High Courts Archives | Page 23 of 591

No discrimination between mental and physical illness: Jharkhand High Court directs reimbursement for psychiatric treatment

Section 21(4) of Mental Healthcare Act provides that every insurer shall make provision for medical insurance for treatment of mental illness on the same basis as is provided for physical illness.

Case Briefs High Courts

Bombay HC quashes case against Nestle India Ltd. for allegedly selling ‘sub-standard’ Maggie noodles

If the food/sample is tested in a laboratory which does not fall within the definition of Section 3(p) of the Food Safety and Standards Act, 2006 and is not recognized by the Food Authority, the analysis made in such laboratory cannot be relied upon.

Case Briefs High Courts

‘Forcing to file written statement during mediation will hamper entire mediation process’: Delhi HC excludes time spent in mediation for calculating limitation to file written statement

Forcing the parties to file a written statement or to complete the pleadings during the process of mediation will prevent the parties in freely communicating with each other, which they have not been able to do since the dispute started.

Case Briefs High Courts

‘No locus of examiner to assail University result’; Gujarat HC rejects examiner’s plea alleging result manipulation by Pandit Deendayala Energy University

“The appellant being an evaluator/examiner, was required to keep his hands off once the evaluation sheet was submitted by him and was not required to indulge in any kind of head-on-collision with the University.”

Case Briefs High Courts

MP High Court grants bail to rape accused with condition to handover documents, electronic gadgets, social media access for investigation

The Court directed accused to handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for the investigation.

Case Briefs High Courts

Impersonation for Padma Shri Award | Orissa HC directs Doctor & Journalist with same name to produce relevant materials to substantiate claims for recognition

The petitioner alleged that the respondent and him have the same name- Antaryami Mishra, and following the same, the respondent impersonated the petitioner and fraudulently secured the Padma Shri Award in 2023.

Case Briefs High Courts

Proximity at workplace results in consensual relationships which on turning sour get reported as crimes; Delhi High Court grants bail

A perusal of Charge-sheet shows that the Applicant and the Complainant were in a relationship for more than one year. However, as per the Complainant eventually the attitude of Petitioner/Complainant changed, and he started ill-treating and blackmailing her.

Case Briefs High Courts

“Litigant and his lawyer have a basic obligation not to deceive/mislead the Court”; Rajasthan High Court imposes ₹ 50,000/- cost on counsel

“The distorted facts as stated before this Court not only prove to be an attempt to mislead the Court but also an attempt to waste precious time of the Court.”

Case Briefs High Courts

Chhattisgarh HC acquits husband accused of having unnatural sex with wife under S. 377 IPC leading to her death

“If the age of wife is not below the age of 15 years then any sexual intercourse or sexual act by the husband with her wife cannot be termed as rape under the circumstances, as such absence of consent of wife for unnatural act loses its importance, therefore, the offence under Section 376 and 377 of the IPC against the accused was not made out.”

Case Briefs High Courts

Non-Filing of Arbitral Award renders Section 34 petition ‘non-est’; Limitation continues: Delhi High Court

Mere procedural errors or defects, thus, would not render the filing of an application under Section 34 of the Arbitration and Conciliation Act to be treated as a non-est filing. Standalone defects cannot make an application filed under Section 34 of the A&C Act to be declared as non-est but only cumulatively.

Case Briefs High Courts

Installing CCTV in residential space without co-trustee/occupant consent violates right to privacy: Calcutta High Court

The dignity, autonomy and identity of an individual shall be respected and cannot be violated in any condition. The right to privacy is also recognized as a fundamental right in the International Covenant on Civil and Political Rights. This right is fundamental to protect the inner sphere of the individual.

Case Briefs High Courts

‘Cost should be reasonable, not unbearable to litigant’; Gujarat HC reduces cost imposed on litigant denied right to file appeal due to non-payment of cost

“It is true that no case might have been made out for review, and thereby, the time of the Civil Court must have been consumed to decide such an application, but at the same time, the right available to the party cannot be taken away by the Court, as all concerned, including the Court, are governed by the law.”

Case Briefs High Courts

Gauhati High Court directs Assam to survey & protect Ahom Dynasty historical monuments

Illegal coal mining was being done by coal smugglers destroying the historical Tipam Hills, hence, the Court directed for Continuous monitoring of Tipam Hills for illegal coal mining.

Case Briefs High Courts

Calcutta High Court issues practice directions for delays in dispatching Trial Court Records to High Court

On a number of occasions, the Court has noted delays in the transmission of Trial Court records to this Court. As a result, preparation of paper books is delayed. This contributes to delay in disposal of appeals.

Case Briefs High Courts

Delhi High Court grants custody parole to jailed MP Abdul Rashid to attend parliamentary session

The question in the present matter is whether the petitioner/applicant is to be granted custody parole to enable him to attend the Parliament session.

Case Briefs High Courts

Punjab and Haryana HC orders flat allotment to slum dweller who was arbitrarily disqualified from Chandigarh Small Flats Scheme

The petitioner’s exclusion from the definition of ‘recognised resident’ appeared to be done through an ill-informed order with reasons not based on any cogent evidence.

Case Briefs High Courts

P&H HC directs appointment of Civil Judge candidate who failed after being deprived of 2.5 marks despite writing correct answer

The petitioner answered the question correctly but was not awarded marks, even though other candidates were awarded marks for the same answer.

Case Briefs High Courts

Delhi High Court analyses the precise definition of the word “forthwith” in Section 50 CrPC; Sets aside arrest due to non-compliance

Sufficient time must be given to an arrestee after the grounds of arrest have been served upon him in writing, to enable the arrestee to engage and confer with legal counsel, the test being that the arrestee must have meaningful opportunity to resist his remand to police custody or judicial custody.

Case Briefs High Courts

Delhi High Court declares PETER ENGLAND as well-known trade mark

Considering the widespread promotional and advertisement activities undertaken by the plaintiff, it is apparent that the trade mark ‘PETER ENGLAND’ has become the single source identifier of the plaintiff and its goods and services.

Case Briefs High Courts

Magistrate must hear Police Officer and pass reasoned order before ordering investigation under S. 175(3) of BNSS : Orissa HC reiterates

“If the allegations made in the complaint are simple, where the Court can straight away proceed to conduct the trial, the Magistrate is expected to record evidence and proceed further in the matter, instead of passing the buck to the police under Section 156(3) of the CrPC.”