High Courts Archives

Bombay High Court orders release of detenue held without evidence; Takes note of judicial and investigative failures under S. 189 BNSS

“It is a sorry state of affairs because inspite of there being no evidence against the detenue and without any Order of Remand, the detenue is in custody, illegally.”

Sub-tenant bound by eviction order against tenant

Case Briefs High Courts

Eviction order against tenant binds sub-tenant if he fails to establish his tenancy directly under landlord’s predecessor-in-interest: Himachal Pradesh HC

“The sub-tenant was not a necessary party to an eviction petition on the ground of sub-letting, but since in the instant case the landlord herself had impleaded sub-tenant as a party, it could not be said that the sub-tenant was not the aggrieved party.”

Case Briefs High Courts

“Unbecoming of a member of the Bar”; Bombay HC denies anticipatory bail to Advocate couple in share trading scam with unrealistic 10-15% monthly profit claims

“The very fact that an advocate has issued a notice admitting payment of more than Rs 26 lakhs for liaisoning with revenue authorities indicates conduct which is prima facie unbecoming of a member of the Bar.”

Case Briefs High Courts

‘SDM couldn’t have initiated preventive proceedings in private dispute’; Himachal Pradesh HC quashes summoning notice under S. 111 CrPC

“In the notice issued by the SDM under Section 111 CrPC, he did not specify the substance of the information, the amount of the bond, the number of sureties or the period for which the bond was to remain in force.”

Case Briefs High Courts

Delhi High Court protects Karan Johar’s Personality Rights; grants interim injunction

“Given the commercial value of these publicity rights, a celebrity is entitled to safeguard his interest against any misuse of the personality attributes which includes his name, image, voice and likeness.”

Case Briefs High Courts

Section 179(1) BNSS does not empower police with unlimited jurisdiction; notice cannot be issued beyond own or adjoining station: Andhra Pradesh HC

Irrespective of petitioner’s age, gender, acute ill-health, the fact remains that, the Police Officer making an investigation cannot issue notice under Section 179(1) of BNSS to the petitioner, who is residing at Noida. However, it does not preclude the said officer to examine such person by approaching him.

arbitrary travel obstruction of protestors

Case Briefs High Courts

Prior permission for protest necessary; authorities cannot obstruct travel arbitrarily when protestor held valid tickets: Madras High Court

“The law requires prior permission before conducting demonstrations, and when such permission is granted, conditions must be respected.”

Case Briefs High Courts

Dealership and Lease Agreements are distinct, disputes must be litigated independently: J&K and Ladakh HC

“Order 2 Rule 2 and Section 11 CPC ensured that all claims were brought in one suit, and Section 11 CPC also operated to bar re-litigation of decided matters.”

FIR registration invalid ground to deny parole

Case Briefs High Courts

Mere registration of FIR invalid ground to deny parole: Himachal Pradesh HC grants 42-days parole for agricultural purposes

“The accused’s parole was denied by the District Magistrate as the victim’s mother had raised safety concern and also because during his previous parole, an FIR was registered against him for involvement in an altercation.”

Case Briefs High Courts

Delhi HC bars MCD from solid waste management at Delhi Airport and Aerocity; Affirms DIAL’s Domain

“The objective of 2016 Rules was not to create any monopoly in the MCD but to scientifically manage solid waste in order to protect and improve the quality of environment as also control environment pollution.”

Case Briefs High Courts

Accountability over Celebrity status: No leeway to cricketer Yusuf Pathan as Gujarat High Court holds him liable for encroaching on residential land

“The celebrities by virtue of their fame and public presence wield substantial influence on public behaviour and social values granting leniency to such persons despite their non-abeyance of law gives wrong message to the society and undermines public confidence in the judicial system.”

test to invoke summons under S. 319 CrPC

Case Briefs High Courts

Test to invoke S. 319 CrPC is whether unrebutted evidence would reasonably lead to conviction of person sought to be summoned: Orissa HC

In the present case, the petitioner was arrayed on suspicion and surmises over an extra-marital affair with the informant’s daughter-in-law, thereby leading to summons under Section 319 of the CrPC.

Case Briefs High Courts

Employers should not hinder ex-servicemen’s rehabilitation by denying them employment under quota: Punjab and Haryana High Court

‘Ex-servicemen retire from the armed forces in large numbers every year, at a comparatively younger age to their civil counterparts. However, the opportunities of their civil employment are not always proportional to the rate at which ex-servicemen are discharged.’

Case Briefs High Courts

Mandating local surety from non-resident, not just logistical inconvenience but assault on fundamental rights: Punjab and Haryana High Court

In the present case, the petitioners from Kolkata had furnished local sureties in Gurugram, however the documents of the sureties turned out to be fake.

Case Briefs High Courts

S. 198-B CrPC bars Magistrate from taking cognizance of rape under S. 376-B IPC without complaint by separated wife: Kerala HC

“The Magistrate had taken cognizance of the offence under Section 376-B IPC upon the final report filed by the Malappuram Police, against the legal embargo contained in Section 198-B CrPC.”

Case Briefs High Courts

Bombay High Court quashes money laundering case against Chamankar Enterprises in Maharashtra Sadan Scam

Anti-Corruption Bureau probed irregularities in granting of Rs 100 crore contract to the petitioners for three projects including the construction of Maharashtra Sadan in New Delhi. Based on such findings, Enforcement Directorate registered separate money-laundering case against the petitioners.

Case Briefs High Courts

Bombay High Court dismisses plea against CCI’s order for probe against Asian Paints over abuse of dominance in decorative paints market

The allegations made against Asian Paints were for offering arbitrary discounts and incentives to dealers in exchange of exclusivity by threatening the dealers against stocking the products manufactured Birla Paints and for coercing transport agents to avoid dealing in their products.

Case Briefs High Courts

Delhi High Court clarifies PMLA procedure; Lays down roadmap for Adjudicating Authorities on retention and seizure

Filing an application under Section 17(4) before the Adjudicating Authority does not ipso facto permit the ED to retain the seized property unless it also complies with the requirements of Section 20. Failure to do so would amount to a violation of the express procedure established by law.

Case Briefs High Courts

Punjab and Haryana HC sets aside compulsory retirement of 58-year-old District Judge; Criticizes Administrative Judge’s adverse remarks on integrity

“It is difficult to comprehend that an officer who had no adverse remarks in his entire career spanning 30 years, behaved and conducted himself in such a manner, compelling the Administrative Judge to categorize the District and Sessions Judge from ‘Very Good’ in 2009-10, down to ‘C’ (doubtful integrity) in 2010-2011.”

able-bodied husband unemployment maintenance

Case Briefs High Courts

‘Able-bodied husband’s unemployment no excuse to evade legal duty to maintain wife’ ; Calcutta HC sets aside Family Court’s order

“Once there is no denial of the fact that the husband is an able-bodied young man capable of earning, he cannot simply deny his legal obligation of maintaining of his wife equal to the status and strata.”