High Courts Archives | Page 125 of 591

Calcutta High Court modifies Special Referee’s report; determines Mesne profits and monthly rents based on Cost Inflation Index

Calcutta High Court held that based on the Lease Deed, the defendant’s possession after the original term was an extension, not a renewal, and a new lease document was not required.

Case Briefs High Courts

‘Scope of interference in arbitration award passed u/s 34, 37 of A&C Act is limited unless error appears on face of record’; Telangana HC dismisses appeal

“The expression ‘public policy’ is of wider amplitude and hence, where award passed by arbitral tribunal is against the terms of contract or against law of land for time being in force, such an award is against public policy of India and is liable to be set aside under Section 34 of Arbitration and Conciliation Act, 1996.”

Case Briefs High Courts

Calcutta High Court affirms rejection of Section 311 CrPC application due to bar on criminal revision under Section 397(2) CrPC

The Calcutta High Court observed that Section 311 of the CrPC provides wide discretionary powers to courts for summoning, examining, or recalling witnesses if their evidence is essential to a just decision.

Case Briefs High Courts

Securities Misappropriation | Calcutta High Court sets aside Magistrate’s orders on non-compliance of mandatory provision of Section 202 CrPC

“The compliance of provision under Section 202 of the CrPC, 1973, is compulsory and unavoidable for a Magistrate before issuance of summons in case of alleged offender who resides outside his territorial jurisdiction.”

Case Briefs High Courts

Adulterous spouse is not equivalent to incompetent parent; extramarital affair of either spouse cannot be the sole reason to determine child’s custody: Delhi HC

“The relationship between the father and the mother as husband and wife may not have been of trust, faith and cordiality, but their relationship inter se cannot be held to be the determining factor for working out the custody plan of the children.”

Case Briefs High Courts

Read why Madras HC exercised its extraordinary jurisdiction to quash a sexual abuse case

It is not necessary for a criminal trial to go on just to dabble with an incident involving sexual abuse without identifying an accused. If this is allowed, the victim will be embarrassed and vilified, and the so-called accused person will go scot-free, since he has not been identified by anyone in this case.

Case Briefs High Courts

High Court’s jurisdiction specifically excluded under Section 35G of Central Excise Act: Jharkhand HC

Jharkhand High Court said that one of the issues involved relates to determination of valuation of excisable goods and/or rate of duty of excisable goods, amongst other things, for the purpose of assessment.

Case Briefs High Courts

[Arvind Kejriwal Defamation Case] ‘Retweeting’ a defamatory imputation amounts to ‘publication’ for purpose of S 499 IPC: Delhi High Court

Though every ‘retweet’ of defamatory imputation would ordinarily amount to ‘publication’ under Section 499 IPC, it is ultimately for the aggrieved person to decide as to which retweet caused more harm to his reputation.

Case Briefs High Courts

[S. 106 Evidence Act] For shifting burden of proof on accused to explain death, prosecution must give clear and cogent evidence: Orissa HC

‘Section 106 of Evidence Act never relieves the prosecution from establishing prima facie guilt of the accused beyond all reasonable doubt, only when the same is established, the burden would shift to the accused.’

Case Briefs High Courts

Delhi High Court dismisses petition seeking investigation into financial irregularities by Indiabulls Housing Finance Limited

“The petitioner is an organisation alleging circular financial transactions, violations of statutes, and private wealth creation from public funds. Regulatory bodies, including the Ministry of Corporate Affairs, RBI, SEBI, and NHB, are implored to take swift action in response to the serious allegations.”

Case Briefs High Courts

‘Strike balance between Compliance and Natural Justice’; Calcutta High Court provides procedural guidelines for fraud allegations under RBI Master Directions

Calcutta High Court stated that show-cause notices are analogous to a First Information Report (FIR) and are not required to detail the probative value of the Forensic Audit Report at this stage.

Case Briefs High Courts

Constant taunts on husband’s financial capacity, disrupting family relations will cause disquiet in husband’s mind, thus amounts to mental cruelty: Delhi HC upholds divorce

“Pressurizing spouse to fulfil distant and whimsical dreams clearly not within his financial reach may create a sense of persistent dissatisfaction which would be sufficient mental strain to drain the contentment and tranquillity out of any married life.”

Case Briefs High Courts

Delhi High Court grants anti-arbitration injunction in an international commercial arbitration

“It needs no re-articulation that one of the cardinal principles of arbitration is, that since arbitration is a remedy that is founded on consent of parties, the agreed procedure for appointment of an arbitrator must be scrupulously followed. However, the same is not done in the present case.”

Case Briefs High Courts

Calcutta High Court grants compensation after lapse of proceedings and utilisation of land for Flyover Construction

Calcutta High Court noted that the previous judgments and record of rights post-vesting supports petitioners’ claim for compensation.

Case Briefs High Courts

Prosecution Witness entitled to benefit of Section 132 of Evidence Act and Section 307 CrPC; Calcutta High Court sets aside trial court’s order

Calcutta High Court emphasised the need for the trial court to adhere to legal procedures and directed to proceed with the trial from the date preceding the date of the order under revision.

Case Briefs High Courts

Delhi HC upholds arbitral award for transfer of Kashmir Harvard Educational Institute’s domain name ‘kashmirharvard.edu.in’ to Harvard College

“Petitioner shows a scant regard for the limited scope of intervention with an award in an international commercial arbitration, or for the process of the Court. Pleas have been advanced which are contrary to the record, and many attempts have been made to mislead the Court.”

Case Briefs High Courts

‘Aimed at ensuring that education is not commercialized’; Patna HC rejects petition challenging validity of provisions of Bihar Private Schools (Fee Regulation) Act, 2019

“The absence of guidelines cannot ipso facto result in invalidation of Bihar Private Schools (Fee Regulation) Act, 2019, especially one in the nature of regulation aimed at ensuring that education is not commercialized and reduced to mere means of profiteering.”

Case Briefs High Courts

[IIT Delhi students’ death] ‘Faculty/staff of IIT shall counsel students to give their best without succumbing to pressures/stress of performing better’: Delhi HC

“The Court deeply discourages the growing trend of pressurizing young minds to perform the best in every aspect of life, leading them to take unfortunate steps.”

Case Briefs High Courts

Delhi High Court dismiss paternity test plea due to no sperm count; Emphasis on child’s interests in parental disputes

Azoospermia means there is an absence of live spermatozoa in the semen. There could be various causes for such a condition, including obstruction of the tubules or ducts, i.e., the reproductive tract, or even due to infection, retrograde ejaculation or aspermatogenesis. Thus, azoospermia is categorized under two heads: obstructive and nonobstructive.

Case Briefs High Courts

‘Court cannot turn its back on distressed family’: Delhi HC quashes FIR against a man accused under POCSO after considering his happy married life with victim

“The petitioner’s prosecution and conviction will lead to pain and tears in the eyes of the family members and future of two families will be at stake, whereas, if the impugned FIR is quashed, it would serve the ends of justice.”