High Courts Archives

Pre-constitutional record decisive; Bombay High Court dismisses petition against Kunbi caste claim

“There was no reason for the Revenue Officer to give false opinion or fabricate a certified copy of the document, and hence the submission of fraud deserves to be rejected on this count alone.”

insurance policy with arbitration clause

Case Briefs High Courts

Read why Delhi HC held insurance policies issued after IRDAI’s 2023 circular containing arbitration clause constitute a valid arbitration agreement

The respondent submitted that no arbitration clause existed in light of the IRDAI Circular dated 27-10-2023 and Gazette Notification dated 23-1-2024, which had de-notified and superseded arbitration clauses in fire insurance policies.

Case Briefs High Courts

‘Ombudsman not a toothless division’; Delhi High Court directs RBI to strengthen grievance system of banks

“Increased use of various instruments for undertaking monetary transactions, such as — credit cards, debit cards and digital payment platforms also raises the possibility of misuse and resultant frauds.”

Case Briefs High Courts

Circumstantial evidence sufficient to prove ‘untoward incident’ under Railways Act: Bombay HC grants compensation to deceased’s parents

“The Railways Act is a beneficial legislation, and even in criminal matters, circumstantial evidence is taken into consideration for deciding whether the offence was committed or not.”

Case Briefs High Courts

Family Court not helpless or powerless to ensure execution of its warrant, provided correct address is supplied: Calcutta High Court

The Division Bench refused to interfere with the single judge’s order.

Case Briefs High Courts

‘Tribunal’s order is not advisory or optional’: Rajasthan High Court calls out State for not complying with Industrial Tribunal’s order

“Their failure to implement the order coupled with their attempt to raise a belated, untenable, and legally unsound plea before this Court without first invoking any statutory remedy exhibits a contumacious disregard for the rule of law.”

Case Briefs High Courts

No DCGI approval required for import of body massagers or sex toys used for General Wellness: Delhi High Court

“Massagers …do not require any approval under the Medical Device Rules, 2017 as they are not being used for therapeutic or alleviation of disease.”

Case Briefs High Courts

Teachers’ transfers cannot be politicised; Orissa High Court quashes Government directive allowing MPs/MLAs to influence posting decisions

“Political interference or affinity in the campus is not desirable in general and in the matters of transfer of teachers, in particular.”

Case Briefs High Courts

Read why Bombay HC held Investigating Agency cannot debit freeze bank accounts involved in cyber fraud under S. 106 BNSS

“The banks or other intermediaries are empowered only to place the disputed amount under lien and are not authorized to impose a debit freeze on accounts unless there is a specific order to that effect passed by a competent authority.”

Case Briefs High Courts

Daily monetisation of persona amounts to infringement; Madras HC grants interim relief protecting Ilaiyaraaja’s Personality Rights

“Ilaiyaraaj’s identity, name, image, and work are being exploited deliberately disregarding the celebrity’s personality rights, on digital platforms, to gain traction and generate revenue without authorisation.”

Case Briefs High Courts

Jharkhand High Court directs DLSA to inspect jails for food quality provided to inmates

“So far as providing food to the inmates in the different jails is concerned, the Court directed the Chairman, DLSA to visit along with the Secretary on any non-working day to conduct a surprise inspection.”

ban on harming trees extended to entire MP

Case Briefs High Courts

“Photographs show dismal state of affairs regarding transplantation”: MP HC extends ban on harming trees to entire MP, seeks responses from State Authorities

The Court directed that no tree shall be cut, pruned or transplanted in any manner in Madhya Pradesh except with the prior permission of the Committee constituted by the NGT and the Tree Officer concerned till the next date of hearing.

Case Briefs High Courts

4-year-old hung from tree by teachers as corporal punishment: Chhattisgarh HC takes cognizance, seeks response from School Education Department

As per the report, two female teachers punished the child for allegedly not completing his homework. Though the child was reported to be safe, the parents raised questions over the incident.

Case Briefs High Courts

“Type-1 Diabetes cannot hinder Right to Education”: Madhya Pradesh HC directs diabetic State-Level Badminton player’s admission to B.P.Ed. Course

“The respondents’ refusal to provide minimal dietary flexibility or safe insulin storage, both of which petitioner volunteered to manage at his own cost, constitutes denial of reasonable accommodation and hence discrimination per se. Even otherwise, Type-1 diabetes is not a recognized disability; therefore, exclusion of the petitioner on this ground is arbitrary and discriminatory.”

Case Briefs High Courts

Obtaining passport a constitutional right; Foreign travel necessity proof cannot be demanded to grant NOC for renewal: J&K and Ladakh HC

“A criminal court, while considering an application for a grant of NOC for a passport renewal, should only advert itself to the question as to whether the accused, if allowed to travel abroad, would be available to face the trial and no other factor should influence the decision.”

Case Briefs High Courts

Delhi HC protects well-known trade mark ‘GOLD FLAKE’; restrains use of mark ‘GOLD FLAME’ in sale of cigarettes

“Substituting ‘K’ with ‘M’ to form ‘GOLD FLAME’ from ‘GOLD FLAKE’ does not make the competing Marks dissimilar. A consumer of average intelligence and imperfect recollection or not well-versed in English would be unable to distinguish between the competing products.”

Case Briefs High Courts

“DNA test cannot be ordered in routine manner”: Allahabad High Court rejects husband’s plea challenging child’s paternity

In the present case, wherein the wife gave birth to a daughter on 17-12-2012, it was alleged by the husband that she had last visited him on 20-5-2011.

Constable's appointment under Freedom Fighter quota

Case Briefs High Courts

‘Sympathy cannot substitute law’; Punjab & Haryana HC dismisses Constable’s plea who was wrongly appointed under Freedom Fighter quota for 9 years

If the petitioner is permitted to continue only on the sole ground that he has completed nine years’ service, it would legalize his illegal act. It would prompt many other candidates to play such tactics and get a job. It is a matter of chance that his illegality was unearthed.

Arbitral award to TCS over cancelled exam

Case Briefs High Courts

Bombay High Court upholds arbitral award granting Rs 5.37 crore to TCS over cancelled recruitment examination

“The UPLA Secretariat terminated the agreement with TCS in 2016, citing anomalies in another examination conducted by TCS for the Railway Recruitment Board.”

Case Briefs High Courts

Mandatory services & package rate display; No denial of emergency aid: Kerala HC upholds State Clinical Establishments Act

“The Act does not create new constraints; rather, it operationalises the constitutional duties through a registration-cum-standards regime, a transparency mandate, and enforceable minimum requirements for emergency care and stabilisation.”