High Courts Archives

‘Right to life includes right to create life’; Rajasthan HC upholds Minor’s right to retain pregnancy against mother’s wishes

“The minor victim has the right to beget a life and/or create a life, which is a facet of Right to Life guaranteed under Article 21 of the Constitution of India”

Case Briefs High Courts

Eden Gardens Stadium not a ‘public place’; Calcutta High Court quashes Kolkata Municipal Corporation’s ₹51 Lakh Tax demand on Cricket Association of Bengal

“In common parlance, for a particular place to be a public place, the members of the public must have an absolute, unqualified and unconditional right of free access thereto of their own free will and volition without any restriction whatsoever.”

Case Briefs High Courts

Detailed Breakdown of Gujarat High Court Ruling on Delay in curing registry defects under Section 34 and its impact on arbitration applications

The Court noted that the registry did not follow the procedure prescribed in the GHC Rules for movement of the papers from the registry to the competent Court, thus there was no occasion for consideration by the Court concerned as to whether the respondents were entitled to condonation of delay in removal of office objections.

Case Briefs High Courts

Orissa HC quashes Permanent Debarment of higher judiciary aspirant from Government Service over procedural lapse

“The Government must conduct itself as a model employer and in a constitutionally ordained Welfare State a citizen could not be told that the reasons for a decision were stacked in the Godown of the Government since ours was not the East India Company of bygone era”.

Case Briefs High Courts

Delhi High Court directs Ghadi detergent to remove derogatory phrases targeting Surf Excel from its advertisements

It is permissible for an advertiser to undertake an advertising campaign to promote its own product so long as the same is not deliberately tarnishing or defaming the competitor’s product.

Case Briefs High Courts

Calcutta High Court upholds rejection of UCO Bank’s SARFAESI application by District Magistrate over Affidavit defects

The Court observed that since the jurisdiction of the District Magistrate under Section 14 of the Act, is not ministerial and not adjudicatory, such defects cannot be cured retrospectively or assumed to be merely procedural.

Case Briefs High Courts

Kerala High Court cracks down on plastic: Ban imposed in hills, weddings and public events

“The prolific use of plastic, coupled with unscientific and irrational methods of its disposal are leading to serious health hazard”

Case Briefs High Courts

Arbitrator cannot be impleaded in proceedings under S. 36(2) of A&C Act until prima facie case of fraud/corruption is established: Calcutta HC

The award debtor’s counsel contended that the bias is an element of fraud, and to adjudicate the allegations of fraud and/or bias, the member concerned of the arbitral tribunal is required to be impleaded in the proceedings under Section 34 and Section 36(2) of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Gujarat High Court: Registration/permission from authorities is mandatory to use premises either as PG Hostels or Home Stays

The Court directed the respondents to publicise the pre-requisite conditions necessary to be fulfilled before a premise may be used as a PG Hostel or a Home Stay.

Case Briefs High Courts

Know why Jharkhand High Court ordered interim stay on investigation against Bokaro Steel Plant officials in a protester’s death

The Court passed an interim order directing the respondents not to proceed with the investigation of the FIR.

Case Briefs High Courts

Calcutta High Court directs Transgender Person to file fresh passport application, Mandates Identity Card be duly considered

The Court observed that the transgender identity card of the petitioner shall be taken into account at the time of consideration of the petitioner’s application for passport.

Case Briefs High Courts

Houses cannot be used as prayer halls without permission from authorities: Madras High Court reiterates

“Mere non usage of loudspeaker and microphone will not solve the issue. The crux of the issue is that the petitioner cannot convert a house into a prayer hall to conduct prayer meetings. That requires proper permission from the authorities.”

Case Briefs High Courts

Police cannot invade homes of history-sheeters at odd hours under pretext of surveillance: Kerala High Court

“Every man’s house is his castle or temple, the sanctity of which cannot be vilified by knocking on the door at odd hours. A person’s right to life encompasses the right to live with dignity and dignity is non-negotiable.”

Case Briefs High Courts

Jammu & Kasmir & Ladakh HC orders return of 63-year-old woman deported to Pakistan after Pahalgam terror attack

“Human rights are the most sacrosanct component of a human life and, therefore, there are occasions when a constitutional court is supposed to come up with SOS like indulgence.”

Case Briefs High Courts

Bombay HC restores son & daughter-in-law’s eviction order under Senior Citizens Act emphasising on protection of life & property of the elderly

“The Appellate Tribunal had adopted an unduly hyper-technical approach, thereby defeating the very object and purpose of the special statute, which was in the nature of beneficial legislation enacted to safeguard the rights and interests of senior citizens”.

Case Briefs High Courts

Equivalency certificate from State Universities’ not required for degrees from national institutions like IGNOU: Kerala High Court

“If the courses approved by the UGC offered by a Central University are required to have the equivalence certificate from the State University, it would be the end of the education system.”

Case Briefs High Courts

Read why Allahabad High Court barred an Advocate from practising and entering its premises for three years

“Looking into the submission of the contemnor as also his previous conduct and punishments, we do not find any reason to accept his apology, as the same is very belated and is also not bona fide.”

Case Briefs High Courts

S. 197 CrPC | Police officer, allegedly exceeding official duty, is safeguarded by prior sanction if acts reasonably linked to official functions: Patna HC

“A mere excess or overreach in the performance of official duty does not, by itself, disentitle a public servant from the statutory protection mandated by law.”

Case Briefs High Courts

Gujarat HC grants temporary bail to Narayan Sai on ‘humanitarian grounds’ to meet ailing father Asaram Bapu

The counsels for the Narayan Sai urged that the final hearing of the appeal may take considerable time and therefore, at this stage, Narayan Sai may be enlarged on temporary bail for a period of 15 days to meet his ailing father.

Case Briefs High Courts

Delhi HC: Invoking S.18 of MSMED Act for dispute resolution not mandatory, but once invoked, party cannot seek appointment of arbitrator

“Once the mechanism under MSME Act is triggered by any party, the procedure has to be taken to its logical end. However, once there is no trigger by invoking the jurisdiction of the Council, party cannot be precluded from resorting to any other mechanism for resolution of its disputes.”