High Courts Archives

Madras High Court | HC cannot issue directions for speedy disposal, unless there is an acceptable reason

Madras High Court said that the High Court cannot issue directions for speedy disposal unless there is a justification or acceptable reason for issuing any such directions. The Court concerned is expected to regulate its own procedures in respect of the cases for effective disposal.

Case Briefs High Courts

Breach of Contract does not give rise to cause of action for Criminal Breach of Trust: Calcutta High Court reiterates

Calcutta High Court | While deciding a revision petition, Tirthankar Ghosh*, J. held that no offence under Ss. 417 and 426 of

Case Briefs High Courts

In cases of urgency and to preserve party’s rights, arbitral proceedings can be initiated even when conciliation proceedings were pending: Delhi High Court

The Delhi High Court held that even if the Contract clearly stated that before resorting to arbitration, the parties agreed to explore Conciliation by the Committee, the same cannot be held to be mandatory in nature. Further, the Court held that in case of urgency, arbitral proceedings can be initiated even when conciliation proceedings were pending.

Case Briefs High Courts

Delhi High Court grants bail to Chitra Ramakrishna former MD NSE being accused of active involvement in illegal interception of telephone calls of NSE employees

In the present case there is no allegation that the Applicant has derived or obtained any property or proceeds of crime. Additionally, there is no allegation or evidence produced to suggest that the Applicant has concealed, possessed, used, projected or claimed any proceeds of crime as untainted property.

Case Briefs High Courts

Counterfeiting has serious repercussions on the fabric of national economy; Delhi High Court directs a small shop proprietor to pay Rs. 5 lakhs or serve one week in civil prison for selling counterfeited Louis Vuitton’s belts

The Delhi High Court directed the proprietor of a small shop to pay Rs. 5 lakhs, failing which he would suffer incarceration in civil prison for a week as he violated the order of interim injunction passed earlier by the Court and continued to sell counterfeited products of louis Vuitton.

Case Briefs High Courts

Bombay High Court grants Rs 5 lakhs compensation to a cleaner who worked for 26 years for paltry wages

The petitioner was engaged to undertake the cleaning and sweeping of the Government office premises for almost 26 years and was being paid much less than even the minimum wages paid to manual labourers. The Bombay High Court said that it t is a fit case where the State should compensate the Petitioner for violating her rights under Articles 14, 21 and 23 of the Constitution of India.

Case Briefs High Courts

[IFS Examination] Walking test of 25 kms is an obligatory stipulation which needs to be fulfilled apart from meeting the special eligibility criteria in terms of physical requirement: Delhi High Court

The Delhi High Court held that the walking test of completing 25 kilometers would be an obligatory stipulation and needed to be fulfilled apart from meeting the special eligibility criteria in terms of physical requirement consistent with requirements of the identified service/post as may be prescribed by its Cadre Controlling Authority for the Indian Forest Service Examination.

Case Briefs High Courts

Absence of premeditation leads to Delhi High Court modifying murder conviction to culpable homicide not amounting to murder; Convict to be released

Based on the weapon used for inflicting injuries to the deceased was a very heavy danda with nodes therein, the Trial Court has convicted the appellant for offence punishable under Section 302 IPC. However, it failed to appreciate the fact that the alleged offence was not committed by pre-meditation.

Case Briefs High Courts

Delhi High Court | Disclosure of reports and dossiers relating to terrorist acts under investigation is barred by RTI Act

The Mumbai blasts which are the subject matter of the reports, were one of the worst terror attacks on India, leading to hundreds of deaths and hundreds of injured persons. Thus, reports/dossiers on such investigations can have a major bearing on India’s security, sovereignty and integrity.

Case Briefs High Courts

Rejection of Compassionate Appointment for married daughters violative of Articles 14 and 15: Punjab and Haryana High Court

The division bench of Punjab and Haryana High Court noted that the object of such schemes is to grant appointments to dependent family members falling under specific categories on compassionate grounds.

Case Briefs High Courts

Pensionary benefit to “part time tube well operators” cannot be granted from date of granting pay parity with regular operators; Allahabad High Court reiterates

Article 14 of the Constitution of India has withstood the temperts of classification and discrimination, but the emerging disparity to regulate the condition of pension as a result of service ought not to obliterate the object of equality in a level playing field.

Case Briefs High Courts

Karnataka HC | Charges under Prevention of SC/ ST (Atrocities) Act are applicable only when name of a victim’s caste is taken with the intention to insult and humiliate them

The Karnataka High Court held that merely mentioning an individual’s caste during an altercation with no intention to insult, would not attract the provisions of the SC/ ST Act

Case Briefs High Courts

Virginity test conducted on a female detainee/accused under investigation/custody whether judicial/police is unconstitutional; Delhi High Court issues directions

To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.

Case Briefs High Courts

Bombay High Court refuses to exercise power under Art 226 and deprecates filing another petition when it failed to get relief from Delhi High Court

The entire trajectory of this case must be deprecated. When a principle challenge against the termination fails and while an appeal is pending, one distress warrant is challenged in Delhi only to be allegedly later withdrawn and other distress warrants are now brought before this Court.

Case Briefs High Courts

Allahabad High Court| No CIC charges can be demanded from the company, if there is merely a change in name of the allottee company and no change in shareholding

Allahabad High Court held that the demand notice is illegal, as no CIC charges can be demanded from the petitioner company, if there is merely a change in the name of the original allottee/leasee company and there is no change in the ownership or shareholding of the allottee company

Case Briefs High Courts

Bombay High Court directs State police to stop conducting mock drills depicting persons of Muslim religion as terrorists

Bombay High Court: In a PIL filed by the petitioner who is a social activist highlighted the issue of conduct of mock

Case Briefs High Courts

‘Body Building Competition’ a secular and neutral activity; Bombay High Court quashes communication by Kalyan-Dombivali Municipal Corporation for being arbitrary and bad-in-law

The Bombay High Court found the ‘Body Building Competition’ unfit among the categories of acts which are per se obnoxious, unpleasant, avoidable, illegal or negative with respect to the Code of Conduct issued by the Election Commission of India.

Case Briefs High Courts

Delhi High Court permits mother to relocate to USA with the minor child on remarriage

Technology has advanced so much that regular interactions between two individuals living in different countries or even continents can easily be maintained through video calls and video conferencing. In fact, in the last three years, when the world was grappling with the Covid pandemic, interactions through video calls have become the new norm. Even when Courts today are functioning fully physically, lawyers are being permitted to join through video conferencing only because of the advancements in technology.

Case Briefs High Courts

Delhi High Court directs Government to release Rs.5 lakhs for each victim who lost life in fire accident at Anaj Mandi, Sadar Bazar

Children who ought to have been studying in schools are forced to work in unhygienic, inhabitable places where accidents await. What is more saddening is that these units are working right under the nose of the Government which includes Police officers who are aware of these factories being run, and yet no steps are being taken by the State to curb this menace.

Case Briefs High Courts

Delhi High Court applies the doctrine of kompetenz-kompetenz to refer the dispute to an Arbitral Tribunal

An arbitration agreement that is embedded within a contract would always be considered as a separate and severable clause, and despite a reference being made by the court the arbitrator is free to decide on their jurisdiction including the existence of the arbitration agreement in accordance with the kompetenz-kompetenz principle