High Courts Archives

Delhi High Court upholds constitutional validity of Centre notifications imposing GST on auto, buses booked through Uber

In Aashirward Films v. Union of India, (2007) 6 SCC 624, Supreme Court laid down that a taxing statute for the reasons of functional expediency and even otherwise, can pick and choose to tax some; so long as the classification is reasonable.

Case Briefs High Courts

Delhi High Court restrains 40 rogue websites from illegally hosting, streaming, reproducing, and distributing of original cinematographic work of entertainment companies

The Delhi High Court restrained 40 rogue websites from illegally streaming original copyrighted cinematographic work of Universal City Studios, Warner Bros, Netflix, Disney, and other entertainment companies.

Case Briefs High Courts

Gujarat High Court upholds examination committee’s decision to cancel end semester exam of Nirma University’s law student for indulging in unfair means

The Courtsaid that while determining misconduct one is not to go only by the penalty imposed but the nature of the malpractices committed by the student as well.

Case Briefs High Courts

Allahabad High Court refuses to quash proceedings relating to widespread incidents of violation of public order during CAA-NRC protests in India

It is not that democracy and sovereignty are at crossroads. It is only that democratic rights have to be exercised in a lawful manner, so that order in society, which sovereignty has to uphold at all costs, is not lost.

Case Briefs High Courts

Jammu and Kashmir and Ladakh High Court sets aside VDG Scheme, 2022 insofar as it affects the powers and honorarium of the heads of the Village Defence Groups

Village Defence Guard Scheme- 2022 insofar as it denudes the petitioners of their status as SPOs and consequently reduces their remuneration/honorarium is an arbitrary and colourable exercise of power.

Case Briefs High Courts

Writ jurisdiction cannot be invoked to avoid contractual obligations or to modify the contract: Delhi High Court upholds Single Judge’s decision

The writ court should not exercise its powers under Article 226 of the Constitution which will obstruct contractual rights between the parties.

Case Briefs High Courts

[Domex v Harpic] A false advertisement campaign would cause irreparable loss to Reckitt; Delhi High Court restrains Domex’s advertisement disparaging Harpic

Delhi High Court observed that it is not necessary that an advertisement must expressly and clearly mention the competitor’s product, it would be impermissible if the disparaged product is likely to be identified as that of a rival.

Case Briefs High Courts

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.