Sunaina, Author at SCC Times

Reassessment on rights shares time-barred; S. 56(2)(x) IT Act cannot tax price difference alone: Bombay HC

Bombay High Court held that Section 56(2)(x), IT Act could not be invoked merely because rights shares were allotted at a price lower than their alleged fair market value where no disproportionate benefit accrued to the shareholder.

Case Briefs High Courts

What rights does an OCI card holder have against deportation? Bombay HC seeks Union’s reply on Imran Khan’s Leave India Notice

Bombay High Court took Imran Khan’s undertaking and unconditional apology on record and gave the Union three weeks to file its reply.

Placement of penis on vagina is penetrative sexual assault

Case Briefs High Courts

Placement of penis on vagina constitutes penetrative sexual assault; Kerala HC distinguishes between “touching” and “placing” under POCSO Act

Answering whether placement of penis on vagina constitutes penetrative sexual assault, the Kerala High Court held that where a 3-year-old victim stated that the accused removed her undergarment, placed his penis on her vagina, and she immediately experienced pain and cried, the act could not be reduced to a mere touch under Section 7, POCSO Act.

Case Briefs High Courts

Mere promotion of religion or persuasion to convert does not amount to outraging religious feelings under Ss. 299 and 302 BNS: Bombay HC

The Bombay High Court quashed criminal proceedings arising out of allegations that the accused persons had induced and pressured a complainant and his wife to convert to Christianity.

Case Briefs High Courts

Trust rules of exempted PF establishments cannot override right to higher pension under EPS 1995: Bombay HC

Bombay High Court held that employees of exempted establishments are entitled to the same higher pension benefits under the EPS 1995 as employees of unexempted establishments. The provident fund trust rules cannot override statutory rights under Paras 11(3) and 11(4), and applications for higher pension cannot be denied merely because trust rules impose wage ceilings or do not provide for contributions on actual wages.

Administrative report not criminal complaint

Case Briefs High Courts

Administrative report cannot be treated as criminal complaint without following S. 156(3) J&K CrPC procedure: J&K and Ladakh HC

The Jammu & Kashmir and Ladakh High Court quashed an FIR registered against revenue and municipal officials pursuant to directions issued by a Judicial Magistrate, holding that the Magistrate had given a criminal colour to a purely administrative dispute relating to land in possession of a Court and had failed to follow the procedure governing exercise of powers under Section 156(3) J&K CrPC.

Aadhaar database access in criminal investigation

Case Briefs High Courts

Kerala HC permits use of Aadhaar database for fingerprint comparison in double murder investigation; Rejects privacy objection

Kerala High Court directed UIDAI to compare fingerprints recovered from a double-murder crime scene with Aadhaar database records holding that the investigating agency was not seeking disclosure of core biometric information but only identification of persons whose fingerprints matched the crime-scene prints. Such a request was permissible under Section 33, Aadhaar Act when authorised by a High Court and did not offend the right to privacy.

Case Briefs High Courts

Habeas corpus cannot compel an adult woman who voluntarily marries and resides with person of her choice to return to parental home: J&K and Ladakh HC

The Jammu & Kashmir and Ladakh High Court dismissed a habeas corpus petition filed by the father of a major woman seeking her recovery, holding that where an adult woman voluntarily leaves her parental home, marries a person of her choice and resides with him out of her own free will and volition, no case of illegal or unlawful detention is made out.

Case Briefs High Courts

Inside the Kerala HC missing rifleman case: CBI probe ordered after 14 years

Kerala High Court directed transfer of the investigation relating to the disappearance of a rifleman of the Tripura State Rifles to CBI, holding that the prolonged lapse of time could not be a ground to deny an investigation where the father had been relentlessly pursuing the matter for over 14 years and the circumstances warranted exercise of extraordinary jurisdiction.

Case Briefs High Courts

Display of National Flag with saffron down not an offence under National Honour Act without intention to insult: Kerala HC

Mere display of the Flag with the saffron band downward, without material indicating a deliberate intention or mens rea to show disrespect, does not constitute an offence; accidental or inadvertent acts are not punishable under the provision.

Case Briefs High Courts

Kerala HC directs State Bar Council to identify advocates who have not qualified AIBE since 2021 and continue review of defaults

The Court also directed the Bar Council to publish the list of advocates who have since qualified AIBE and keep the District Judiciary informed, given the ramifications if similar defaults recur.

director cannot institute complaint without board authorisation

Case Briefs High Courts

Director or Vice-President cannot institute complaint for company without Board authorisation; Bombay HC quashes proceedings against employee

In a copyright infringement case involving alleged unauthorised use of source codes, the Bombay High Court quashed proceedings against an employee, finding no material to show his active role beyond carrying out duties assigned by his employer. The Court also held that a company cannot maintain a criminal complaint through its Vice-President or an individual Director unless duly authorised by a Board resolution.

Case Briefs High Courts

Disclosures by co-accused cannot by itself justify continued custody; Parity and absence of specific role favour grant of bail: Himachal Pradesh HC

The Himachal Pradesh High Court granted bail, holding that a co-accused’s custodial disclosure is inadmissible against another accused, and that continued detention without a specific attributed role would amount to pre-trial punishment.

Case Briefs High Courts

Suicide note absolving accused weakens prima facie case for abetment of suicide; Himachal Pradesh HC grants bail to husband

The Himachal Pradesh High Court granted regular bail in an abetment of suicide case, holding that a contemporaneous suicide note absolving all persons of responsibility carried greater prima facie value than earlier allegations of harassment and failed to disclose any proximate act of instigation.

Case Briefs High Courts

Bombay HC suspends sentence in teacher-student POCSO case over material contradictions and lack of electronic evidence

Material contradictions, significant omissions, and the complete absence of the alleged photographs, videos, messages, and call records persuades the Bombay High Court to suspend the sentence in a POCSO conviction, holding that the prosecution case raised serious issues requiring appellate scrutiny and that the evidence disclosed chances of acquittal pending appeal.

Case Briefs High Courts

Applying mouth to a child’s private part constitutes penetrative sexual assault under S. 3(d), POCSO Act; Kerala HC upholds conviction

The Kerala High Court upheld the conviction of an accused under the Protection of Children from Sexual Offences Act, 2012, holding that intentional application of the mouth to the private part of a child squarely falls within the ambit of Section 3(d) of the Act and constitutes penetrative sexual assault.

Legal RoundUp Topic-wise Roundup

From Insolvency, Arbitration and Insider Trading to Key Regulatory Reforms: Commercial Laws Roundup August 2026

A comprehensive roundup of the key commercial law developments in August 2026, featuring landmark judgments from the Supreme Court, High Courts, NCLAT and Foreign Courts, along with Regulatory Updates, Law Firm News, Expert Corner and Interviews.

Case Briefs High Courts

Transportation of bovine animals without permission does not by itself justify preventive detention: J&K and Ladakh HC

Public order cannot be invoked merely because bovine animals were allegedly transported without permission; where the detenue is not informed of his right to represent before the detaining authority, preventive detention becomes constitutionally unsustainable.

Case Briefs High Courts

Speculative challenge to Priyadarshini Bus Scheme dismissed; Kerala HC finds no material linking bus accidents to overcrowding

Describing the petition as a “speculative litigation”, the Kerala High Court dismissed a PIL challenging the Priyadarshini Bus Scheme, holding that there was no corroborative material to support the allegation that bus accidents occurred due to overcrowding. The Court, however, emphasised that passenger safety must be adequately safeguarded.

Case Briefs High Courts

Individual causes of action, separate court fees; Common cause, single court fees: Bombay HC draws the line

Can litigants save court fees by simply joining hands in a single writ petition? The Bombay High Court answered with a qualified no, holding that court fees on joint writ petitions are payable per petitioner when each petitioner seeks an individual benefit.