High Courts Archives

cooperative society membership succession dispute

Registrar under Maharashtra Cooperative Societies Act lacks jurisdiction to decide inheritance/validity of membership transfer: Bombay High Court

The Court clarified that it had not adjudicated upon the merits of title or succession and expressly left those issues open to be decided by a competent forum in accordance with law.

SAP personnel not entitled to superannuation

Case Briefs High Courts

Jharkhand HC: Special Auxiliary Police personnel are contractual appointees with a maximum tenure of 7 years, not entitled to superannuation benefit

“If any age of superannuation was to be included or read into the scheme, the same could only be done by a proper amendment and not by any recommendatory letter.”

Case Briefs High Courts

Severe injuries and missing nails, teeth: Chhattisgarh HC takes suo motu cognizance of illegal tiger poaching in Revti Forest, seeks response from Principal Chief Conservator

“Such a method is not only fatal to animals but poses a grave and imminent danger to human life as well, as any unsuspecting person may come into contact with the live electric traps laid for illegal poaching.”

Case Briefs High Courts

Stopping Stray Dog feeding at Society access points & School Bus Stops a child-safety measure, not wrongful restraint: Bombay High Court

Presence of aggressive stray dogs on streets are causing grave risk to the lives of children, elderly people and vulnerable sections of society and also unabling them to access streets and parks because of the fear of being attacked and bitten by the rabies infected stray dogs.

tribal woman sentence reduction over erroneous assumption

Case Briefs High Courts

“Not just or humane”: Rajasthan HC refuses to send woman back to prison despite sentence reduction over erroneous assumption of time spent in custody

“The discrepancy that occurred was not attributable to the petitioner in any manner; rather, it arose from a systemic lapse involving the Registry of this Court, the Trial Court, the governmental authorities, and the office of the Public Prosecutor.”

Case Briefs High Courts

Constructive res judicata bars re-litigation of interest claims; fresh arbitration impermissible after arbitral award: Bombay High Court

“Since disputes had already been subjected to arbitration and culminated in the Arbitral Award, the disputes and differences, including differences over interest payment prior to commencement of arbitration, are issues that are covered by constructive res judicata.”

Case Briefs High Courts

Illegal Tree Felling Case | ‘Complete area for afforestation not stated’: Madhya Pradesh HC directs State to file better affidavit giving details of compensatory plantation

The Court noted that the State’s report did not mention the complete afforestation area and the number of trees that could be accommodated there. Further, a part of that area was adjacent to a city forest, i.e., trees already existed there.

Case Briefs High Courts

“CEFDON” is deceptively similar to “CEDON”; Bombay High Court issues permanent injunction, imposes ₹5 Lakh Costs

“The Defendants shall each pay a sum of Rs. 5 Lakhs as costs to the Plaintiff within a period of 8 weeks from today.”

Case Briefs High Courts

Public funds can’t be given to ‘favoured few’: Madras High Court suggests audit of ‘scandalously high’ fees paid to Govt law officers

“The submission made before the Court as regards the financial wherewithal of the petitioner was factually correct, therefore, the Court did not want to doubt the statement of a counsel that he was unable to even engage a clerk for obtaining certified copies for the 818 cases.”

Case Briefs High Courts

Bombay High Court: Petition for substitution of ODR-appointed arbitrator misconceived; Parties directed to mediation before Court’s Mediation Centre

“One cannot possibly conclude there was no consensus simply because the terms and conditions of the agreement between the parties entailed conciliation and arbitration by a named and pre-agreed Online Dispute Resolution Agency portal.”

Case Briefs High Courts

Bombay HC dismisses plea seeking interim relief to House of Mandarin Restaurant over ‘HOM’ trade mark dispute

“Both the restaurants are premium restaurants which would obviously cater to a distinct well informed and well-educated consumer base and the likelihood of confusion is bleak in such cases.”

HIV positive person a person of disability

Case Briefs High Courts

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.