High Courts Archives

Delhi High Court | Tax, interest and penalty collected by Revenue during the investigation, without following due procedure, is involuntary; Assessee entitled to refund

Delhi High Court: In a case filed questioning whether the cumulative sum of Rs. 1,80,10,000/- deposited on behalf of the

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Karnataka HC | Private sector employees cannot be specifically excluded from registration of their vehicles under new BH- Series

Karnataka High Court was deliberating over petitions filed by two private sector employees, who were denied BH-Series vehicle registration in pursuance of a communication issued by the State Government dt. 20-12-2021, which excluded private sector employees in the first phase

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Allahabad High Court reiterates law on interdicting unconditional bank guarantee; Sets aside interim injunction order passed by Commercial Court

Fraud, as an exception to the rule of non-interference with encashment of bank guarantees, is not any fraud, but a fraud of an egregious nature, going to the root i.e., to the foundation of the bank guarantee and an established fraud. The entire case of the respondent fails to qualify for this.

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[Rooh Afza v Dil Afza] Delhi High Court restrains Sadar Laboratories from manufacturing or selling products containing trademark ‘DIL AFZA’ till final disposal

The three tests of sound, sight and meaning are now well accepted for determining the similarity between competing marks and, similarity in any of the three aspects – visual impression, verbal sound, and meaning – may be sufficient to result in confusion. The question of similarity and the likelihood of confusion between two competing marks is determined on the basis of their overall commercial impression.

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Punjab & Haryana High Court orders for release of Stridhan to deceased’s father instead of her husband

Punjab and Haryana High Court held that after the death of wife custody of dowry articles belongs to the family of the deceased wife.

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Allahabad High Court grants interim anticipatory bail to former Union Minister Swami Chinmayanand in a rape case

Allahabad High Court: In an anticipatory bail application plea filed by former Union Minister for Home Affairs and spiritual personality

Case Briefs High Courts

Allahabad High Court imposes fine of Rs.25,000 along with simple imprisonment of one week to Deputy commissioner of Income tax for Contempt of Court

Disobedience of this Court’s order strikes at the very root of the rule of law on which the judicial system rests. The rule of law is the foundation of a democratic society, and the Judiciary is the guardian of the rule of law. Hence, it is not only the third pillar but also the central pillar of the democratic State

Case Briefs High Courts

Delhi High Court| Not duty of constitutional courts but civic bodies to regulate public movement and their choice of urinating, spitting and littering on walls having sacred images

Delhi High Court: In a PIL filed seeking a prohibition of affixing photographs of gods/goddesses on walls to prevent public

Case Briefs High Courts

Delhi High Court initiated criminal contempt proceedings after Registrar’s (Vigilance) inquiry revealed fabricated IPAB Order was placed on record

The Delhi High Court had initiated criminal contempt proceedings against defendants in a suit after the Registrar (Vigilance)’s inquiry revealed that the defendants placed a fabricated Intellectual Property Appellate Board’s Order on record.

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Participation in the elections of college union is an integral part of the education; Uttaranchal High Court grants age relaxation of two years to the student for participating in the college election

The Uttaranchal High Court held that participation in the elections of college union was an integral part of the education, and it was an opportunity that was given to the students for developing their leadership qualities, therefore, two years age relaxation was granted to the student for participating in his college elections.

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Accused cannot be held in indefinite custody having completed 50% of his sentence; Delhi High Court grants bail

Delhi High Court grants bail to accused persons reiterating that, no accused can be indefinitely detained in custody having already undergone 50% of the sentence.

Case Briefs High Courts

Gujarat High Court issued show cause notice to 9 Judicial officers for disobeying the order of the High Court and not disposing of the case pending since 1977

Judicial Officers were given a show-cause notice by the Gujarat High Court for not following the Court’s orders and directions

Case Briefs High Courts

[Drug Menace] Delhi High Court directs State and NCB to take appropriate measures within 12 weeks regarding mechanism for registration and investigation of complaints under NDPS Act

The present petition is filed by a doctor, an ophthalmologist due to the unavailability of any procedural provision or mechanism for the registration / receipt of a complaint regarding cognizable offences declared under the NDPS Act with the Narcotics Control Bureau

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Bail should not be granted only when person was in the condition of dying; Delhi High Court direct authorities for avoid giving long dates for medical check-up

The Delhi High Court held that grant of bail should not be considered only when the person was in the condition of dying and the authorities should not give long dates to the prisoners for their medical check-up and instead act with promptness, so that check-up could be conducted early.

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MoEA notification that even during the pendency of criminal case, passport could be issued/renewed; Allahabad High Court reiterates

The reports of non-cognizable cases in which the Magistrate had not even ordered for investigation were being considered for rejection of passport, thus, the Allahabad High Court directed the DG of Police to instruct his officers to give a report regarding the pendency of reports in non-cognizable cases after proper application of mind.

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Delhi High Court | Review is permissible against an order dismissing a petition under S. 11 of the Arbitration and Conciliation Act

While exercising the power conferred by Section 11 of the Act, the Court ceases to be a Court of Record and the review or reopening of proceedings which is sought is not with respect to any power exercised by the Court under Section 11 on merits but on account of the evident factual mistake in that order.

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Madras High Court directs State to pay Rs. 1 Lakh compensation to family of a man, missing since he was taken from his house for Covid-19 treatment

The missing person has not been traced either dead or alive and the stalemate continues, thus, taking into consideration the overall situation and without being too harsh on the State Government and instead, on humanitarian ground, the Madras High Court directed the State to pay compensation to the missing man’s family.

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Delhi High Court upholds compulsory retirement of a teacher accused of sexual harassment and molestation of a Class IX student

In a case where a physics teacher was accused of sexual harassment and molestation of a minor girl, the Delhi High Court held that in dealing with such matters, paramount consideration must be given to the well-being of the child whose mental psyche was vulnerable, impressionable and in a developing stage.

Case Briefs High Courts

Delhi High Court | Cancellation of lease deed of Institution running a charitable hospital on public land a travesty of justice

It is travesty of justice that an institution contributing for noble cause being that of running a charitable hospital on a public land and providing for sound research and treatment facilities has been made to suffer the rigors of cancellation of the Lease Deed and vacation of the property. Being a constitutional court and the conscience-keeper of the democracy, this Court cannot lend a blind eye when the ends of justice are being bulldozed in broad daylight.

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Kerala High Court grants anticipatory bail to snake expert Vava Suresh accused of displaying a cobra while delivering speech at a college

Kerala High Court granted anticipatory bail to Wildlife conservationist and snake expert Vava Suresh accused under the Wildlife Protection Act, for displaying a highly poisonous cobra while delivering his speech at a Government Medical College