High Courts Archives

Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional: Telangana High Court

The Andhra Pradesh Micro Finance Institutions (Regulation of Money Lending) Act, 2011 and the Telangana Micro Finance Institutions (Regulation of Money Lending) Act, 2011 are not unconstitutional and the NBFCs operating in the States of Telangana and Andhra Pradesh registered with the RBI will be excluded from the purview of these two enactments.

Case Briefs High Courts

Punjab and Haryana High Court orders for arrest of dismissed Punjab DSP Balwinder Singh Sekhon in Contempt Case

In a case of circulating malicious, libelous and derogatory videos pertaining to the judicial proceedings, the Punjab and Haryana High Court ordered the arrest of dismissed DSP Balwinder Singh Sekhon and another. The Court also directed global blocking of access to all the videos circulated so far.

Case Briefs High Courts

Paucity of funds cannot be a ground for denying payment of salaries; Manipur High Court directs the release of salary due payable for ten years

The Manipur High Court held that paucity of funds could not be a ground for denying payment of salaries and therefore, directed the release of salaries due payable for ten years along with interest at 6% per annum.

Case Briefs High Courts

Delhi High Court directs appearance of Hospital for not adhering to strict timelines under Transplantation of Human Organs Act, 1994

Strict timelines prescribed under the Transplantation of Human Organs Act, 1994, were not being adhered to in taking decisions of organ transplant, therefore, the Delhi High Court directed appearance of hospital on the next date of hearing, failing which costs would be imposed.

Case Briefs High Courts

Who is competent to lodge FIR as per S.4 of U.P. Prohibition of Unlawful Conversion of Religion Act?: Allahabad High Court explains

Allahabad High Court said that the impugned FIR has been lodged by the person who claims to be a victim of conversion obtained by misrepresentation, coercion and allurement, and as per Section 4(e) is the person competent to lodge the FIR.

Case Briefs High Courts

Delhi High Court dismisses PIL filed praying for an amendment in Delhi Prison Rules, 2018 to allow visit of the legal counsel to their clients in Delhi prisons more than twice a week

In matters of policy, the Courts do not substitute their own conclusion with the one arrived at by the Government merely because another view is possible.

Case Briefs High Courts

Delhi High Court dismisses WinZO’s plea against Google LLC’s download warning

Google LLC’s download warning in respect of all third-party applications was a mere disclaimer and there was no case made out for trade mark infringement.

Case Briefs High Courts

Delhi High Court directs Union to release of Rs. 5 crores to AIIMS, Delhi for treatment of children suffering from Rare Diseases

The Court directed Union of India to place on record an affidavit within a period of one week giving the complete information of the funds released from the Rare Diseases Fund to various Centres for Excellence and the number of patients for whom treatment has been approved till date.

Case Briefs High Courts

First proviso to Rule 55-A of TN Registration Rules ultra vires and unconstitutional to the Registration Act, as well as the substantive provisions of TP Act: Madras High Court

Madras High Court said that Rule 55-A is delegated legislation which cannot go beyond the scope of the Parent Act viz., the Registration Act as well the Transfer of Property Act which is the substantive law governing the transfer of immovable properties. Hence, it is held that the first proviso is clearly ultra vires and unconstitutional.

Case Briefs High Courts

Delhi High Court upholds LOC issued by SFIO for alleged siphoning off public funds of public sector banks and financial institutions

LOCs impinge upon the individual’s right to travel which is recognised as a Fundamental Right. However, the rights and interest of the investing public would also be a relevant consideration which cannot be ignored.

Case Briefs High Courts

Delhi High Court lays down guidelines for convicts suffering work related amputation or life-threatening injury in jail

As there was no monitoring or remedial mechanism available to address the legitimate grievances and prayers for being compensated for work related injuries sustained by a convict-inmate while serving sentence, the Delhi High Court laid down certain guidelines that would be applicable only in the case of amputation, or any other life-threatening injury, arising out of work-related injury, sustained by the convict.

Case Briefs High Courts

Delhi High Court directs BSNL to initiate departmental action against officers on allegations of criminal conspiracy relating to Cellular Mobile Network’s Phase-VII Expansion tender

The Status Report submitted by CBI suggested that a departmental inquiry must be initiated against Mr. Anupam Srivastava, the then CMD, BSNL as Head of the Management Committee of BSNL for making modifications in the payment milestone without deliberating upon the efforts to acquire the sites which resulted into financial loss and technical degradation.

Case Briefs High Courts

State Tax Officer cannot prosecute if Central Authority has already initiated action in respect of the same subject matter: Madras High Court

Madars High Court said that truth will come out only when the petitioner appears before the respondent pursuant to the summons received by him and not otherwise. Further, held that if it is the same subject matter, the State Authority cannot prosecute the petitioner once again as the Central Authority has already initiated action against the petitioner in respect of the very same subject matter

Case Briefs High Courts

Allahabad High Court quashes criminal proceedings against Senior Advocate Salman Khurshid for uttering offending sentence against Yogi Adityanath

Allahabad High Court said that as Salman Khurshid has regretted his offending comment, thus the continuation of the impugned proceedings against him would not be justified

Case Briefs High Courts

‘Temporary employee should be replaced by a regular employee and not another temporary employee’; Kerala High Court reiterates

Going along with the contention that a temporary employee shall be replaced only by a regular employee and not another temporary employee, the Division Bench of Kerala High Court refused to interfere with the discretionary orders by Single Judge directing the University to continue with engagement of sweeper-cum-cleaners on a daily wage basis.

Case Briefs High Courts

[IBC] Statutory authorities chose not to submit their proof of claim; Delhi High Court quashes show cause issued by Directorate of Revenue Intelligence

In the instant case, the Directorate of Revenue Intelligence neither submitted proof of claim nor responded to a specific communication via an e-mail addressed to Senior Intelligence Officer. This is a case where despite knowledge, the statutory authorities chose not to submit their proof of claim.

Case Briefs High Courts

Bombay High Court refuses to interfere with arbitration award for consolidated claims

Concluding that the principal contention raised by the petitioner regarding consolidation of claims arising out of nine separate contracts is devoid of substance, the Bombay High Court dismissed the petition refusing to interfere with the arbitral award.

Case Briefs High Courts

There is a difference between false promise to marry and breach of promise to marry; Calcutta High Court quashes offence of Rape

While examining the difference between false promise to marry and breach of promise to marry, the Court held that from the facts and circumstances of the case i.e., the extent of being physically involved with her on the false promise to marry in near future. The defacto-complainant being already married, the petitioner cannot be held liable for committing the alleged offences.

Case Briefs High Courts

KFC cannot have exclusive right in the word “CHICKEN”; Delhi High Court directs Trade Mark Registry to instead consider application for advertisement of the mark “CHICKEN ZINGER” in Class 29

The Delhi High Court held that KFC cannot have any exclusive right in the word “CHICKEN”, but the Court directed the Trade Mark Registry to proceed for advertisement of application for the mark “CHICKEN ZINGER” in Class 29.

Case Briefs High Courts

Special Courts under SC/ST Act can order lodging of FIR and pre-trial proceedings, under Section 156(3) of CrPC: Allahabad High Court reiterates

Allahabad High Court saidthat in absence of any specific exclusion, Exclusive Special Courts/Special Courts under SC/ST Act, 1989 may exercise powers to order FIR and investigation as per provisions of Cr PC to achieve object of the Act and ensure speedy justice.