High Courts Archives

Review application for Arbitrator’s appointment maintainable under Article 215 of the Constitution of India: Calcutta High Court

High Courts are superior Courts of records, and the power to review orders is not restricted by the provisions of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

‘Abrupt cessation might not be in best interest of patients’; Delhi High Court allows continuation of stem cell treatment for children with Autism Spectrum Disorder

“Medical advancements often encompass both known and unforeseen risks, and individual autonomy in making informed decisions about treatment options is the cornerstone of patient rights.”

Case Briefs High Courts

Calcutta High Court directs contemnors to pay Rs. 50, 000 and plant fruit-bearing trees for contempt of Court

“Plantation of trees is one such exercise which this Court would consider for countenancing contemnors’ act of contempt, because trees, for as long as they are alive, be it for decades or for centuries, would incessantly and silently provide multiple benefits to the people.”

Case Briefs High Courts

Delhi High Court sets aside order restraining Royal County of Berkshire Polo Club from using its polo player device mark

“The Appellate Court while hearing an appeal against an interim order ought not to disturb the prima facie findings, but it can substitute its own discretion when it is found that the Trial Court has exercised the jurisdiction in ignorance of settled principles of law.”

Case Briefs High Courts

[POCSO] Delhi High Court issues considerations for Courts while granting bail in sexual offences

While considering matters involving sexual offences, a Court must be mindful that the incidents of sexual violence have adverse effects on the overall growth and development of the said human being, thus it is in the interest of justice and society at large that proceedings are handled with due care and precaution, especially when the Court is dealing with an application for releasing the accused on bail.

Case Briefs High Courts

Decoding Allahabad HC verdict on right to eviction under Maintenance & Welfare of Parents and Senior Citizen Act

The DM as an appellate authority can ensure that no one should make any hindrance to a senior citizen to enjoy the property as per his ‘need’, and the right to eviction is the last step.

Case Briefs High Courts

Delhi High Court imposes Rs. 20 lakhs damages on rogue websites for illegally streaming the film ‘Brahmastra Part One: Shiva’

“Piracy of cinematograph films is one of the biggest causes for losses in the film industry. Thus, various legislative steps have been taken to curb piracy and recently, amendments have been carried out in the Cinematograph Act, 1952 to deal with piracy in a much stricter manner.”

Case Briefs High Courts

Day to day bickering between husband-wife does not amount to cruelty under Section 498A of the IPC: Calcutta High Court

Calcutta High Court held that there were latches on the part of the Trial Court in appreciation of evidence with regards to the alleged offence under Section 498A of the IPC.

Case Briefs High Courts

‘In a Force constituted for ensuring security of borders of India, discipline is paramount’; Sikkim HC dismisses plea of ITBPF constable challenging his order of compulsory retirement

“The authorities are best judges to maintain the discipline of the Force. Unless gross violation of natural justice or perversity in the quantum of punishment compared to the quantum specified is seen, it will not be wise to interfere in writ jurisdiction although the power of this Court is sufficiently wide to root out any illegality wherever found.”

Case Briefs High Courts

Payment of interest on cash loan falls considered unexplained expenditure under Section 69C of the Income Tax Act, 1961: Calcutta High Court

Calcutta High Court held that the order passed by the assessing officer under Section 148A(d) of the Income Tax Act was not a non-speaking order and did not suffer from a lack of application of mind.

Case Briefs High Courts

“Mother’s evidence is the best evidence in such cases”; Calcutta High Court upholds conviction under Section 377 of IPC in 3-year-old’s sexual assault case

Calcutta High Court held that there does not appear to be any discrepancies in the statements and evidence provided, therefore the same can be considered reliable and trustworthy, beyond all reasonable doubt.

Case Briefs High Courts

Karnataka HC upholds State Government’s February circular clarifying manner of reservation under Art. 371-J for candidates of Kalyana-Karnataka region

The Court in an extraordinary measure, also issued directions regarding vacancies pertaining to the Assistant Engineers posts

Case Briefs High Courts

Read why Madras HC upheld termination of man who obtained compassionate appointment as Junior Assistant in DPHPM

Madras High Court said that the false indigent certificate was issued when the petitioner was 30 years old, thus, he should be aware of the consequences of suppression of vital fact and obtaining a certificate based on such suppression. He cannot not claim ignorance. He cannot claim innocence and he cannot seek indulgence from the Court.

Case Briefs High Courts

WhatsApp message shows victim receiving Rs 5000 after alleged rape; Kerala High Court grants pre-arrest bail

The prosecution alleged that one accused brought the victim to a hotel, stupefied her by providing liquor and the two engaged in sexual intercourse with her.

Case Briefs High Courts

Revisional Court has power to rectify order of subordinate Revenue Court at any stage of the suit or proceedings: Allahabad High Court

To interpret ‘proceeding decided’ as entire proceedings and not a part of a proceeding would amount to restricting the exercise of revisional jurisdiction which is not as contemplated under Section 210 of UP Revenue Code.

Case Briefs High Courts

Telangana High Court discusses High Court’s power in deciding suit title under Article 226 proceedings; restricts State from dispossessing parties

The Division Bench said that the Single Judge ought to have appreciated the appellants' possession and the question of title could not have been examined.

Case Briefs High Courts

Allahabad High Court grants bail to man accused of raping live-in partner under false promise to marry

“The british concept of changing partner in every season cannot be considered to be hallmark of a stable and healthy society. The security and stability which the institution of marriage provides to an individual’s life cannot be expected from live-in-relationship.”

Case Briefs High Courts

Gender-specific legislations are not biased against opposite gender, rather address unique issues faced by a particular gender: Delhi High Court

“Irrespective of the gender-specific nature of a law, the judicial duty fundamentally requires unwavering neutrality and impartiality. The judge’s role is to objectively interpret and apply the law, free from any form of gender bias or predisposition.”

Case Briefs High Courts

Creating separate classification in appointments for better qualification will not violate fundamental rights of a person: Delhi High Court

“The Central Public Sector Enterprises are entrusted to work efficiently and generate profits for the government. For the same, the Public Enterprises Selection Board needs to appoint better qualified candidates to run and oversee the operations of the said entities.”

Case Briefs High Courts

[S. 376 IPC] ‘Status of applicant is merely of a suspect being innocent till proven guilty’; Delhi HC grants bail

The applicant behind bars will be violative of Article 21 as the status of the applicant is merely that of a suspect till the outcome of the proceedings emanating therefrom as the applicant is innocent till proven guilty.