High Courts Archives

Guidelines for police arrest in court premises

Kerala High Court clarifies guidelines for police conduct during arrests in court premises; Establishes two-tier grievance redressal mechanism

“The State Government shall forthwith issue an Office Memorandum highlighting the clarifications noted above for the purpose of informing all the stakeholders of the contents of this order.”

Case Briefs High Courts

“Being MLA, he should’ve restrained, but refusing to stay conviction is injustice to him, his electorate”: Allahabad HC stays Abbas Ansari’s conviction in hate speech case

“He was a sitting MLA and due to his conviction in the present matter, he has been disqualified. Therefore, on one hand, his conviction deprived his constituency from legitimate representation and on the other hand, it also restrained him to represent his constituency.”

Case Briefs High Courts

‘Forum shopping cannot be allowed to litigants’; Bombay HC imposes Rs. 50,000 cost on litigant who sought recusal of Judges on scurrilous bribery allegations

“A Judge may recuse himself from a case entrusted to him by the Chief Justice with his own choice but recusal at the asking of a litigating party, unless justified must never to be acceded to. This would give the impression of the Judge being scared out of the case, just by the sheer force of the objection.”

Case Briefs High Courts

“Regrettable that Trial Court failed to conduct any effective proceedings”: Allahabad HC grants relief to woman in dowry case pending since 2004

“This prolonged and unexplained inaction by the Trial Court constitutes not only a denial of timely justice, but also a serious erosion of the rule of law and a violation of the wife’s fundamental right to a fair and expeditious trial.”

Case Briefs High Courts

Rajasthan High Court: Speedy disposal of Trademark application a Fundamental Right under Article 21

The Court issued a general direction to the Registrar of Trademarks to decide all pending trademark registration applications as early as possible.

Case Briefs High Courts

Mere crying of woman does not prove dowry harassment: Delhi High Court upholds discharge of husband and in-laws in dowry death case

It is quite understandable that being the deceased’s father, he would have been highly traumatized due to untimely death of his daughter. However, it is quite evident from his first statement that no details of the alleged harassment of the daughter were mentioned.

retrospective promotion of ASI held illegal

Case Briefs High Courts

“Court cannot permit to perpetuate illegality.”: P&H HC allows petition challenging retrospective promotion of Assistant Sub-Inspectors

“If the action of official respondents is not set at naught, it would legalize their action. It would create undue benefit in favour of private respondents as well as encourage officers to follow the same practice. It would be violative of Articles 14 and 16 of the Constitution of India because seniority and promotions are facets of conditions of service.”

Case Briefs High Courts

‘No copyright on film title’: Bombay High Court denies relief to ‘LOOTERE’ film producers against web series with same title

Mere registration of title with the film producers’ association does not create any statutory right in favour of the plaintiff to restrain defendants from using the title ‘LOOTERE’ for making of their web series.

Paternal Uncle acquitted in sexual assault

Case Briefs High Courts

Paternal Uncle set free after 10 years as Bombay HC quashes conviction in 3-year-old niece’s sexual assault case due to non-examination of victim and insufficient evidence

“Unless the Accused is granted a fair opportunity to defend his interest in a fair trial, an order of conviction would stand vitiated merely on such count.”

Case Briefs High Courts

Punjab & Haryana HC imposes Rs.50,000 fine on State for unjustified withholding of pension, citing violation of litigation policy

“The valuable time of this Court has been unnecessarily consumed in adjudicating the present avoidable litigation, which the petitioner was constrained to initiate on account of the conduct of the respondents in gross violation of law.”

Case Briefs High Courts

Capital gains tax applies to vintage car sale when no evidence of personal use is adduced: Bombay High Court

“Capability of a car for personal use would not ipso facto lead to automatic presumption that every car would be personal effects for being excluded from capital assets of the Assessee.”

Case Briefs High Courts

Delhi High Court grants interim relief to ICICI Bank in defamation case against ex-employee

The Defendant was discharged from service during the probation period itself and upon discharge he published statements and videos disparaging ICICI Bank.

Case Briefs High Courts

“Revenue proceedings pending endlessly, poor litigants only able to file writ petitions”: Allahabad HC expresses surprise over 68 adjournments due to Bar Council strikes

“It is surprising that out of the 102 dates fixed in the case, on 68 dates the case was adjourned due to calls for boycott or condolence by the local bar association.”

Case Briefs High Courts

Bombay High Court quashes notice issued by Magistrate to HDFC Bank’s MD-CEO in defamation case

There is a purpose of recording the verification of the complaint, as it gives an opportunity to the Magistrate to ascertain whether to proceed further. When the accused is recognised with a right of audience, they have got every right to insist on the compliance of the procedure regarding verification.

Case Briefs High Courts

‘Can’t allow borrowers to wiggle out of liability by using tenancy mechanism’; Allahabad HC directs grant of secured asset’s possession to Axis Bank

“Once an order has been passed under Section 14 of the SARFAESI Act, the authorities are required to act in pursuance of the same and as per the provisions of the Act. The mechanism used by the borrowers to wiggle out of their liability cannot be countenanced by us.”

Case Briefs High Courts

Punjab and Haryana High Court dismisses petition to set aside defamation case against TV Today Network

It remains undisputed on record that the complaint filed by Respondent 2 has disclosed commission of non-cognizable offence by the TV Today Network.

clicking woman's photograph not stalking

Case Briefs High Courts

Can clicking a woman’s photograph attract the offence of stalking under S. 78 BNS? Himachal Pradesh HC answers

“Section 78 BNS punished a person who followed a woman and contacted her to foster personal interaction repeatedly despite a clear indication of disinterest by her or monitored her internet use, email or other form of electronic communication.”

explanation for delay in cross-examination

Case Briefs High Courts

P&H HC seeks explanation from Trial Judge regarding delay of seven weeks in conducting cross-examination of key witness

The way trial proceedings are being carried out appears to be in derogation of the principles of fair trial.

Case Briefs High Courts

Maths Lecturer to get promoted under 2014 Placement Rules as Orissa High Court quashes rejection order

“The laudable object of the policy in question is to boost the morale of teaching staff and to attract meritorious candidates to the noble profession of teaching, since it is the teachers, who play a pivotal role in building nations & civilizations.”

injunction under Arbitration act to restrain board meeting

Case Briefs High Courts

Injunction under S. 9 of Arbitration and Conciliation Act cannot be granted to restrain board meeting for removal of Director: Delhi High Court

The remedy under Section 9 is equitable, discretionary in nature and primarily exercised to preserve subject matter of arbitration or to prevent frustration of arbitral proceedings. Such power must be exercised cautiously, particularly where interim relief sought effectively amounts to grant of final relief or impinges upon statutory powers conferred under Companies Act, 2013.