High Courts Archives

Can the Insolvency Court adjudicate upon the validity of Sale Deed without Section 53 application under Provincial Insolvency Act? Andhra Pradesh High Court answers

The Andhra Pradesh High Court directed the Official Receiver to cancel the sale deed as the same was without application of Section 53 of Provincial Insolvency Act.

Case Briefs High Courts

Recovery of penal rent from Air India employees for occupying Air India Colony held unlawful: Delhi High Court

The Delhi High Court held that without following due process of law, no penal rent could be deducted from the salaries of the employees of Air India Limited who failed to vacate the allotted accommodation.

Case Briefs High Courts

Technical objection cannot be taken at the stage of appeal: Allahabad HC upholds Trial Court’s conviction order in fake marksheet case

Allahabad High Court said that the convicts are not in a position to say that they were prejudiced in any manner by common FIR, one charge sheet and same charge for all three convicts and one trial.

Case Briefs High Courts

Allahabad HC declines to quash 23-year-old criminal case against Indian politician and congress MP Randeep Singh Surjewala

Allahabad High Court said that Randeep Singh had already been directed to be released on bail and he has got right of discharge under Section 239, 245 or 227 CrPC. through a proper application for the said purpose and he is free to take all the submissions in the said discharge application before the Trial Court.

Case Briefs High Courts

Allahabad High Court suspends one-year sentence of UP Cabinet Minister Nand Gopal Gupta in a 9-Year-old assault case

Allahabad High Court released Nandi on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned, subject to deposition of fine

Case Briefs High Courts

Delhi High Court upheld life term of six murder convicts who shot a man dead in personal enmity

The Delhi HIgh Court opined that eyewitness running away and hiding at the time of firing and then coming for the rescue of the deceased is not unnatural as self-preservation is the first instinct of a human being.

Case Briefs High Courts

Workmen won’t be estopped from challenging retrenchment order if employer does not follow S. 25-F of Industrial Disputes Act: Jammu and Kashmir and Ladakh HC

Jammu and Kashmir and Ladakh High Court stated that workmen can challenge their retrenchment order even after accepting retrenchment amount in case their employer has not followed the mandate of S. 25-F of Industrial Disputes Act, 1947

Case Briefs High Courts

Madhya Pradesh High Court directs DRT to register case against Tata Motors Finance Ltd.

Madhya Pradesh High Court held that no document needs to be provided for registering an application under S. 17 of the SARFAESI Act, when the same is not a condition precedent required under the said Section.

Case Briefs High Courts

Delhi High Court grants permanent injunction to SanDisk LLC for its trade marks ‘SanDisk’ and ‘Cruzer Blade’; awards Rs. 5 lakhs as damages

The Delhi High Court granted permanent injunction to SanDisk LLC for its trade mark ‘SanDisk’ and ‘Cruzer blade’. Additionally, Rs. 5 lakhs were awarded as damages.

Case Briefs High Courts

Allahabad HC rejects plea for quashing of proceedings under Muslim Women (Protection of Rights on Marriage) Act

Allahabad High Court said that if a case disclosing commission of an offence under remedial statute like Muslim Women (Protection of Rights on Marriage) Act, 2019 is nipped in the bud, the Statute aforesaid, which seeks to curtail a long-standing practice in society, would be bogged down.

Case Briefs High Courts

Bombay High Court quashes order refusing to discharge Raj Thackeray in 2008 riots case

Bombay High Court opined that the Revisional Court was obliged to prima facie discuss or indicate material on record showing Raj Thackeray’s involvement in the alleged crime.

Case Briefs High Courts

Acceptance of payment from a ‘stranger’ is unbecoming of a Judicial Officer; Delhi High Court refuses to interfere with termination order

The post of Judicial Officer is a coveted one with responsibilities attached to it and one is expected to be unceremonious, prudent, and not take things in an easy manner.

Case Briefs High Courts

Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties

Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.

Case Briefs High Courts

Punjab and Haryana High Court grants anticipatory bail to Sukhbir Singh Badal in Kotkapura firing case

While disposing of the Sukhbir Singh Badal’s bail matter in Kotkapura firing case, Punjab and Haryana High Court refused to comment on the allegations against present political setup.

Case Briefs High Courts

“S. 12 is heart and soul of Domestic Violence Act”; Karnataka High Court directs Magistrates to decide applications within the mandated period of 60 days

In a clinical dissection of the Domestic Violence Act, 2005, the Karnataka High Court stated that the victims’ grievances such as maintenance or shelter etc., must be addressed with immediacy, which is why the legislation has mandated a specific time frame.

Case Briefs High Courts

Issue of consent in sexual assault offences requires scrutiny; Delhi High Court upholds Trial Court’s Order of discharging a man accused of raping a married woman for 12 years

The Delhi High Court opined that the woman’s consent was implied and express and not coerced by deceit as she maintained the physical relationship with the man for 12 years and thus, the Court upheld Trial Court’s Order of discharging a man who was accused of raping her.

Case Briefs High Courts

Delhi High Court| State Government made efforts to rehabilitate jhuggi dwellers on paper, but the ground reality is far from desirable

Delhi High Court reiterated that the right to housing is a part and parcel of the right to livelihood, health, food, clean drinking water, sewerage and transport facilities, such facilities must be provided to individuals who will be relocated.

Case Briefs High Courts

Bursting of the tyre is not an ‘Act of God’; Bombay High Court refuses to exonerate the insurance company from paying compensation

Bombay High Court observed that the dictionary meaning of “act of god” is “an instance of uncontrollable natural forces in operation” I.e., a severe, unanticipated natural event for which no human is responsible.

Case Briefs High Courts

“Every ‘FILE’ carries a ‘LIFE’”; Tahsildar cannot decide question of Will in mutation proceeding: Madhya Pradesh High Court

Madhya Pradesh High Court held that all authorities while discharging public duties or performing judicial/quasi-judicial functions must be think about Justice and that every “FILE” carries a “LIFE”.

Case Briefs High Courts

Kerala High Court declares election of A. Raja, void

The Court found the records of family register conspicuous showing an attempt to fabricate evidence of professing Christianity by A. Raja, who was elected to a seat of Kerala Legislative Assembly reserved for members of Scheduled Caste in Kerala.