High Courts Archives | Page 104 of 591

Protestors hiding behind a shield of religious legitimacy by placing Guru Granth Sahib is no reason for State to not act against them: Punjab and Haryana High Court

“On account of handful persons sitting and blocking the road, inconvenience is being caused to the commuters and residents of the Tri-city and the misery is continuing.”

Case Briefs High Courts

No bar on political parties under Articles 243-ZA or 243-R of the Constitution from contesting municipal elections: Delhi High Court

The backbone of the Indian democracy are the people itself, who go on to choose their representative by way of direct election.

Case Briefs High Courts

‘Hindrance to traffic, free movement of people not a ground to reject permission for conducting political rallies’; Madras HC allows BJP President JP Nadda to conduct rally from alternative route

Madras High Court directed the District Secretary to comply with the conditions imposed by the Election officer and Police, and all the parties were directed to ensure that the rally takes place peacefully without giving rise to any law-and-order problem

Case Briefs High Courts

Delhi High Court rejects VCK party’s petition to allot “POT” symbol for contesting 2024 General Elections

“Petitioner has simply mentioned the numerical number of constituencies it intends to contest without complying with the mandatory provisions of the Election Symbols (Reservation and Allotment) Order, 1968”

Case Briefs High Courts

‘Duty of prosecution to examine Magistrate who conducted TI parade’; Orissa HC acquits dacoity convicts after severe lapses

“Non-examination of the Magistrate strikes a severe blow not only on the prosecution’s case but also on justice as irregularities committed in TI parade cannot be canvassed and discussed by the Trial Court in his absence from the witness box.”

Case Briefs High Courts

Not providing food to married woman over dowry demands constitutes physical & mental harassment: Madhya Pradesh High Court

Regarding the timing of the FIR in relation to the divorce petition, the Madhya Pradesh High Court held that the pendency of a civil proceeding does not bar criminal proceedings.

Case Briefs High Courts

[NH 39] Debarment/Blacklisting notice can cause civil death of business; following principles of natural justice a must: Delhi HC sets aside order declining suspension of debarment

Debarment encompasses a broader scope than termination, as it can prohibit an entity from entering into any contracts with a company altogether, rather than just ending one specific contract, as is the case with termination.

Case Briefs High Courts

Bombay HC grants interim bail to accused; doubts compliance of law by police

The Court stated that the allegations against the police officers are serious, and the latter need to respond to them.

Case Briefs High Courts

‘AMUL’ has gained wide, comprehensive and nation-wide reputation; its protection transcends all classes having been declared a well-known mark: Delhi HC

“What is striking, in this case, is that Respondent 1 has produced no document whatsoever which would prove their use since 1957, as claimed.”

Case Briefs High Courts

‘25% of net income of husband is just and proper as maintenance to wife’; Allahabad HC dismisses husband’s revision plea for alteration of maintenance

The proceeding u/s 125 CrPC. is summary in nature in which only prima facie it has to be seen that the applicant is the wife of opposite party. It is a social legislation enacted for protecting the wife, minor children, and parents of a person from vagrancy and destitution.

Case Briefs High Courts

Read why Kerala HC declined bail to accused persons in Puthiyakavu Temple blast case

Kerala High Court remarked that Kerala has a grim history of fireworks-related accidents

Case Briefs High Courts

Person cannot be said to be absconded or evaded the execution of warrant when he went to a distant place before issuance of warrant: Punjab and Haryana High Court

Petitioner asserts that his absence was neither intentional nor deliberate as prior to the registration of the FIR as well as complaint, he was not residing in India since having settled in UK in 1988.

Case Briefs High Courts

‘Discovery of material impacting assessment of total income not intended to set off a chain reaction’: Delhi HC quashes notices issued u/s Section 153C of the IT Act, 1961

“It is only once the Assessing Officer of the non-searched entity is satisfied that the material coming into its possession is likely to “have a bearing on the determination of the total income” that a notice under Section 153C would be issued.”

Case Briefs High Courts

Challenge to MPPSC’s 87:13 percent formula: Madhya Pradesh High Court issues notice

The MPPSC adopted a two-list formula, 87:13 percent formula, to divide the whole advertisement into two parts to declare result, i.e., holding back the results of 13% of both general and OBC category candidates for appointment and declaring result of 87%.

Case Briefs High Courts

Madhya Pradesh High Court issues notice in petition challenging BJP MLA Bhagwandas Sabnani’s election victory

The petitioner, Congress candidate PC Sharma, has alleged irregularities in the election process, specifically regarding the functioning of EVMs.

Case Briefs High Courts

MP High Court issues notice to Congress MLA Arif Masood over alleged concealment of loan information in Nomination Papers

The election petition is filed by Dhruv Narayan Singh, a BJP candidate from Bhopal Central Constituency, the same constituency as of the respondent.

Case Briefs High Courts

Google Play not a payment aggregator; Calcutta High Court dismiss Hoichoi’s plea against Google Play Store delisting

The extracts of the relevant web-pages furnished by the Hoichoi, the petitioners, themselves go on to show that the Google Play platform merely offers different payment methods but does not itself Act as a PA.

Case Briefs High Courts

[Excise Liquor Policy] | Arrest of Arvind Kejriwal not in contravention with law; Delhi High Court dismisses Arvind Kejriwal’s plea

Delhi High Court clarified that it is a legal matter between the petitioner and the Directorate of Enforcement, not a conflict between political parties. It stressed the need for the court to maintain its focus on the legal merits of the case, without being influenced by political dynamics.

Case Briefs High Courts

Karnataka HC initiates suo motu proceedings vis-a-vis non-compliance of Court orders by various government/semi-govt. authorities

The Court sternly noted that casual, lethargic and insensitive approach on the part of the authorities towards the compliance of the orders and directions of the courts cannot be tolerated.

Case Briefs High Courts

Husband demanding money from wife’s paternal home for rearing, maintaining of a newborn baby, not ‘dowry’: Patna High Court

The essential element of dowry is payment or demand of money, property or valuable security given or agreed to be given as “consideration of marriage”.