High Courts Archives

Unauthorized occupants of dharmshalas and jhuggis be removed from the Kalkaji Mandir premises within 48 hours; Delhi High Court directs arrangements for Navratri

Delhi High Court directed the unauthorized occupants of dharmshalas and jhuggis to be removed from the Kalkaji Mandir premises by the SHO, Kalkaji within 48 hours and no further time shall be granted to any unauthorized occupant.

Case Briefs High Courts

‘PNG Regulatory Board may tear down statutorily constructed bubble of exclusivity’; Delhi High Court balances rights of consumers and PNG ‘authorised entities’

The Delhi High Court was of the view that the “regard had to be given to the fact that the said provision was not a penal provision or one which is designed to punish an Authorised Entity for having failed to achieve set out targets. It was fundamentally focussed upon the needs of a particular consumer who complains that the Authorised Entity in the particular Geographical Area was not ready to supply natural gas.”

Case Briefs High Courts

Sessions Court or Children’s Court has not been vested with revisionary power under Juvenile Justice Act: J&K and Ladakh High Court

The Jammu and Kashmir and Ladakh High Court stated that revisionary power under Juvenile Justice Act vests only with the High Court

Case Briefs High Courts

Delhi High Court upholds life imprisonment of a man convicted for murdering his wife and for assaulting daughter

The Delhi High Court upheld the Trial Court’s decision of awarding life imprisonment to a man convicted for murdering his wife and assaulting his daughter.

Case Briefs High Courts

“Daughter’s wedding is an auspicious occasion, presence of bride’s father is most appropriate”; Kerala High Court grants parole to murder convict for attending daughter’s wedding

Kerala High Court was of the view that the opportunity to participate in the daughter’s wedding must ordinarily be treated as part of the liberty under Article 21 of Constitution of India.

Case Briefs High Courts

[‘Old Monk’ Trademark Dispute] Himachal Pradesh High Court grants ad-interim injunction in favour of Mohan Meakin Ltd

The use of the word MONK in most prominent manner shows dishonest intention on the part of the Defendant.

Case Briefs High Courts

Mere use of a Tamil letter in a film cannot be a ground to grant exemption from payment of Entertainment Tax; Madras High Court

Exemption from payment of Entertainment tax given to a film is a concession granted by the Government to encourage the film makers to use Tamil title for their films. Concession can never be claimed as a matter of right.

Case Briefs High Courts

Writ of Habeas Corpus filed for release of Amrit Pal Singh; Punjab and Haryana High Court issues notice to State

In a Writ of Habeas Corpus filed before Punjab and Haryana High Court for release of Amritpal Singh against illegal detention by Punjab Police, the Court issued notice to the State.

Case Briefs High Courts

[Antrix-Devas Deal] Delhi High Court upholds decision of setting aside ICC Award of $562.5 million on the ground of fraud

The Delhi High Court upheld Single judge’s decision to set aside ICC Award of $562.5 million in favour of Devas Multimedia (P) Ltd. for a failed satellite agreement with Antrix Corporation Ltd., on the grounds of fraud and being in conflict with the public policy of India.

Case Briefs High Courts

“Finance Minister approved initiation of disciplinary proceedings against IRS Officer accused of supporting Sri Lankan Tamils”; Madras HC upholds CAT order

Madras HC dismissed a plea filed by IRS Officer who supported Sri Lankan Tamils through a hunger strike and criticised the Indian government’s policies on the Indo-Sri Lanka Peace Accord

Case Briefs High Courts

‘Infirmity’ must consist of a disability that incapacitates a person to perform ordinary routine activities; Delhi High Court grants bail to former director of Shakti Bhog Foods Limited

Delhi High Court observed that granting bail on every sickness will render the proviso to section 45(1) PMLA otiose, to be invoked only where the sickness suffered is so serious and life endangering that it cannot be treated in jail.

Case Briefs High Courts

[Hathras Conspiracy case]: “Preventive detention of citizen for just and plausible reasons is a measure permissible under law”; Allahabad High Court grants bail to Atikur Rehman

Allahabad High Court granted bail to Atikur Rehman who was arrested in 2020 along with Siddique Kappan and two others on their way to meet the family of the Hathras Rape and Murder victim.

Case Briefs High Courts

Delhi High Court set aside rejection of candidature for appointment to Delhi Higher Judicial Services, 2022

Delhi High Court observed that the petitioner was enrolled as an advocate in 2010 and he fulfils the requirement of “continuously practicing as an advocate for not less than 7 years on the last date of receipt of applications”.

Case Briefs High Courts

Rajasthan High Court | Lok Adalat have no adjudicatory power and can only pass award based on compromise between parties

The Rajasthan High Court perused the entire scheme under Chapter VI of the 1987 Act and stated that the Lok Adalat had no adjudicatory power and by allowing the prayer of the PP to withdraw prosecution, it had exercised adjudicatory jurisdiction which was not vested in it.

Case Briefs High Courts

Manipur High Court dismisses former MPCB Chairman’s plea challenging termination of service before completion of his tenure

The Manipur High Court opined that former MPCB’s Chairman should have obtained prior sanction from the State Government before appointing 118 employees as their monthly emoluments were above Rs. 3300 as per Rule 23 of Appointment of Chairman of Manipur Pollution Control Board, 2021.

Case Briefs High Courts

Madras High Court directs Police for conducting a public meeting to disseminate information on inter-caste marriages and honour killing

Madras High Court said that it is a laudable object, and we cannot prohibit or prevent such public meeting.

Case Briefs High Courts

[Contempt of Court] Advocate under Delhi Bar Council carrying on the business of PG accommodation; Delhi High Court sentences for willful non-compliance of its order

Delhi High Court observed that the respondent is a law graduate enrolled with the State Bar Council and despite being aware of the binding nature of the orders of the Court has shown scant regard for the legal process.

Case Briefs High Courts

Permissible to increase school fee to generate funds for expansion and betterment of educational facilities: Delhi High Court

The Delhi High Court held that schools were entitled to maintain a reasonable surplus for expansion of the system and development of education and the same could not be construed as commercialization of education.

Case Briefs High Courts

‘Interest cannot be withheld in the absence of express provisions permitting the same’; Delhi High Court partially sets aside arbitral award for being patently illegal

The impugned arbitral award was passed without considering the clauses of the Concessionaire Agreement while adjudicating on the rate of interest to be granted, thus, suffers from infirmity and patent illegality.

Case Briefs High Courts

Motor Accidents Claim| Can Insurance claim be recovered in case of death/bodily injuries of unauthorised passengers? J&K and Ladakh High Court answers

While deliberating over several appeals, the Jammu and Kashmir and Ladakh High Court decided the questions of liability and ‘pay and recover’ in favour of the appellant Insurance Company