High Courts Archives

Individuals should not be permitted to snoop in neighbour’s affairs through CCTV; Kerala High Court directs Police to come up with guidelines related to CCTV installation

Addressing a petition for protection of privacy against neighbour's CCTV surveillance camera, Kerala High Court calls State Police Chief to bring appropriate guidelines for CCTV camera installation.

Case Briefs High Courts

Life and liberty of a person not on the shore of India, cannot be invoked when the individual himself is not in India; Gujarat High Court dismisses petition of foreigner to enter India

Gujarat High Court denied entry to an American Passport holder who has been convicted as a sex offender and held that petition filed by the petitioner's father on petitioner's behalf, invoking Articles 14 and 19 of the Constitution of India, is not maintainable because life and liberty of a person not on the shore of India, cannot be invoked on his behalf when the individual himself is not in India

Case Briefs High Courts

[BCI circular] Kerala High Court directs college to consider 5-year LL.B. admission to Polytechnic/Diploma holder

Kerala High Court directed the law college Principal to consider petitioner's admission to 5-year LL.B. course, disqualified on the ground of academic qualification. The Bar Council of India recently updated qualification for admission to 5-year LL.B. course allowing students of 3-year Diploma/Polytechnic courses.

Case Briefs High Courts

Bombay High Court grants interim bail to former Chairman Videocon Group, Venugopal Dhoot for his arrest being in violation of Section 41, 41-A CrPC

Merely by mentioning in the arrest memo that the petitioner has been inconsistent in his statements before the Investigating Officer and has kept on changing his versions and as such, has not co-operated with the investigation in disclosing full and true facts, is not sufficient and the same cannot be a ground of arrest as it is unacceptable and contrary to the mandate of Section 41(1)(b)(i)&(ii) from (a) to (e) of the CrPC.

Case Briefs High Courts

Kerala High Court | If a party has taken steps considering the factor of subsidy, the Government cannot withdraw it retrospectively

Kerala High Court observed that concession or benefit of subsidy can be withdrawn prospectively and not retrospectively, by the Government.

Case Briefs High Courts

Mandate of the Right to Information Act, 2005 is to promote free flow of information; Gujarat High Court directs Commissioner of Police to publish rules framed under Section 33 of Gujarat Police Act, 1951

The preamble of the RTI Act captures informed citizenry and promotes transparency in the functioning of the government, which makes petitioner entitled to know the procedure followed in the decision-making process of denying the permission to protest.

Case Briefs High Courts

Madras High Court sets aside conviction of a woman who set her minor daughter on fire for offence under Section 302 IPC; Commutes Life sentence to 10 years RI

Madras High Court while dealing with the question that whether the mother had the intention to commit the murder of her daughter, set aside the conviction and sentence of the convict for the offence under Section 302 IPC and convicted her for offence under Section 304(1) IPC and sentenced to undergo 10 years rigorous imprisonment

Case Briefs High Courts

Calcutta High Court | Infertility cannot be a ground for divorce

Dismissing the revision petition filed for quashing of FIR and criminal proceeding against the petitioner/husband, the Court held that prima facie case of a cognizable offence of cruelty can be make out against the petitioner/husband therefore inherit power of High Court under S. 482 CrPC cannot be exercised.

Case Briefs High Courts

Make “Pathaan” accessible to visually and hearing impaired persons; Delhi High Court directs Yash Raj Films to prepare audio description, subtitles, and closed captions for the movie

The Delhi High Court directs Yash Raj Films to prepare audio description, subtitles, and closed captions for the movie “Pathaan” so that the movie could be made accessible to visually and hearing impaired persons.

Case Briefs High Courts

Allahabad High Court sets aside Ghazipur Sessions Judge order granting superior class to UP-ex MLA Mukhtar Ansari, in prison

Allahabad High Court said that Mukhtar Ansari is a known gangster, a dreaded criminal and bahubali and more than 50 criminal cases have been registered against him.

Case Briefs High Courts

Delhi High Court permits student to take exams who was debarred from school for non-payment of fees; Necessitates the balance between Rights of child and Rights of School

The rights of a child to education have to be balanced with the rights of the school under the DSER, 1973. If the petitioner is unable to pay the fees of the school, the petitioner certainly does not have a right to continue education in the school in question. However, the petitioner cannot be tormented in this manner in the middle of the academic session.

Case Briefs High Courts

Delhi High Court quashes arbitral award for ineffective delivery of notice and wrong application of Indian laws in a case governing UAE Federal Labour Law

The Court has a duty to ensure compliance with the principles of natural justice and when an award has been passed without complying with the mandatory principles of natural justice, this Court being the custodian of rights and liberties of parties must take its guard to correct the infirmities which have already been carried out.

Case Briefs High Courts

Allahabad High Court upholds orders passed by Sultanpur Court refusing Delhi CM Arvind Kejriwal’s application to quash criminal proceedings for making derogatory remarks against BJP and Congress

If during course of investigation some credible evidence have been collected, charge sheet has been filed, cognizance has been taken, discharge application has been rejected by the Trial Court by speaking and reasoned order and that order has been upheld by the Revisional Court, by a speaking and reasoned order, then Arvind Kejriwal must participate in the trial proceedings.

Case Briefs High Courts

Power to recall orders not to be exercised when ground for vacating the judgment was available but not availed; Delhi High Court dismisses application for recall of order

The Delhi High Court dismissed an application filed for “recall of earlier order” under Section 151 of CrPC and held that the settled things could not be permitted to be unsettled at the behest of a person who had not been careful enough with regard to his rights and claims.

Case Briefs High Courts

Kerala High Court orders action against Devaswom Guard for misbehaving with the devotees at Sabarimala Temple on Makara Sankranti

Kerala High Court said that in many connected matters it had issued various orders regarding crowd management at Sabarimala, in order to ensure that maximum number of devotees have a comfortable darshan at Sabarimala

Case Briefs High Courts

Delhi High Court rules in the context of the procedure and principles of natural justice to be observed by the Indian Patent Office in a pre-grant opposition to a patent application

In pharmaceutical patents, especially, additional care must be taken to ensure that, by being allowed to evergreen a patent beyond its expiry, the patent holder does not keep others, who may seek to deal in the patented product, out of the market. The ultimate sufferer, in such a situation, would be the ailing public, who seek access to the product.

Case Briefs High Courts

Kerala High Court |Violation of SARFAESI Rules for Sale of property is under DRT’s Scope, beyond Article 226

Kerala High Court dismissed a petition seeking setting aside of sale of property conducted in violation of SARFAESI Rules, and saidthat the relief sought is within the scope of the Debt Recovery Tribunal, and not Article 226 of the Constitution of India.

Case Briefs High Courts

“Schezwan Chutney” is a mere descriptive term; Delhi High Court rejects plea of Capital Food (P) Ltd. of restraining Radiant Indus Chem (P) Ltd. from using the word “Schezwan Chutney”

The Delhi High Court held that “SCHEZWAN CHUTENY” was a mere descriptive term and therefore, Radiant Indus Chem (P) Ltd. could not be stopped from using the same and the Court further held that if protection was granted to the mark “SCHEZWAN CHUTNEY”, then similar protection should also be granted to ‘Tamarind Chutney' or ‘Tomato Chutney', as they were also combinations of words in “English and Hindi”.

Case Briefs High Courts

Confessional statements should lead to discovery of ‘fact’; Delhi High Court grants bail to the accused under the NDPS Act

None of the statements of the applicant led to any discovery of a ‘fact' in terms of Section 27 of the IEA.

Case Briefs High Courts

“Woman is not a pendulum and cannot be forced to swing between motherhood and employment”,Madras High Court upholds maternity benefits, as welfare legislation and benefits cannot be deprived on mere interpretation and technicalities

It is to be remembered that birth of a baby is rebirth of a mother and if a woman is not properly taken care during the period of pregnancy and after delivery, it will certainly affect two lives, namely, mother and new borns