High Courts Archives

Meghalaya HC grants bail to HIV positive accused under NDPS Act

The accused person required special consideration to get proper treatment or to recuperate from her suffering in an environment congenial to her.

Case Briefs High Courts

Delhi High Court lays directions regarding the rights of persons with disabilities in respect of the movie ‘Pathaan’

Under Section 42 of the Act, Rights of Persons with Disabilities Act, 2016 making available tools to provide access to information and communication technology to persons with disabilities is mandatory in law and not providing the same would also constitute an offence under Section 89 and 90 of the said Act.

Case Briefs High Courts

Courts should ensure witness testimonies are not motivated by revenge/external influence before allowing Section 319 CrPC application: Calcutta High Court

The Calcutta High Court held the power under Section 319 of the CrPC should be exercised sparingly and based on strong and cogent evidence, not mere probability of complicity.

Case Briefs High Courts

Telangana High Court upholds validity of Sections 5, 6 and 15 of Press and Registration of Books Act, 1867

“The legislature itself has defined the books and newspapers separately. The wrath of Article 14 of the Constitution is attracted only when equals are sought to be treated differently.”

Case Briefs High Courts

How to evaluate a suit’s legality in application under Order 7 Rule 11(d) of CPC? Calcutta High Court answers

When evaluating an application under Order VII Rule 11(d), the court should determine whether the suit is barred by law based on the allegations in the plaint taken as true.

Case Briefs High Courts

Whether insisting the deceased to repay the loan borrowed and telling him to die amounts to abetment to suicide? Karnataka HC answers

In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such an action on the part of the accused which compels the person to commit suicide.

Case Briefs High Courts

Subsequent purchase of land acquired by State does not give purchaser right to challenge acquisition: Calcutta High Court

Calcutta High Court held that the issuance of a subsequent notification and the notice by the National Highway Authority did not affect the validity of the earlier acquisition.

Case Briefs High Courts

‘Unlikely to be implicated in multiple FIRs at whims and fancies of Investigating Agency’: Punjab and Haryana HC refuses bail in NDPS matter

Deciding for similar facts, the Supreme Court had granted anticipatory bail, as cited by Punjab and Haryana High Court in the instant matter.

Case Briefs High Courts

Expression of Interest must adhere to principles of fairness and non-discrimination; lack of transparency renders it arbitrary: Calcutta High Court

The Calcutta High Court held that an Expression of Interest can be treated as an offer if it lacks consideration and obliges one party to accept it without the opportunity to make a counteroffer.

Case Briefs High Courts

Delhi High Court orders suspension of domain names and blocking of Telegram channels for illegally sharing Apna College study material

“If the defendants are not blocked from disseminating the copyrighted material of the plaintiff, the plaintiff would suffer enormous monetary loss apart from loss of subscribers and of goodwill.”

Case Briefs High Courts

Orissa Association for Blind not ‘State’ within meaning of Article 12 of the Constitution: Orissa HC

The tests laid down in Ajay Hasia v. Khalid Mujib Sehravardi, (1981) 1 SCC 722 were not fulfilled, hence, the Association is not ‘State’ within Article 12.

Case Briefs High Courts

Suppression of income can be used to infer that husband has sufficient means to maintain his wife: Calcutta High Court

In the case at hand, the husband’s contradictory statements about his employment and dependency on others for income created doubt about his actual income, led to affirmation of maintenance order.

Case Briefs High Courts

Delhi High Court refuses modification in bail condition mandating prior Court permission to travel abroad

Merely because the condition imposed by the Court as per law is causing inconvenience to the petitioner, it can neither become a ground for deletion of the condition nor it can be said that the same amounts to violation of her fundamental right to travel abroad.

Case Briefs High Courts

Appellate Courts should choose acquittal over remand to safeguard rights of accused: Calcutta High Court

The prosecution failed to establish the misbranding of the “Red Label Natural Care Tea” beyond a reasonable doubt as the report of the public analyst, was not adequately proven.

Case Briefs High Courts

Parental Alienation from father who never showed any neglect is an extreme act of mental cruelty: Delhi High Court upholds divorce

“The child has not only been totally alienated, but has also been used as a weapon against the father. Nothing can be more painful for a parent to see the child drifting away and being totally against the father.”

Case Briefs High Courts

[Motor Accident Claims] Calcutta High Court enhances compensation due to extensive medical treatment and victim’s permanent disability

“The person who works in any field if his right hand suffered deformity that will definitely affect inconvenience, hardship, discomfort, frustration and mental stress in his life.”

Case Briefs High Courts

COFEPOSA Act | ‘Inordinate delay of 30 years’ compels Bombay High Court to quash 1993 detention order

“The satisfaction of the authorities based on conduct must precede action for prevention based on subjective satisfaction.”

Case Briefs High Courts

Delhi High Court restrains Jio Live TV and other rogue websites to telecast ICC Men’s Cricket World Cup 2023 matches

The World Cup matches form an important and integral part of the events over which the ICC exercises rights which have been licensed to Star India Private Limited. An injunction is called for in the present matter as these are one-day international matches and any delay in blocking the rogue websites would, result in considerable pecuniary loss and result in irreparable violation of the Broadcast reproduction rights.

Case Briefs High Courts

Decoding Allahabad High Court verdict on applicability of doctrine of severability on arbitral awards

“Section 34 confers power on the court to set aside an award, the power could be exercised to set aside any or all such awards, whether composite, interim, final or additional”

Case Briefs High Courts

Delhi HC suggests Ministry of Higher Education to provide uniform eligibility conditions for recruitment to various teaching posts

“The different eligibility conditions prescribed by different institutions under the same Board are not comprehensible as it keeps out large number of eligible candidates.”