brief cohabitation cannot confer status of valid marriage
Case BriefsHigh Courts

“Although the defendants claimed that the marriage was solemnised in accordance with the local custom known as Riwaj-e-Aam, no instances of such custom were cited, nor did their witness depose that any such custom was prevalent in the area. Similarly, cohabitation for a short duration of 7—8 months cannot justify a presumption of a valid marriage.”

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Father gets custody of child placed in orphanage
Case BriefsHigh Courts

“The child stated that he was not being properly looked after while staying with his grandmother, and that he was not provided adequate food, particularly in the mornings and that his only substantial meal was the lunch provided at school. However, the father, his sister, and the child’s grandfather extended assurance for the child’s future welfare.”

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anticipatory bail SC ST act
Case BriefsHigh Courts

“Courts in exercise of criminal jurisdiction to consider a bail plea cannot embark upon a ‘mini trial’ to resolve factual disputes, and therefore, whether the word ‘chinal’ was caste-based, gender-specific, or a religious symbol could only be decided during a full-dressed trial and cannot be considered in a bail plea.”

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Property Owner Guilty of Trespass
Case BriefsHigh Courts

“Offences such as criminal trespass and house trespass are offences against possession and not against ownership. Therefore, even a true owner cannot, under the guise of ownership, unlawfully enter premises in the lawful possession of another with the intent to commit an offence.”

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forcibly deported to Pakistan
Case BriefsHigh Courts

“After the mother’s death due to a fatal illness, the minor continued to reside in India with his father and repeated applications were submitted to the authorities seeking extension of the child’s stay and grant of Indian citizenship on compassionate grounds. However, neither was the minor declared an Indian citizen nor was his visa extended.”

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chance witness' testimony
Case BriefsHigh Courts

“The informant and his brother were allegedly abused and assaulted by the accused persons, but the allegations were denied, and documents were tendered in evidence claiming that the witnesses were the informant’s relatives, and they made false statements against them because of a land dispute. Himachal Pradesh High Court declined to interfere with the trial court’s order of acquittal finding no perversity therein.”

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Shoe-Shine Licence Policy 2018
Case BriefsHigh Courts

“The bottom line of the Shoe-Shine Licence Policy, 2018 is to generate employment opportunities for persons belonging to the lower strata of society, which may include members of the Scheduled Castes and Scheduled Tribes, not merely on the basis of their caste, but because they belonged to lower strata of society.”

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complaint copy on delinquent
Case BriefsHigh Courts

“Serving a copy of the complaint and other relevant documents is mandatory under Rule 7, POSH Rules, and the failure to do so constitutes violation of the principles of natural justice.”

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web series Anali
Case BriefsHigh Courts

“The petitioner objected to the web series ‘Anali’ scheduled for release on JioHotstar, believing that the content was substantially inspired from incidents connected to Koodathayi murders for which she was lodged in prison. The series would malign her, create prejudice in public opinion, and adversely affect prospects related to her conviction.”

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bail without S. 15-A(3) SCST Act notice
Case BriefsHigh Courts

“Even to decide whether offences under the SC/ST Act are attracted, the courts cannot proceed unilaterally without issuing notice under Section 15-A(3). The Special Judge thoughtlessly granted bail in a case of mob lynching without ensuring a mandatory hearing to the victim’s dependent, which amounted to a serious lapse.”

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Supplementary agreements can extend public tenders
Case BriefsHigh Courts

“The petitioner approached the Court only after the declaration of the financial results and the contract was already executed and it was opined that any interference at this juncture would not only unsettle a concluded contract but also cause administrative chaos and financial loss to the public exchequer.”

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extract brain-dead husband gametes
Case BriefsHigh Courts

“Kerala High Court allows a woman to urgently extract and cryopreserve the gametes of her brain-dead husband, despite the absence of written informed consent under the Assisted Reproductive Technology (Regulation) Act, 2021, directing that no further ART procedures occur without its approval.”

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vaishno devi shrine board not State
Case BriefsHigh Courts

“The guiding factor is the nature of duty imposed upon the person or body against whom a writ is being sought. If the nature of duty imposed on a body is public in nature, it is amenable to writ jurisdiction under Article 226 of the Constitution but if the rights sought to be enforced are purely of a private character, a writ cannot be issued against such body.”

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right to be considered for promotion
Case BriefsHigh Courts

The case centred on a dispute between a worker’s request for transfer on marriage and a helper’s claim to priority consideration for the Anganwadi Worker post.

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failure to examine scientific experts
Case BriefsHigh Courts

The High Court examined whether reliance on CA reports, without summoning the scientific experts, affected the fairness of the trial in a case involving allegations of aggravated sexual assault and homicide

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life sentence for father
Case BriefsHigh Courts

A ‘Police Didi’ Program enabled the victim to approach authorities, supported by her Principal and counsellor.

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PITNDPS detention order
Case BriefsHigh Courts

“The Superintendent of Police’s proposal and source report showed that the petitioner was still involved in the activities of drug trafficking and there was a live link, however, the record was to the contrary because no FIR was lodged after March 2024 till the passing of detention order.”

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transfer of matrimonial case at final stage
Case BriefsHigh Courts

“The wife stated that it would be serious prejudice to her in participating in the trial at the Kollam court centre, which was her workplace, and that the distance from her residence to Punalur, the court to which transfer was ordered, was 50 kilometres, whereas the distance from the husband’s residence to Punalur was only 40 kilometres.”

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correspondence can form valid arbitration agreement
Case BriefsHigh Courts

“It was open to the petitioner to participate in the proceedings and to prefer an application under Section 16, A&C Act to challenge the existence of the agreement, but it chose to stay away, and such conduct indicated a strategy of taking a chance by relying on purported errors to undermine an adverse award.”

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