High Courts Archives

All unilateral appointments of arbitrators are not invalid: Calcutta High Court

Calcutta High Court held that all the unilateral appointment of arbitrators is not invalid unless the arbitrator’s relationship falls within the Seventh Schedule to the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Bombay High Court dismisses petition against Uddhav Thackeray in disproportionate assets case

While dismissing the petition seeking ED/CBI probe in Uddhav Thackeray income source along with other office bearers of Shivsena party, Bombay High Court held the same to be an abuse of the process of law.

Case Briefs High Courts

Woman’s consent to man’s company cannot be inferred as a consent to sexual liaison: Delhi High Court dismisses bail application of a spiritual guru

The Delhi High Court denies bail to a spiritual guru who on the pretext of helping a woman perform the last rites of her husband, was alleged of having sexual liaison with her.

Case Briefs High Courts

Delhi High Court considers multiplicity of cheque bounce cases vis-a-vis Section 219 CrPC; issues notice to NCTD

It was alleged that each alleged ‘dishonour’ comprised of a separate offence and even if committed on the same date (i.e., within the same year), not more than 03 such offences can be tried by way of a single complaint in view of section 219 Cr.P.C. There is no legal clarity on bar of filing more than three cheques in Section 138 of the NI Act complaint as per Section 219 CrPC; Delhi High Court issues notice to NCTD.

Case Briefs High Courts

Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963

The Collaboration Agreement is a commercial transaction between the private parties and hence the same by its very nature is determinable, even if there is termination clause in the Collaboration Agreement

Case Briefs High Courts

Principle of comity of courts is salutary in nature and cannot override the consideration of best interest and welfare of the child: Karnataka High Court

The Karnataka High Court, while deliberating over a father’s prayer seeking repatriation of his minor son to Germany, dismissed the petition on ground of the child’s best interests and allowed the son to remain with his mother in India.

Case Briefs High Courts

Delhi High Court directs Government to grant age relaxation of two years as a ‘one time measure’ for the post of Sepoy Pharma in Indian Army

The Delhi High Court directs Government to grant age relaxation of two years as a ‘one time measure’ for recruitment of the post of Sepoy Pharma in Indian Army.

Case Briefs High Courts

Delhi High Court dismisses PIL by Subramanian Swamy against Union approval for JV partnership between Air Asia Investments Ltd and Tata Sons

The Union decision is contrary to the FDI Policy of the Government of India and contrary to the guidelines laid down by the Union Ministry of Civil Aviation.

Case Briefs High Courts

Bombay High Court dismisses petition by Air India Employees Union alleging their ‘right to occupy’ allotted accommodations after privatization

Bombay High Court observed that if such a small number of employees continue to hold on to the accommodations, the AIAHCL will not be able to monetize the land to reduce the burden of debt AIL put on it.

Case Briefs High Courts

Whether employees of a company alone can be prosecuted and held liable without arraignment of the company as an accused? J&K and Ladakh High Court answers

The Jammu and Kashmir and Ladakh High Court held that vicarious liability of a company’s directors can be imputed as per the statutory provisions in cases where a company is an offender.

Case Briefs High Courts

Delhi High Court expunges extra judicial remarks passed against police officials and investigating agencies while hearing a bail application

Departmental action is a serious issue that can affect the career of police personnel or any other public official for that matter and to make observations/directions in a cursory and casual manner is unwarranted.

Case Briefs High Courts

Gauhati High Court directs Assam Government to properly implement policies framed in pursuance of Right to Education Act

Gauhati High Court was deliberating over a PIL filed to highlight ineffective implementation of State govt.’s policies framed as per the mandate in Section 12(1)(c) of RTE Act, 2009

Case Briefs High Courts

Delhi High Court directs Indian Embassy in Tashkent to ensure medical care and proper legal representation of the Indian national arrested in Uzbekistan

The petition was filed by the sister of Mr. Raghwendra Pratap Singh, an Indian national who has been arrested in Uzbekistan and is hereby seeking consular access and legal representation.

Case Briefs High Courts

“Total negligence and lapse on part of the jail authorities in providing medical treatment”; Bombay High Court awards compensation to family for death in custody

Bombay High Court directed the State of Maharashtra to pay compensation of Rs 10 lakhs to the petitioners and left the State at liberty to recover the same from officers at fault.

Case Briefs High Courts

Delhi High Court sets aside the rejection of the professional wrestlers made by the Oversight Committee of M.C Mary Kom, Yogeshwar Dutt and Babita Phogat

The Court was of the view that the purpose of the trials was to ensure that the best sports persons participate in the championship and the exclusion of National Games appeared to have adversely affected the petitioners.

Case Briefs High Courts

Delhi High Court summons ADM, Delhi Balram Meena and ADM Rakesh Dahiya for alleged missing of valuable land records from the office of sub-registrar

These are valuable lands to which these documents relate and thus, the missing of such records has a significant bearing on the rights of citizens and there is a threat of misuse of the documents.

Case Briefs High Courts

Magisterial custody cannot be challenged by a writ of Habeas Corpus: Manipur High Court

The Manipur High Court held that where a person is taken into custody by an order of Magistrate, then such order cannot be challenged by Writ of Habeas Corpus as the detention cannot be termed as illegal.

Case Briefs High Courts

Elected Ward Members of Wangbal Gram Panchayat are “public servants” under the Prevention of Corruption Act, 1988: Manipur High Court rejects anticipatory bail of the Ward Members

The Manipur High Court rejected anticipatory bail to the elected Ward members of the Panchayat who were charged for fraudulently misappropriating huge Government money.

Case Briefs High Courts

What are the important factors which can take away the rigor of ingredients pertaining to S. 375 and S. 376 of IPC? Karnataka High Court answers

Karnataka High Court observed that consent of a woman on a promise to marry is always an enigma.

Case Briefs High Courts

Delhi High Court directs GNCTD to undertake special recruitment drive for filling up backlog of vacancies for Persons with Disabilities

The present PIL was filed by the National Federation of the Blind challenging the inaction on the part of the State (respondent) in filling up the vacancies which are reserved for Blind and Low Vision candidates.