to be heard at belated stage not sufficient’; Delhi High Court dismisses petition, leaves matter open for NCLT

“If in the present case, the petition is entertained, it will eventually subvert the procedure laid down under the Insolvency and Bankruptcy Code, 2016 and the respondent in return will be denied the opportunity to present their case before the concerned NCLT.”

Case Briefs High Courts

Whether SEBI in exercise of powers under SEBI Act can prevent a bank from proceeding under SARFAESI Act, 2002? Delhi High Court analyses

SEBI is possessed with powers under the SEBI Act, 1992 to direct the petitioner bank in specific, and banks in general, regardless of them being registered with SEBI.

Case Briefs High Courts

[Persons with Disabilities] ‘Struggling to be heard’; Delhi High Court requests ASG to represent Centre for effective adjudication of matter

“This Court is saddened to see such a sorry state of affairs, where members of the petitioner Society, being persons with disabilities and, over and above everything else, being citizens of this Country having an order in their favour passed by a Statutory Authority in 2019, are being compelled to move pillar to post seeking implementation of their rights.”

Case Briefs High Courts

Complaint under S. 498-A, IPC filed by the second wife against the husband and in-laws cannot be maintainable: Karnataka High Court

The Court pointed out that ‘woman’ as per S. 498-A, IPC means and includes a legally wedded wife.

Case Briefs High Courts

Power to seal cannot be exercised unless expressly conferred by law: Bombay High Court

Bombay High Court expressed that sealing of premises is a drastic action which leads to tinkering with the substantive right to hold, use or occupy immovable property.

Case Briefs High Courts

WB Teacher Recruitment Scam| Calcutta High Court refers TMC leader Abhishek Banerjee’s plea against CBI-ED probe to the Chief Justice after ED’s objection

The ED raised preliminary objection for this Court to hear out the matter as per the Supreme Court’s order dated 28-04-2023 and the Assignment order dated 01-05-2023.

Case Briefs High Courts

PayPal is a ‘payment system operator’ under PMLA; Delhi High Court quashes monetary penalty imposed by Financial Intelligence Unit, India

All the elements of the transaction comprised or connected with a payment being effected between two parties would appear to fall within the scope of the expression ‘payment system’ as defined under Section 2(1)(rb) of the PMLA.

Case Briefs High Courts

Police SI Recruitment Exam| “No leniency with bail petitions of cyber-thugs”: Punjab and Haryana High Court

“If this scam had not come to light, so many corrupt and unethical people would have got appointed to the sensitive post of Sub Inspector by giving money.”

Case Briefs High Courts

Maternity leave is inherent Right of every Woman Employee and cannot be denied on Technical Grounds: Orissa HC

Denying a woman employee her basic human right to maternity leave would be an assault on her dignity as an individual and thereby offend her fundamental right to life guaranteed under Article 21 of the Constitution.

Case Briefs High Courts

WhatsApp status should be communicated responsibly; Bombay High Court rejects application for quashing of FIR under SC/ST Act

A person should behave with a sense of responsibility while communicating something to others and cannot justify the same through limited circulation.

Case Briefs High Courts

Madras High Court refuses to grant police protection for conducting Theemidhi Urtchava Celebration at Arulmigu Sri Rudhra Temple

The purpose of a temple is to enable the devotees to worship God for peace and happiness. However, unfortunately, temple festivals are perpetuating violence, and it is only becoming a center stage for groups to show who is powerful in the particular area.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Calvin Klein for marks ‘CK’, ‘Calvin Klein’, ‘ck one’ used for perfumes

“Testers are being sold by the defendants, Xeryus Retail (P) Ltd. masquerading them as perfumes of the plaintiff, Coty Germany GMBH for sale, thereby, luring customers into paying money for such testers which are otherwise, not to be commercially dispensed.”

Case Briefs High Courts

“If the Motive for Crime was Not a Casteist Attack, a Person Cannot Be Dragged for Offence Under SC and ST (Prevention of Atrocities) Act”: Gujarat HC

The SC and ST (Prevention of Atrocities) Act, 1989 is essentially meant for protecting the members of a SC and ST from atrocity or oppression, however, it cannot be allowed to be misused.

Case Briefs High Courts

Temporary, seasonal or short-term employment does not amount to unfair labour practice; Allahabad High Court denies relief to workman

Allahabad High Court said that it is not possible to hold that temporary employment for every seasonal increase in industrial activities as an unfair labour practice.

Case Briefs High Courts

[Hate Speech] Delhi High Court sets aside order directing registration of FIR on a complaint by IAS turned social activist Harsh Mander

Delhi High Court observed that keeping in mind the sensitive nature of the allegations and the fact that no evidence of communal disharmony had come on record during the preliminary inquiry conducted by police, the Court advises that the orders for registration of the FIR filed by any community should be passed with more circumspection.

Case Briefs High Courts

Is Mughal Mosque near Qutub Minar a protected monument? Delhi High Court directs ASI to produce 109-year-old records

“The Managing Committee of the Waqf Board contended that the Mughal Mosque situated near Qutub Minar did not fall within the protected monuments as notified by the Archaeological Survey of India in a notification dated 24-1-2014.”

Case Briefs High Courts

Read why Madras High Court denied conducting fresh preliminary inquiry against Former CM Edappadi Palaniswami in Highway Tender Scam

It is almost 73 years since the Constitution of India started governing this country and the harsh reality is that the Executive has almost lost its independence and it has virtually turned into an organ merely executing whatever is said/dictated/ordered by the political party, which is in power during the relevant point of time.

Case Briefs High Courts

Delhi High Court dismisses plea challenging the exemption given to Bajrang Punia, Vinesh Phogat from undergoing Asian Games selection trials

“The Writ Courts must not substitute their opinions to the opinions arrived at by the experts unless the Court is satisfied that the decision taken by the experts is perverse or illegal. The function of the Court is only to see that the decision has been arrived at in good faith and the experts have acted reasonably.”