High Courts Archives

Rajasthan High Court| Vacancy caused due to resignation of selected candidate must be readvertised and filled up by fresh selection

In the case at hand, the vacancy advertised stood exhausted with the appointment of a candidate, and the petitioner was, hence, held not entitled to the appointment on the post so advertised.

Case Briefs High Courts

“An unheard claim of a woman against sexual harassment at workplace can mute others in the future,”; Delhi High Court directs Bank of Maharashtra to reinstate woman falsely accused of misconduct

The confessional statement was signed beyond the official hours in the office premises in the presence of only male witnesses.

Case Briefs High Courts

Delhi High Court grants bail to a Spanish National under the NDPS Act as he was denied the opportunity of a translator/interpreter

The Delhi High Court upheld the judgment passed by the Special Judge granting bail to a Spanish National as he was not given the opportunity of a translator or an interpreter and his refusal to get a search conducted before a Gazetted Officer or a Magistrate was vitiated on account of his part understanding or misunderstanding of the questions put to him.

Case Briefs High Courts

Bombay HC raps Maharashtra Government for non-implementation of Mental Health Act, 2017 in the State

In a case concerning non-implementation of the Mental Health Act, 2017 and non-functioning of the State Mental Health Authority in Maharashtra, the Bombay High Court came down heaving on the State.

Case Briefs High Courts

Courts should urge the police to investigate in sexual offences against women; Allahabad High Court reiterates

The legislation in its own wisdom have planned to use the state machinery to investigate into all those offences, in which the women are poor victims of the atrocities committed by male.

Case Briefs High Courts

Bombay HC imposes costs of Rs 5,000 on law firm for revealing identity of rape victim

The Bombay High Court came down heavily on the law firm for revealing the identity of a rape victim. The Court, while allowing the firm’s application to mask the name of the victim imposed a cost of Rs. 5,000 on it.

Case Briefs High Courts

Bombay High Court issues show cause notice to Deputy Commissioner, Solid Waste Management Department and advocate seeking designated place within High Court to feed stray dogs

The High Court issued a contempt notice against an Advocate and a civic official, who acted on her request, after observing that a lawyer’s letter asking for a designated area within the Bombay High Court premises in Nagpur to feed dogs was for “publicity”.

Case Briefs High Courts

Copying and cheating in examinations is like a pandemic, which can ruin society and educational system of any country: Delhi High Court

The Delhi High Court held that the Delhi Technological University had been lenient in imposing Category IV punishment rather than rusticating the students who were found cheating in the examinations. Therefore, the court observed that the students who engage in unfair means in exams and get away with it cannot build the nation.

Case Briefs High Courts

Delhi High Court restrains Brompton Lifestyle Brands from using Yves Saint Laurent marks and alike

There was no written authorisation in Brompton's favour to use the YSL marks in relation to the Boutique, the goods offered from the Boutique and otherwise. Thus, the Court held that Brompton could not be considered as a “permitted user” of the YSL marks.

Case Briefs High Courts

Electricity is an integral part of Right to Life; Punjab & Haryana High Court directs to restore electricity connection till final disposal

Punjab and Haryana High Court held that even if the lease has expired the electricity cannot be cut off to the petitioner while he is in possession of the suit property.

Case Briefs High Courts

Executor appointed in probate proceedings cannot be removed unless gross misconduct or mismanagement, abuse or misuse of probate is demonstrated: Delhi High Court

The Delhi High Court held that naming of an administrator pendente lite would not come up unless and until the Executor was initially removed by the appropriate Court as per Section 301 of Succession Act, 1925. Further, it was held that an executor appointed in probate proceedings would not be readily removed unless gross misconduct, gross mismanagement, abuse, or misuse of probate was demonstrated.

Case Briefs High Courts

Appointment of Delhi Legislative Assembly Secretary tainted with irregularities and illegalities; Delhi High Court upholds Siddharth Rao’s termination

Justice Chandra Dhari Singh observed that the entire saga of the series of appointments, absorption and promotion of Siddharth Rao, Secretary of Delhi Legislative Assembly, is tainted with irregularities and illegalities, de-hors the rules or due process of law, without approval by the competent authority and hence vitiated.

Case Briefs High Courts

Order of stay/moratorium under the Companies Act, 2013 prohibits the initiation of any proceedings; Parties cannot be referred to Arbitration: Delhi High Court

The Delhi High Court ruled that the moratorium granted by the NCLAT, staying the institution of suits and proceedings against the Corporate Debtor, after the resolution process was initiated against it under Sections 241 and 242 of the Companies Act, 2013, was akin to an order of moratorium passed under Section 14 of the Insolvency and Bankruptcy Code, 2016.

Case Briefs High Courts

Words uttered must be capable of arousing sexually impure thoughts in minds of hearers to satisfy definition of obscenity to attract Section 294(b) IPC; Kerala High Court reiterates

If the act is not obscene, or is not done in any public place, or the song recited or uttered is not in or near any public place or that it caused no annoyance to others, no offence under Section 294(b) of IPC is committed.

Case Briefs High Courts

Delhi High Court| Courts are duty bound to lean towards an interpretation which uphold jurisdiction of a Civil Court in case of suspicion

Section 9 of CPC is also symbolised as the gateway to the civil Courts as it envisages not only the inherent powers of the Civil Courts to entertain any suit of a civil nature, but also the inherent rights of the disgruntled yet hopeful litigants to approach the civil Courts with a huge expectation that they will get justice from this forum, which would adjudicate upon their infracted legal rights and will invoke the legal machinery to protect and vindicate such rights.

Case Briefs High Courts

Delhi High Court grants bail to an accused in an illegal international telephone exchange setup located in Chawri Bazar, Old Delhi

The case involves illegal international telephone exchange setup was found in Chawri Bazar, Old Delhi run by one Zulifiqar Ali alias Raja by using new era software-driven technology for routing calls from foreign countries like USA, UAE, Canada, Australia, etc. to India via illegal route of internet by passing the legal international and national call gateways of India.

Case Briefs High Courts

Mere disagreement with decision-making process of tender authority not a reason for a Constitutional Court to interfere; Allahabad High Court allows State to go ahead with tendering process as per law

Allahabad High Court viewed that the tender authority, has been given a certain degree of leverage by the courts, being the best person to understand its requirements. Hence, a mere disagreement with the authority's decision-making process is not a reason for a constitutional court to interfere.

Case Briefs High Courts

Allahabad High Court grants bail to journalist Siddique Kappan in PMLA case

Allahabad High Court said that even if it is believed that part of proceeds of crime was transferred in the bank account of Atikur Rahman, that itself may not be sufficient to prove that Siddique Kappan has dealt with the proceeds of crime which had been allegedly received by K.A. Rauf Sherif. Thus, granted him bail.

Case Briefs High Courts

Allahabad High Court| No illegality in taking written statement of witness under Section 161 CrPC when reduced into writing in presence of witnesses as well as I.O.

A written statement sent by post or deliver by another person, may not fall under ‘to examine orally' but a written statement submitted by witness himself to I.O., and if the I.O. has assured its genuineness and reduced it in writing, shall be a statement duly recorded under Section 161 CrPC.

Case Briefs High Courts

Kerala High Court | Teaching experience can be gained only after obtaining the essential qualification necessary for the post of professor

According to a ruling by the Kerala High Court, if there is any requirement of educational qualification for a position then experience for that position will be counted after obtaining the essential qualification and the quality of experience should be same throughout.