High Courts Archives

Delhi High Court | When a prayer to appoint an Arbitrator has been heard and rejected, the same relief cannot be sought by filing a review petition

Mere expression “place of arbitration” cannot be the basis to determine the intention of the parties that they have intended that place as the “Seat of Arbitration”

Case Briefs High Courts

It is incumbent upon Assistant Commandant to uphold high level standard even to the point of sacrificing self; Meghalaya High Court rejects petition challenging order for compulsory retirement

The petitioner, being a highly intelligent and educated person and a medical officer at that, is expected to exhibit prudence, discipline and common sense in his attitude to life and work.

Case Briefs High Courts

Delhi High Court | Validity of adoption can neither be doubted nor questioned merely on an asserted ’possibility of irregularity’

If a failure on the part of a resident Indian be the cause for a child being made available for inter-country adoption, that cannot possibly be viewed as constituting a valid or cogent ground to either doubt the validity of the adoption or question the integrity of the adoption process.

Case Briefs High Courts

Delhi High Court | Test Identification Parade can be ordered even after the release of articles to the person who was in lawful custody of the articles

In this case, the Delhi High Court held that the right to investigation cannot be taken away from the investigating officer only because the conduct of Test Identification Parade (TIP) was ordered after the release of articles to the person who was in lawful custody of the articles.

Case Briefs High Courts

Delhi High Court | Challenge to the mandate of the arbitrator on the ground of bias and impartiality cannot be raised under Section 14 of the Arbitration and Conciliation Act, 1996

The Ministry of Petroleum and Natural Gas in the Union Government had instituted proceedings under Sections 14(2) read with Section 15(2) of the Arbitration and Conciliation Act, 1996 (Act) for a declaration that the majority of the members of the Arbitral Tribunal were de jure/de facto unable to discharge their functions and consequently their mandate stands terminated in terms of Section 14 of the Act.

Case Briefs High Courts

What is the legal validity of an unregistered agreement for adoption entered between biological parents of an unborn child and the adoptive parents? Karnataka HC answers

A curious case presented itself before the Karnataka HC wherein they deliberated over an agreement for adoption entered between the biological parents and adoptive parents, when the child was still unborn.

Case Briefs High Courts

Delhi High Court stays release of movie ‘AJINOMOTO’ after Japanese spice maker claims trademark infringement

Considering that the movie was conceptualised and crafted metaphorically around a cooking ingredient that is closely related to its product, Ajinomoto Co Inc has claimed that any negative portrayal would be bound to seriously harm its reputation.

Case Briefs High Courts

No leniency to be shown to a person committing offence under POCSO Act; Gujarat High Court rejects bail plea

Gujarat High Court denied showing any leniency while deciding bail application of accused charged with offences under POCSO Act.

Case Briefs High Courts

Signboard of Bank of Baroda falling on the head of a passerby resulting in his death is negligence by the bank; Delhi High Court directs compensation to the deceased

A signboard coming off the façade of the building was a foreseeable event given the fact that Delhi experiences high-velocity winds, in May, each year.

Case Briefs High Courts

J&K and Ladakh HC directs Govt to constitute high-level Committee to enquire into JKSSB’s “brazen illegalities” in awarding tenders for conducting recruitment exams

In an elaborate legal analysis, along with scathing observations, the J&K and Ladakh HC stated that JKSSB's actions in favouring one blacklisted agency to conduct recruitment exams, have doomed the future of many aspirants and put a question mark over its own efficacy.

Case Briefs High Courts

Imprisonment before conviction is a sort of punishment especially when rate of conviction is low; Punjab & Haryana High Court grants bail to the accused

Punjab and Haryana High Court held that when the accused is coming forward to face trial and is undertaking to appear before Court, no prejudice will be caused to the prosecution or complainant in granting bail to the petitioner.

Case Briefs High Courts

First-year law student appears as proxy counsel before Trial Court; Delhi High Court quashes FIR but after cautioning law students from indulging in such acts

The Delhi High Court observed that a law student shall not represent a party or provide legal counsel in any legal proceeding before a court of law before being properly enrolled by a bar council and being admitted to the bar.

Case Briefs High Courts

Punjab and Haryana High Court | FSL report forms the foundation of NDPS cases; its absence renders Section 173 CrPC report insufficient

Punjab and Haryana High Court granting bail to the petitioner emphasised that the NDPS cases can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally done through FSL.

Case Briefs High Courts

‘Sentencing policy’s twin objective is deterrence and correction’; Bombay High Court reduces POCSO convict’s sentence in a 7-year-old’s sexual assault case

The Court observed that the convict was a young boy of 20 years, who has no father, and was shouldering the responsibility of his widowed sister and her son, hence, imprisonment for a term of 14 years would be adequate, to teach him a lesson.

Case Briefs High Courts

Can a wife claim maintenance under S. 125, CrPC after obtaining a maintenance order in her favour under DV Act? Bombay HC answers

Bombay High Court: In a case where simultaneous maintenance claims were under different enactments, S.G. Mehare, J., held that mere

Case Briefs High Courts

Bombay High Court temporarily injuncts Griffon Biometrix Pvt Ltd. from using the word GRIFF or GRIFFON; Usage of the same amounts to infringement and passing off

Prima facie, it appears that the defendant entered the market with the impugned mark in the year 2018, only to ride upon the goodwill earned by the plaintiff over a considerable period.

Case Briefs High Courts

Punjab and Haryana High Court grants compensation to an unmarried daughter under Motor Vehicles Act

Punjab and Haryana High Court while disposing of the appeals challenging compensation awarded by Motor Accidents Claims Tribunal held, unmarried daughter is financially dependent on her deceased father and entitled for compensation.

Case Briefs High Courts

Opinion of the Medical Board in cases of termination of pregnancy is of considerable importance; Delhi High Court enlists standard factors on which the Opinion should be given by the Board

Delhi High Court: In a case filed seeking termination of pregnancy under the Medical Termination of Pregnancy Act, 1971 (MTP

Case Briefs High Courts

[NOXGUARD v. NONS] Bombay HC denies interim relief to Canadian pharmaceutical company in a confidentiality agreement breach suit

Bombay High Court: While addressing a case relating to confidentiality agreement breach, the Division Bench of Arif S. Doctor and K. R.

Case Briefs High Courts

Karnataka HC | Healthcare Global Enterprises’ loss of profit due to price regularisation of essential anti-cancer drugs, is not a ground for judicial review of a Government Policy

A Government Order regulating, and rationalising prices of essential anti-cancer drugs was challenged before the Karnataka HC. The Court clearly stated that the challenge vis-a-vis petitioner’s loss of profit, cannot be sustained