High Courts Archives

Public Interest precedes Private Interest; Gujarat HC rejects plea to standstill housing redevelopment scheme of 32-year-old society

When a redevelopment scheme is in the interest of public at large, the entire project cannot be put to a standstill at the behest of few persons (14 petitioners) when 75% of the occupants have consented to the redevelopment process.

Case Briefs High Courts

Allahabad HC grants bail to road accident accused on a condition that he stands near AIIMS holding placards and distributes helmets

Allahabad High Court said that joy ride of four friends converted into a tragic ride, wherein one friend died. The applicant and other co-accused appears to be negligent as they, despite being adult boys, have not discharged their duty to help injured friend in order to provide proper medication.

Case Briefs High Courts

Criminal proceedings under S. 376 IPC and POCSO cannot be quashed based on compromise entered between accused and victim, Allahabad High Court reiterates

Allahabad High Court said that the power of quashing criminal proceedings should be exercised very sparingly and with circumspection and that too in rarest of the rare cases.

Case Briefs High Courts

Appellate Court can make any just consequential and incidental orders while deciding appeals u/s 373 CrPC: Orissa High Court

The Court clarified that the appellate Court’s power to make just consequential and incidental order in appeals u/s 373 CrPC includes the power to stay the operation of other proceedings.

Case Briefs High Courts

S. 353 IPC not to be used as a tool to cover outright illegality; Bombay High Court quashes false FIR filed by State

Bombay High Court observed that the objective of Section 353 IPC is to prevent a public servant from not being obstructed while performing his lawful duties and same cannot be allowed to become a tool in hand, of unscrupulous persons to cover up outright illegality as done in the present case.

Case Briefs High Courts

Frame guidelines for providing adequate number of toilets and sanitary napkins dispenser facilities to girls in schools: Patna High Court

The Patna High Court opined that when guidelines for providing toilets and sanitary napkin dispenser facilities for girls in schools were issued, the District Administration or the local bodies could be entrusted with the establishment and maintenance of such facilities in a seamless manner.

Case Briefs High Courts

‘Child not comfortable with her mother’; Patna High Court upholds Family Court’s decision of giving daughter’s custody to her father

The Patna High Court observed that the daughter wanted to reside with her brother and father and was not comfortable in staying with her mother, thus, the Court upheld the Family Court’s decision of giving the daughter’s custody to her father.

Case Briefs High Courts

Electoral officers do not have any jurisdiction to search or seize any material before the announcement of elections: Karnataka High Court

Election officers had seized a sizable number of rice bags from the petitioner’s premises apprehending that petitioner was trying to get undue benefit in the upcoming Karnataka Legislative Assembly elections.

Case Briefs High Courts

Delhi High Court affirms Dart Properties Private Limited’s right to walk, take over and run cinema hall as Reliance Mediaworks subsidiary CVPL defaults Rs 50 Lakhs payment

The Delhi High Court observed that Cinema Ventures Private Limited, the defaulting entity, neither filed the undertaking as assured to the court nor made any payment but rather continued to be in the possession of the property.

Case Briefs High Courts

Delhi High Court upholds ban on flavoured/ scented Tobacco, Gutka, Pan Masala; holds ‘Ban’ is a policy decision not subject to judicial review

The Delhi High Court held that Pan masala, gutka or any other form of chewing tobacco is meant for human consumption will fall under the ambit of Section 3(1)(j) of Food Safety and Standards Act, 2006.

Case Briefs High Courts

Right to food under Art. 21 includes right to food with hygiene: Gujarat High Court dismisses plea to re-open Surat meat shops

The Gujarat HC has observed that right to freedom of trade may be a fundamental right, but not a carte blanche. The right to free trade in food items like meat, or any such food has to be sub-serving to public health and food safety requirements.

Case Briefs High Courts

‘Injured lawyer’s complaint cannot be dismissed because he has drafting skills’; Delhi High Court denies anticipatory bail plea

The Delhi High Court reprimanded the contention of the applicant stating that since the complainant was a lawyer and was, thus, well aware about nuances of writing a complaint and had, therefore, twisted the facts and police had lodged a false complaint against the applicant. It was opined that a person’s profession of being an advocate cannot be held against him.

Case Briefs High Courts

Objectionable Facebook comments against Lord Shiva: Allahabad High Court refuses to quash proceedings

Allahabad High Court said that offences of the kind that have a tendency to promote hatred between classes of people or communities, have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community.

Case Briefs High Courts

Patent infringement requires copying only ‘essential features’ of suit patent; Delhi High Court refuses to grant injunction

The Delhi High Court observed that “Dichotomizing the claims and the accompanying specifications is, therefore, contrary to the most fundamental canons of patent law.”

Case Briefs High Courts

Madras High Court directs Passport Office to process passport application of Sri Lankan refugee

A refugee is neither here nor there. His fate hangs in the balance. He is at some point above ground level in the air in a supportless state – Kraiavin tarkalat tamil akarati

Case Briefs High Courts

Pursuing Master of Law Program not to be considered as a break in practice of an advocate: Delhi High Court

The Delhi High Court holds that pursuing Master of Law Program would not be considered as a break in practice of an advocate as per Resolution No. 160/2009 passed by Bar Council of India. Further, the advocate is not required to suspend his enrolment to pursue the said program.

Case Briefs High Courts

[Aarey Car Shed Project] Sending text messages to IAS officer regarding preservation of trees does not constitute offence under S. 186 IPC| Bombay High Court

The accused had pleaded with IAS officer Smt. Ashwini Bhide to look for alternatives so that the trees in the Aarey Forest area, which he has stated to be about 3,500 in number, can be saved during the construction of a car-shed on the same land.

Case Briefs High Courts

Surrender of right to use spectrum before commencement of Finance Act, 2016, not chargeable to service tax; Delhi High Court sets aside service tax demand of Rs. 56 crores against MTNL

The Delhi High Court set aside the demand for service tax of Rs. 56 crores against MTNL holding that the surrender of any right to use the spectrum before 14-5-2016, the date on which the Finance Act, 2016 came into force, will not be chargeable to service tax.

Case Briefs High Courts

Ministry of Information and Broadcasting to conduct stakeholder consultation to make films disabled friendly; Delhi High Court on petition to subtitle movie ‘Pathaan’

The Delhi High Court directed the Ministry of Information and Broadcasting along with other relevant Ministries to hold the consultation with film producers, OTT platforms operating in India, television broadcasters, association of theater owners, organizations consisting of disabled persons, distributors of films and any other stakeholders it may consider appropriate.

Case Briefs High Courts

Resolution Professional under IBC is a ‘public servant’ under Prevention of Corruption Act: Jharkhand High Court

Jharkhand High Court clarified that Section 233 of Insolvency and Bankruptcy Code (‘IBC Code’) gives protection to a resolution professional from criminal prosecution for acts in good faith, and not where he has been apprehended red-handed with the bribe amount.