High Courts Archives

Employee Should Not Suffer for Employer’s Failure in EPF Compliance : Bombay HC quashes rejection of pension claims

Employees cannot be denied higher pension benefits due to employer or record-keeping lapses; authorities must assess claims based on all available evidence and adopt a practical, non-technical approach.

Case Briefs High Courts

“Crimes like cow slaughter throw even tempo of life out of gear”: Allahabad HC denies relief to man detained under NSA for cow slaughter

Allahabad High Court explains when an offence transcends law and order to affect public order, upholding preventive detention under NSA.

Case Briefs High Courts

Public Roads Not for Disproportionate Industrial Use: Jharkhand HC Directs Parking Compliance by Industries; Flags need for Trauma Care Facilities

“Such public roads are built and maintained through taxpayers’ funds. Therefore, there must be an equitable use of such roads, particularly by industries established for commercial gains.”

foreign custody order not enforced India

Case Briefs High Courts

Child’s Right to Stay with Mother a Civilizational Norm, Not Just a Modern Legal Construct: MP High Court refuses to Enforce Foreign Custody Order

“Doctrine of Comity of Courts is important but not absolute, and welfare of the child is the paramount consideration.”

Case Briefs High Courts

Unchallenged oral testimony of victim and her mother is sufficient to prove age; Kerala HC upholds POCSO conviction

The Court holds when the accused contends that the victim is not a child as defined in the POCSO Act, it is the prosecution’s duty to prove the victim’s age.

Case Briefs High Courts

Acceptance of Benefits and Long Silence Creates Acquiescence Against Challenge to Agreement to Sell: Delhi High Court

“A party cannot be permitted to ‘blow hot-blow cold’, ‘fast and loose’ or ‘approbate and reprobate’. Where one knowingly accepts the benefits of a contract, or conveyance, or of an order, he is estopped from denying the validity of, or the binding effect of such contract, or conveyance, or order upon himself.”

Consenting adults free to choose life partner

Case Briefs High Courts

Consenting Adults Have the Right to Choose Life Partners and Seek Protection even from Parents, Relatives or Friends: Delhi HC

The case highlights the continuing challenges faced by adult couples who choose to marry against family wishes.

convictions based on appreciating the testimony of single witness

Case Briefs High Courts

Patna HC: When Prosecutrix Is Not a ‘Sterling Witness’: Benefit of Doubt to Accused in Gang Rape Case”

“Testimony of a Single Witness falls into the category of being neither wholly reliable nor wholly unreliable, the Court must exercise caution, look for corroboration and should not convict on that testimony alone.”

freezing of educational institution's bank account

Case Briefs High Courts

Freezing Educational Institution’s bank account over receiving fees from a parent allegedly involved in cybercrime arbitrary & disproportionate: Karnataka HC

“The facts of the present case disclose a peculiar and rather disturbing situation, wherein an educational institution has been drawn into the ambit of a criminal investigation solely Banker’s lien on the ground that it received a fee payment through an online transaction from a parent who is allegedly involved in a cyber offence.”

Case Briefs High Courts

Social Media Posts Crossed the Line, Court Was Misled: Allahabad HC Judge Recuses from Hearing the Rahul Gandhi Citizenship Case

“Instead of admitting the mistake in placing the correct position before the Court, the petitioner blamed the Court for not uploading the order that was dictated in open court and has created an unpleasant situation leading this Court to recuse from hearing of the case.”

Case Briefs High Courts

“Deplorable state of affairs”: Allahabad HC orders release of man detained under NDPS Act without grounds & reasoned order

“Despite being public servants, their conduct reflects scant respect for law of land the dereliction of duty on their part, which can be considered to be misconduct in service on their part, since they have failed to perform their duties in accordance with law.”

Case Briefs High Courts

Andhra Pradesh HC directed compliance with guidelines barring priests who have travelled abroad from entering the sanctum and offering prayers

Guidelines issued by Sri Bharati Tirtha Mahaswami, the Jagadguru Shankaracharya of the Sringeri Sharada Peetham state that persons who have travelled aboard, or have undergone shaving or haircutting contrary to traditional norms and persons who do not adhere to the prescribed spiritual practices shall not enter the sanctum sanctorum and participate in the worship of the deity.

Case Briefs High Courts

Chhattisgarh HC set asides BSNL’s arbitral award for patent illegality in loss of profit claim; Directs refund of security deposit

“An arbitral tribunal, being a creature of contract, cannot grant relief in disregard of contractual stipulations.”

Case Briefs High Courts

No retrospective benefit of enhanced retirement age for CAPF retirees above 60 on 31 January 2019: Delhi High Court

It is a settled principle of service law that payment of salary and attendant monetary benefits is ordinarily premised upon actual discharge of duties.

Case Briefs High Courts

Father’s Forceful Custody of Minor Does Not Amount to Illegal Detention: Allahabad High Court

“The father, being a natural guardian, cannot be said to have taken the minors out of lawful guardianship so as to attract any criminality.”

Case Briefs High Courts

Rajasthan HC Stresses Need for Reliance on Non-controversial Sources by RPSC in AI Age, but Denies Relief Citing Potential Repercussions on All Candidates

“It is expected from the RPSC to ensure that the subject experts are persons having good academic record with excellent academic expertise. We strongly deprecate the practice of the experts relying upon newspaper articles like “Washington Post” or “Hindustan Times” in arriving at a conclusion of a question. We also deprecate the practice of the expert to answer and reject the objections in one line and that too without assigning a convincing reason.”

Case Briefs High Courts

Husband’s Girlfriend or concubine not a “relative” under S. 498-A RPC; J&K and Ladakh HC quashes FIR

“The husband’s girlfriend was neither related to him by blood, marriage or adoption, nor was she residing in the matrimonial home or subjected the wife to harassment or intimidation. The continuation of the criminal proceedings in the case would amount to abuse of the process of law and defeat the ends of justice.”

illegal telephone tapping and unauthorised search

Case Briefs High Courts

Rajasthan High Court Quashes FIR Based on Illegal Telephone Tapping and Search Conducted Before Registration of Case

“The arrest made before the registration of FIR, on the basis of illegal telephone tapping and unauthorized search and seizure, held to be illegal and unconstitutional.”

Case Briefs High Courts

Bombay High Court grants interim relief to NSE; restrains misuse of its trade mark on social media platforms

The Court stated that it is open for the intermediaries to communicate with the YouTubers to adjust their accounts to remove infringing content. A large following or long-standing channel is no defence unless prior use before the National Stock Exchange (NSE) can be proven.

Case Briefs High Courts

Bombay High Court Protects Kartik Aaryan’s Personality Rights and Trademark; Directs Removal of Infringing Content Upon Intimation

“Such unauthorized use does not only lead to unjust commercial enrichment but also infringes on the individual personality rights and in cases of a pornographic content tarnish the plaintiff’s reputation and goodwill.”