High Courts Archives

Delhi High Court reprimands absolute bar on disclosure of RTI information to non-citizens for being contrary to the Constitution and object of RTI Act

The Delhi High Court stated that the Constitution of India conferred a large gamut of rights upon Indian citizens and there existed a smaller bouquet of rights which were also recognised and conferred in respect of non-citizens.

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No proper opportunity given to Defence Council for defending rape convict; Orissa High Court set aside conviction order

Orissa High Court said that a criminal trial is not an IPL T20 match where every ‘substitute player’ can be an ‘impact player’, engaging a new State Defence Council without providing him police papers is gross illegality.

Case Briefs High Courts

Allahabad HC frames Contempt charges against Kanpur Lawyers for continuing strike despite Court orders

7-Judge Bench of Allahabad High Court said that the Kanpur Lawyers by using abusive unparliamentary language and outrageous behavior during the strike period, scandalised and lowered the authority of the Court and undermined the sanctity of the Institution and the dignity of the entire district judiciary, have committed the contempt of Court.

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Meghalaya High Court upholds conviction of Ex- Meghalaya MLA Julius Dorphang for minor’s rape

The Meghalaya High Court said that society at large owes a huge apology to the brave young survivor for having failed one of its most precious and tender.

Case Briefs High Courts

Delhi High Court imposes fine of INR 50,000 for filing a petition with an oblique motive to vilify judges

The Delhi High Court held that “the petition was a mala fide attempt to throw mud on the reputation of the incumbent and is a gross abuse of process.”

Case Briefs High Courts

Procedures for empanelment of lawyers in Banks not in compliance with Constitutional mandate; Madras HC directs Nationalised Banks to reform their system of selection

Madras High Court said that whether it is contractual employment, temporary engagements or otherwise, the procedure to be adopted by Banks must be transparent and in compliance with the mandates of the Constitution.

Case Briefs High Courts

Outstanding from forex fluctuations are not ‘proceeds of crime’ under the PMLA Act: Telangana High Court quashes ED case against Sukesh Gupta, Director of MBS Jewellers

The Telangana High Court quashed ED case against Sukesh Gupta and opined that the differential amount of rupee dollar fluctuation could be termed as an outstanding which could be recovered in a civil suit but could not be termed as ‘proceeds of crime’.

Case Briefs High Courts

Delhi High Court changes the status of Look Out Circular; directs immigration authorities to inform SFIO about former Director of Techpro Systems Limited arrival and departure

The Court opined that the present case would fall under the Office Memorandum which stated that “where there is no cognizable offence under IPC and other penal laws, the LOC subject cannot be detained/arrested or prevented from leaving the country.”

Case Briefs High Courts

Accused cannot rid themselves of liability by saying that they secured arms licenses through Arms dealer: Allahabad High Court

Allahabad High Court said that the proceedings involve the widespread issue of fake arms licenses, and it is natural that insiders in the Collectorate Office would also be involved in a matter of this magnitude.

Case Briefs High Courts

Delhi High Court upholds bail granted to the former director of BPSL Aarti Singhal in Bhushan Steel scam

Delhi High Court observed that in absence of any cogent, supervening circumstances necessitating cancellation of bail of the respondent/accused, the Court cannot merely cancel the bail so granted.

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Cases where relationship turns sour cannot be inferred that the physical relationship established on every occasion was against will; Bombay High Court discharges accused in false promise of marriage

Bombay High Court commented that refusal to discharge the accused merely with an observation that intercourse was forcible at some time cannot be said to be a justified exercise of power.

Case Briefs High Courts

Delhi High Court refuses bail to Justdial employee alleged of duping people on the pretext of getting their loans sanctioned under the ‘PM Mudra Loan’

Delhi High Court noted that the applicant was working at Justdial in December 2016 as a Relationship Manager and was actively involved in supplying data to his co-accused persons and his link with the said co-accused persons.

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Delhi High Court directs MoEF to review DOAS technology for regulatory measurements of ambient air quality under NAAQS

The Review Report submitted by IIT Kanpur on DOAS Technology for the Measurement of Gaseous Air Pollutants in Ambient Air recommended DOAS technologies for regulatory measurements of ambient air quality under NAAQS.

Case Briefs High Courts

Insurance Companies have right to repudiate claim on non-disclosure of existence of previous policies during taking any fresh policy: Allahabad High Court

Allahabad High Court rejected the contention of the petitioner that since forms are filled up by the agents/officers of LIC, anything omitted would not constitute ground for repudiation/rejection of the claim.

Case Briefs High Courts

Interim Relief to ‘Phonepe’ denied in trademark infringement suit; Trademarks ‘phonepe’ and ‘postpe’ have no phonetic similarity: Bombay High Court

The court while denying the interim relief to ‘Phonepe’ said that it is settled law that when the plaintiff fails to make out a prima facie case in its favor, the aspects of grave and irreparable loss in the absence of interim reliefs and balance of convenience pale into insignificance.

Case Briefs High Courts

Promissory estoppel inapplicable in a situation where a student has knowledge about failure in examination: Orissa HC holds ‘Charan Panda case’ to be bad in law

Orissa High Court said that it is no doubt true that the Courts have, more often than not, leaned in favour of the students, but as the things stand, a line must be drawn between cases where there have been a bona fide error and cases where the circumstances are dubious.

Case Briefs High Courts

Services provided by EY India to overseas EY entities are not “intermediary services”; Delhi High Court directs processing of ITC refund applications filed by EY India

The Delhi High Court held that Ernst and Young Ltd. is not an ‘intermediary’ under the IGST Act, as it does not arranges or facilitates services to overseas EY entities from the third parties but only renders services to them.

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Kanpur Bar Association Strike| Seven-Judge Bench of Allahabad HC directs Kanpur Lawyers to resume work

7-Judge Bench of Allahabad High Court said that despite sincere efforts being made by this Court, the lawyers are adamant not to perform their work in the Court and their actions are creating hurdle in dispensation of justice, which is nothing but a sort of contempt of Court.

Case Briefs High Courts

Allahabad High Court condemns ASI for not filing carbon dating report of Shivlingam inside the Gyanvapi Mosque

Allahabad High Court said that things cannot be kept pending for long when the matter has an element of high publicity all over the country. This Court will not permit any authority to occasion delay on the pretext of the submission of the desired report of the Archaeological Survey of India.

Case Briefs High Courts

Delhi High Court refuses bail to former AAP leader Satyender Jain, co-accused Vaibhav Jain and Ankush Jain in money laundering case

The petitioner Satyendar Kumar Jain is an influential person and has the potential to tamper with the evidence as indicated by his conduct during custody.