High Courts Archives | Page 128 of 591

Delhi High Court holds South Asian University to be out of the purview of ‘State’ and thus not amenable to writ jurisdiction

The interpretation of the term other authority has evolved over a period of time where the judicial dictum, at various instances has decided for inclusion or exclusion of various authorities under Article 12 of the Constitution of India.

Case Briefs High Courts

Calcutta High Court upholds legality of trial proceedings; dismisses Revision due to advance trial stage and absence of prejudice

Calcutta High Court invoked Section 465 of the CrPC, emphasizing that no finding, sentence, or order shall be reversed unless a failure of justice has been proven.

Case Briefs High Courts

‘Child suffers most casualty in custody battle, loses everything due to polarization of familial relations’; Delhi HC modifies father’s visitation rights

“Even if the mother is less capable financially, she becomes no less competent to ensure the welfare of the child, and the father will still be under an obligation to ensure the financial well-being of the child.”

Case Briefs High Courts

Granite stone is “stone” under Entry 109 as not processed in any manner, and taxable at 5%; Allahabad HC upholds Tribunal’s order

Allahabad High Court noted that Entry No. l09 specifically includes “stone” with the caveat that the same shall not include glazed stone, marble and marble chips.

Case Briefs High Courts

‘No tax recovery can be made when GST Tribunal not constituted’; Patna HC imposes cost of Rs 5000 on GST Assessing Officer for ‘coercive’ tax recovery

“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”

Case Briefs High Courts

‘No demonstrated legal infirmity or non-compliance with Section 30(2) of the IBC found’; NCLAT upholds Resolution Plan approval

The NCLAT held that the commercial wisdom of the CoC was considered paramount, and no interference was justified.

Case Briefs High Courts

Bona fide necessity to run business from a place will be decided by landlord; tenant cannot resist eviction dictating landlord alternative places: Rajasthan HC

“The petitioner/tenant is not able to demonstrate the extreme hardship caused to him upon vacating the premises in dispute. The litigation has consumed 10 years and thus, the hardship suffered by the respondent/landlord is more than the tenant.”

Case Briefs High Courts

Allahabad High Court explains scope of Sections 311 and 233 CrPC concerning production of defence witness during trial

“Under Section 311 CrPC, the power lies in the Courts only and under Section 233 CrPC, the right lies with the accused and the court’s interference is limited”

Case Briefs High Courts

[Delhi Cantt Rape Case] Delhi High Court nods closure on Rahul Gandhi’s Tweet Controversy disclosing identity of minor victim

Rahul Gandhi informed the Delhi High Court that he has taken down the tweet from 2021 that allegedly disclosed the identity and sensitive details about a minor girl.

Case Briefs High Courts

Calcutta High Court postpones decision on supplementary affidavit due to delay in production of seized electronic devices by CBI

The instant matter is related to selection of the candidates who have scored less marks than the petitioners in the Selection Test, 2016 for Assistant Teachers in secondary schools.

Case Briefs High Courts

Delhi High Court upholds registration of mark ‘Premier League’ in favour of Football Association Premier League Ltd.

“‘PREMIER’ as used in appellant’s mark is of a completely different font and style and has a small flower device on top of the word. Thus, concluded that there is no deceptive similarity on a bare perusal of the marks.”

Case Briefs High Courts

Exigence of writ of habeas corpus by husband to regain his wife would be rare and not available as a matter of course: Allahabad HC

Allahabad High Court allowed the husband to avail the appropriate legal remedies, under civil and criminal law

Case Briefs High Courts

Explained| Madras High Court verdict on constitutionality of Section 204 of the Insolvency and Bankruptcy Code

“Regulations and Byelaws framed under Section 204 IBC clearly provide checks and balances. Therefore, it cannot be said to be confirmation of excessive or unbridled power”

Case Briefs High Courts

‘Duty of woman to serve ailing mother-in-law’: Jharkhand High Court cites Indian culture; rejects maintenance to wife

The wife restricted the mother-in-law from touching the baby and even threatened fabricating false cases against the family members.

Case Briefs High Courts

Delhi High Court restrains Dedicated Freight Corridor Corpn. of India Ltd. from invoking or encashing Bank Guarantees against Sojtiz-L&T till next date of hearing

“The Engineer, in terms of the Agreement, does not have the power to review the decision of 08-05-2015 made by the earlier Engineer who has adjudicated upon the issue regarding change in the liability of petitioner on account of reduced BCD.”

Case Briefs High Courts

Non-filing of GST returns for some period does not mean taxpayer’s GST registration will be cancelled retrospectively: Delhi HC

“The registration cannot be cancelled with retrospective effect mechanically. It can be cancelled only if the proper officer deems it fit do so. Such satisfaction cannot be subjective but must be based on some objective criteria.”

Case Briefs High Courts

Calcutta High Court dismisses application for appointment of Arbitrator; rules “May” in Clause 13 renders dispute resolution ambiguous

The Calcutta High Court emphasised the need for a clear and unequivocal expression of intent to arbitrate.

revised action plan on stubble burning in Punjab

Case Briefs High Courts

‘Mechanical removal and Processing; Analysis of Hotspot Areas’; Read NGT’s suggestions to Punjab for revised action plan on stubble burning

“The action plan submitted by Punjab was expression of routine exercise of the State Departments, it lacked a definitive time schedule, proper linkages/ manifest system.”

Case Briefs High Courts

Complaint/FIR filed by second wife for offence u/s 498A of IPC against husband or in-laws will not be tenable: Chhattisgarh High Court

“It is vividly clear that when there are conflicting judgments of the Supreme Court of benches of equal strength, it is the earlier one which is to be followed by this Court.”

Case Briefs High Courts

Delhi High Court refuses to interfere with corruption proceedings against Jharkhand Mukti Morcha’s Shibu Soren

The accused is the President of the Jharkhand Mukti Morcha, a State Political party in the State of Jharkhand and a sitting Member of the Parliament in Rajya Sabha nominated from the State of Jharkhand.