High Courts Archives

Invocation of power of Judicial review in proceedings under S. 9 of Arbitration Act would run afoul to principle that merits of termination of contract must essentially be determined by Arbitral Tribunal: Delhi HC

The Court also upheld the validity of the termination notice issued by the NHIDCL and refused to interfere with its actions against the construction company.

Case Briefs High Courts

Denying sexual intercourse to spouse, without sufficient reason amounts to mental cruelty: Allahabad High Court grants divorce

Allahabad High Court said that the Court below has adopted a hyper technical approach and passed the dismissal of the husband’s divorce petition

Case Briefs High Courts

[POCSO] Not expected for 7-year-old child to recapitulate the harrowing incidents with mathematical precision; Delhi High Court upholds conviction based on child testimony

Delhi High Court observed that it cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly.

Case Briefs High Courts

Admonishing wife for having illicit intimacy will not amount to abetting wife to commit suicide: Telangana High Court

A wife having illicit intimacy with another person will adversely affect the husband and family, both personally and in society. The husband cannot sit quite if the wife is having illicit intimacy with another person.

Case Briefs High Courts

Delhi High Court dismisses PIL by journalist seeking CBI ‘status report’ in NSE fraud by Chitra Ramkrishna

The petitioner is a journalist having specialization in investigative, business, and human-interest news features, has exposed Coal Scam in 2011 and Airport scandal in Delhi, and received various awards from time to time.

Case Briefs High Courts

Sub Divisional Magistrate exercising adjudicatory powers, acts as Revenue Court subject to control and supervision of Board of Revenue: Allahabad High Court

Allahabad High Court said that when a superior court issues an order of remand to an inferior court with certain directions, the latter is obligated to decide in accordance with the said directions.

Case Briefs High Courts

Karnataka High Court sets aside orders sanctioning prosecution of 3 persons alleged to have provided luxury amenities to Sasikala during her detention in jail

The State Government had issued the impugned orders to sanction prosecution against the petitioners under the provisions of Prevention of Corruption Act, 1988.

Case Briefs High Courts

No relief for actor Unni Mukundan in sexual harassment case; Kerala High Court directs Trial Court to proceed with trial

Kerala High Court observed that “The materials placed by the prosecution prima facie disclosed the existence of all ingredients constituting the alleged offences.”

Case Briefs High Courts

Delhi High Court dismisses petition filed by a retired judicial officer challenging selection of Chairman at Competition Commission of India

Additional Solicitor General submitted that Ms. Ravneet Kaur, an IAS officer was appointed as Chairman, Competition Commission of India by the Selection Panel.

Case Briefs High Courts

Delhi High Court allows parties to nominate arbitrator upon Dispute Redressal Committee’s failure to settle dispute

The stipulations contained in Clause 25 of the Agreement must consequently be read down and understood to mean that at least one or more of the members of the Arbitral Tribunal must possess the qualifications as prescribed in Clause 25.

Case Briefs High Courts

Police not allowed to seal factory premises under Section 115 of Trade Marks Act: Bombay High Court

Bombay High Court explained that there is no power vested in the police under Section 115(4) of Trade Marks Act, 1999 to seal the factory premises, where the incriminating articles are situated.

Case Briefs High Courts

Victim’s parents ‘exaggerated’ their versions to attract POCSO Act; Calcutta High Court acquits accused

The Court observed that the prosecution evidence on being scrutinised should inspire the confidence of the Court regarding the factum of sexual intent being involved in the case in hand.

Case Briefs High Courts

General principle of simultaneous action will not apply in departmental and criminal proceedings covered by Bipartite Settlement: Allahabad High Court

Allahabad High Court said that the Tribunal has not considered the effect of acquittal of the petitioner from the identical criminal charges. The judgment is completely silent about the same. This is an apparent perversity on the part of the Tribunal.

Case Briefs High Courts

Delhi High Court denies injunction under S. 9 of A&C Act as it will delay the strengthening and overlaying of NH-48 initiated by NHAI

Sections 20-A and 41(ha) of the Specific Relief Act, 1963 expresses the legislative intent to not grant injunctions relating to infrastructure projects where delay may be caused by such an injunction. Thus, the role of Courts in this exercise is to interfere to the minimum extent so that public work projects are not impeded or stalled.

Case Briefs High Courts

Delhi High Court grants anticipatory bail to Vikas Malu, in a rape case filed by wife, who also accused him of killing Satish Kaushik

Delhi High Court observed that if the petitioner raped the victim forcibly in the month of February 2019 then it is difficult to digest that she would accompany the petitioner to Chandigarh in the last days of February to attend Celebrity Cricket League and meet the celebrities.

Case Briefs High Courts

Delhi High Court directs Trade Mark Registry to conduct phonetic search of a mark even at the preliminary stage

When an application is submitted for registration of a mark which involves a word, then, even at the preliminary stage, a word mark search as well as a phonetic search shall be conducted, so that the possible marks which are phonetically similar to the mark applied for, are thrown up as suggested result.

Case Briefs High Courts

[Civil Defence Volunteer Enrolment] Eligibility condition ‘place of residence’ being Delhi not violative of Articles 14, 16 and 21: Delhi High Court

A person who is residing in South India does not know the geography of Delhi and if recruited as civil defence volunteer, and in case of emergency he will get lost in Delhi instead of reaching to the place where emergency has occurred

Case Briefs High Courts

Departmental Proceedings cannot be continued after superannuation of employee unless provided under the Service Rules: Orissa HC reiterates

The Court said that even if the Departmental Proceeding was initiated prior to the superannuation of the delinquent employee, the same cannot be continued unless specifically provided under the Service Rules.

Case Briefs High Courts

Delhi High Court refuses injunction against Harpercollins Publisher for novelizing screenplay of 1966’s Nayak; holds Satyajit Ray, not RD Bansal owns copyright

The screenplay of the film is entirely the work of Satyajit Ray. ‘Nayak’ was also entirely the directorial effort of Satyajit Ray. The plaintiff, RD Bansal is merely the producer of the film.

Case Briefs High Courts

Gujarat High Court grants interim relief to Delhi L-G Vinai Kumar Saxena in 2002 assault case

Lieutenant-Governor of Delhi was alleged of assaulting Narmada Bachao Andolan activist Medha Patkar.