High Courts Archives

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.

Case Briefs High Courts

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.

Case Briefs High Courts

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.

Case Briefs High Courts

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.

Case Briefs High Courts

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.

Case Briefs High Courts

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.