High Courts Archives

HIV positive person a person of disability

HIV+ employee a ‘person of disability’ under RPwD Act; Delhi HC grants relief to BSF constable

“An HIV positive employee would unquestionably be suffering long term physical impairment, which would hinder his full and effective participation in society.”

Case Briefs High Courts

Bombay HC: Extraordinary jurisdiction can be invoked to order stamp duty refund on unexecuted agreement despite Section 48 limitation under Maharashtra Stamp Act

“The stamp duty is not a transaction tax, but a duty payable on an instrument, which must be executed to be chargeable.”

legal aid Indian Citizens working abroad

Case Briefs High Courts

State has Constitutional Duty to provide legal aid to Indian citizens working abroad: Madras High Court

“Overseas employment is a reality… When the Government is receiving benefit from the migrant workers, it has a correlative and corresponding duty to rush to their rescue when issues arise out of such overseas employment.”

fresh remedy under Art 226 after availing statutory remedy

Case Briefs High Courts

Fresh remedy under Article 226 barred once statutory remedy availed: Allahabad High Court rejects Writ after Assessee files rectification application under IT Act

“When on the same facts, a person has the right to claim one of two reliefs and with full knowledge he elects to claim one and obtains it, it is not open to him thereafter to flunk out on his election and claim the alternative relief.”

Court of Inquiry merely a fact-finding exercise

Case Briefs High Courts

Court of Inquiry under BSF Rules not a disciplinary proceeding but merely a fact-finding exercise: J&K and Ladakh HC

“The findings returned by the Court of Inquiry shall be in the nature of a preliminary report which shall facilitate the BSF authorities to decide as to whether the disciplinary proceedings against the delinquent are required to be initiated or not.”

Case Briefs High Courts

“More than 16 years have passed but this project is still slow in progress”: Read why Allahabad HC issued directions for implementation of Inter-Operable Criminal Justice System

“ICJS has been established to make justice delivery system more effective by integrating main pillars of criminal justice, i.e., the police (CCTNS), courts (e-courts), jails (e-prisons), forensic lab (e-forensic) and prosecution (e-prosecution).”

Case Briefs High Courts

Continued online circulation of arrest reports after discharge violates Right to Dignity; Delhi High Court upholds interim de-indexing against Media House

While the media enjoys freedom of speech and expression, but such right is not absolute and stands correspondingly delimited by the right of an individual to dignity and reputation.

Case Briefs High Courts

Intra-court appeal not maintainable in patent disputes; Commercial Courts Act overrides Letters Patent of High Court: Madras High Court

“Any expansion of the scope of the Commercial Courts Act would defeat its objectives, and there is no ambiguity regarding appeals from decrees of Commercial Courts and Commercial Divisions under Section 13 of the Commercial Courts Act.”

Case Briefs High Courts

Kerala High Court flags arbitrary delay in filling veterinary posts in Lakshadweep; Issues directions

The grievance was that livestock across inhabited islands were left without access to qualified and registered Veterinary Surgeons, resulting in prolonged absence of medical care.

Case Briefs High Courts

“Gustakh-e-nabi ki ek saja, sar tan se juda” is challenge to sovereignty and integrity of India: Allahabad High Court

The slogan was first used in Pakistan and thereafter was spread to India and has been widely misused by certain Muslims just to intimidate people of other religions and to challenge the authority of the State.

Case Briefs High Courts

Kerala High Court denies Bail to Ex-Devaswom Board Officials in Sabarimala Gold Misappropriation Case

The incidents that led to the case has deeply hurt the religious sentiments of scores of Ayyappa devotees and pilgrims.

territorial jurisdiction in trademark cases

Case Briefs High Courts

Trade Mark registration or Online Listing alone doesn’t confer Territorial Jurisdiction in infringement suit: Delhi High Court

The Court held that “the conclusion arrived at by the learned Single Judge that this Court did not have the territorial jurisdiction to entertain the suit cannot be faulted.”

Case Briefs High Courts

Madras High Court: Law and order no ground for disobedience of judicial orders; Officials held accountable for ignoring directions in Thiruparankundram hill lamp case

“Law and order cannot be a ground for flouting a court’s order, as that would be inexcusable, amount to a breakdown of law and order, and ultimately lead to paralysis of the constitutional machinery.”

Case Briefs High Courts

“It was not committed at a place within public view”: Rajasthan High Court sets aside 1994’s conviction for caste abuse

“The incident is averred to have transpired within close precincts, specifically within the four corners of the walls of the shop premises. This description denotes a spatially confined and enclosed environment, shielded from casual public access and observation.”

Bail rejection police officials abduction

Case Briefs High Courts

Magistrate not bound by Investigating Officer’s opinion: Bombay High Court rejects bail application of police officials accused of abduction and extortion

“The Magistrate undeniably is vested with the powers to accept the charge sheet as it is or independently apply his mind to the facts emerging from the investigation and take cognizance of the case, as he deems fit.”

Case Briefs High Courts

Altruistic kidney donation can’t be stalled on mere apprehension of commercial transaction: Karnataka High Court

“Petitioner being a Doctor by profession, major in age, and knowing all the aspects relating to the donation of the kidney… thereto, her request has to be given due credence and accepted and put in action.”

temporary employee entitled to maternity benefits

Case Briefs High Courts

Temporary employment or technical break in Service not ground to deny maternity benefits: Bombay HC

“Every woman shall be entitled to maternity benefit at the rate of her average daily wage for the period of her actual absence, including the day of her delivery as well as the days immediately preceding and following her delivery.”

Bombay High shocked at unsafe childbirth

Case Briefs High Courts

“₹771 Crores spent, yet basic maternity healthcare missing in hilly and tribal Maharashtra”: Bombay High Court takes suo motu cognizance

“Government is bound to give good health facilities to the citizens and it should reach to every citizen.”

Case Briefs High Courts

‘Possibility of larger controversy cannot be ruled out’; Allahabad HC denies relief to MLA Chandrashekhar Azad in Saharanpur Violence Case

The Court stated that considering that Chandrashekhar is a sitting MLA and the alleged offences were allegedly committed by his party workers, the argument that there might be a larger conspiracy could not be ruled out.

Gifts received from parental home not source of income

Case Briefs High Courts

Gifts received from parental home, Stridhan not source of income to deny maintenance claim: Delhi High Court

“The claim for maintenance must be assessed with reference to her present earning capacity and ability to sustain herself in the standard of living she was accustomed to during her marriage, and not on the financial status of her natal family.”