High Courts Archives

‘Separate orders required for bail bond cancellation and imposing penalty under S. 446 CrPC’; Himachal Pradesh HC allows appeal of a penalised surety, remands matter

“Bare reading of Section 446 of the CrPC makes out a case wherein separate orders are required to be passed by the Court, firstly, at the time of cancellation of the bail bonds, and secondly, when the penalty is imposed.”

Case Briefs High Courts

‘State bound to review within reasonable period of limitation if not prescribed’; P&H HC sets aside inspector’s demotion 7 years after acquittal in disciplinary proceedings

“It is settled proposition of law that where no limitation period is prescribed, authorities are bound to act within reasonable period. The reasonable period depends upon facts and circumstances of each case, there is no hard and fast or straitjacket formula.”

Case Briefs High Courts

‘Fresh appointments under new Rules extinguish prior contractual conditions’; Rajasthan High Court quashes order enforcing prior Service Bond

“How can it be termed to be a financial loss to the State Government when an employee who had been imparted training for some particular contractual job, continues to serve the State Government although, on regular basis.”

Case Briefs High Courts

Delhi HC grants ad interim injunction to Vinay Pictures; restrains unauthorized use of ‘Andaz Apna Apna’ film’s intellectual property

The plaintiff contended that the defendants were infringing the plaintiff’s rights in the ‘Andaz Apna Apna’ film by displaying/communicating to the public/hosting/utilizing content, creating merchandise, and online content related to the said film, which exclusively belonged to the plaintiff.

Case Briefs High Courts

Gujarat HC rejects PIL by self-acclaimed RTI activist on unauthorised construction near Lajpore Central Jail; Imposes 20 Lakh cost

“It is evident that the petitioner is blackmailing and is trying to extort money from the businessmen of the Surat city by creating fear in their mind that if they do not shell money, he would make a complaint of violation of one or the other laws.”

Case Briefs High Courts

Pendency of Arbitration does not prevent stamp authorities from initiating proceedings; Show Cause notice not an adverse order affecting parties’ rights: Allahabad HC

“The right to know and to effectively respond to the charges has been recognized as a fundamental feature of any administrative adjudicatory process. It is a fundamental principle of fairness that a party should have prior notice of the case against him and an opportunity to properly respond to the same”

Case Briefs High Courts

Delhi High Court: FEMA does not immunize IPC offences; ₹3,500 Cr Hawala accused can’t escape criminal charges

The case began with a search and seizure by the Enforcement Directorate under Section 37 of FEMA at the petitioners’ premises and during the operation, the petitioners allegedly confessed to illegal hawala transactions worth ₹3,500 crore routed abroad using fabricated documents to remit money to their companies in Hong Kong and Canada.

Case Briefs High Courts

Bombay HC denies relief to Symbiosis Law School student, suspended for her Instagram post on ‘Operation Sindoor’

The Court took note of the various posts by the petitioner on her Instagram, where most of the posts appeared to be political in nature, however, one post appeared to be contrary to the official version of the Government of India in relation to “Operation Sindoor” carried out recently.

Case Briefs High Courts

‘Granting relief will malign noble profession of advocacy’: Delhi HC dismisses anticipatory bail plea of an advocate in a road rage case

“Quite often, it is seen that road rage leads to loss of human lives as well. The damage caused gets aggrandized when one of the aggressors is a lawyer while the other is a President of a political organization.”

Case Briefs High Courts

‘Ban on manufacturing plastic of less than 120 microns’; Meghalaya HC issues set of directions to prevent use of plastic

Plastic waste cannot be easily recycled or safely destroyed. It causes waste management problems because of its long natural life; it chokes waterbodies and the drainage system, accumulating garbage in public places.

Case Briefs High Courts

‘Adopted similar modus operandi of habitually entering into dubious transactions’; Bombay HC rejects anticipatory bail plea of real estate agent who allegedly conspired to cheat restaurant owner

The applicant did not approach the Court with clean hands which is the sine qua non, in an application for pre-arrest bail and the complaint has merit for which the applicant may have to be interrogated for effective and appropriate investigation as the law would mandate.

Case Briefs High Courts

‘Example of internet-famous, unqualified quacks exploiting people’s insecurities’; P&H HC refuses anticipatory bail to influencer whose hair oil allegedly injured 71 people

“One cannot overlook the role played by the so-called beauty and fitness influencers in setting unrealistic standards by creating a make-believe world. In a bid to meet these fickle societal standards of beauty, vulnerable people go to extreme lengths and even undergo risky procedures.”

Case Briefs High Courts

Rajasthan High Court seeks State’s response on denial to extend the tenure of Chairman and Members of Permanent Lok Adalat

The Court cautioned respondent 4 (Principal Secretary, Law and Legal Affairs Department) to remain “alive to his duty” to file a proper and complete affidavit.

Case Briefs High Courts

Prolonged incarceration undermines right to life and liberty; conditional liberty must take precedence over statutory restrictions u/s 21 of MCOCA: Delhi HC

The accused has spent more than six years in custody, despite which, the matter is still at the stage of examination of prosecution witnesses and only 11 out of 100 witnesses are examined till now.

Case Briefs High Courts

‘Merely providing wrong policy number doesn’t rule out insurance company’s liability’; Jharkhand HC refuses relief to Reliance Insurance for carpenter’s death

“The claimants are not supposed to know the exact policy number, and they have gathered it from somewhere and produced it before the Motor Vehicle Accident Claim Tribunal.”

Case Briefs High Courts

MP High Court deprecates practice of Advocates filing affidavit affirming client’s factual assertions; directs Bar Association to issue guidelines

‘Fact that the appellant is falsely implicated and has not committed any crime, can’t be verified by an Advocate as he was not present at the time of incident.’

Case Briefs High Courts

‘Illegality is inherently incurable’; Bombay HC upholds demolition order against Aaryans World School, Pune for illegal structure

The Gram Panchayat’s permission/NOC has no relevance, and the required permission ought to have been obtained from the Collector in the absence of any Authority.

Case Briefs High Courts

Rajasthan High Court takes suo moto action over non-functioning of 16 Permanent Lok Adalats

The Court noted that although courts generally refrain from interfering in government policy, they are constitutionally obligated to intervene when such decisions infringe upon rights like access to justice or fair trial.

Case Briefs High Courts

All that MP High Court said on registration of FIR against BJP Minister Vijay Shah in Col. Sofiya Qureshi Remark Case

“This is gross subterfuge on the part of the of the State. The FIR has been drawn in a manner so as to assist the suspect Mr. Vijay Shah to be able to have the FIR quashed on a later date.”

Case Briefs High Courts

Objections under S. 47 CPC not allowed in enforcement proceedings of arbitral award, allowing such objection undermines S.34 A&C Act: Delhi HC

“The provisions of CPC are only applicable to the extent of ‘enforcement’ of an award which are reflected in Order 21 of CPC. The legislature did not intend to permit a challenge an award during enforcement proceedings again on merits as it would be contrary to the objectives of the A&C Act which aims to ensure finality and limited judicial interference.”