High Courts Archives

Delhi HC Denies Bail to Athar Khan in Delhi Riots Conspiracy Case; Holds He Cannot Claim Parity with Co-Accused Granted Bail by SC

Holding that Athar Khan’s role was prima facie distinguishable from co-accused granted bail by the Supreme Court, the Delhi High Court dismissed his second bail appeal in the 2020 Delhi riots conspiracy case under the UAPA.

Case Briefs High Courts

Valid Certificate of Vending Not a Licence to Sell Tobacco Near Schools: Delhi HC Protects Street Vendor’s Livelihood but Directs MCD to Find Alternate Vending Spot

The Court directed the MCD to ensure that the petitioner does not, in any manner, obstruct the ingress to or egress from the school by its students, parents or faculty and sell any tobacco products which could be harmful to the children.

Case Briefs High Courts

Multiple Tax Years Cannot be Clubbed in One GST Show-Cause Notice: Calcutta HC Quashes ₹10.97 Crore GST Notice Against SBI Covering Six Financial Years

The Court held that under Section 74, CGST Act, each financial year is a separate unit for tax determination, and limitation periods apply independently. It found that the respondent-GST Authorities acted illegally by issuing a consolidated notice and ignoring documentary evidence provided by State Bank of India (SBI). Consequently, the impugned show-cause notice and order were declared void and without jurisdiction.

Case Briefs High Courts

Shariat Law Cannot Override Child Marriage Prohibition: Allahabad HC Dismisses FIR Quashment Bid by Family That Attacked Police While Stopping 16-Year-Old’s Marriage

The Court held that the Shariat Law providing for puberty as the competent age under the law, permissible for a girl to marry or be married, violates the Prohibition of Child Marriage Act and the POCSO Act.

Places of Worship Act and acquisition of religious properties

Case Briefs High Courts

Religious properties not beyond State’s eminent domain; Places of Worship Act bars only conversion: Allahabad HC

The Allahabad High Court clarified that the Places of Worship (Special Provisions) Act, 1991 does not curtail the State’s power to acquire religious properties for a public purpose, including road widening and infrastructure development.

Case Briefs High Courts

Moment of Anger, Years of Proceedings: Kerala HC Closes 7-Year-Old Criminal Contempt Case Against Congress MP Kumbakudi Sudhakaran After Apology

The proceedings arose out of a public speech delivered by Congress MP Kumbakudi Sudhakaran on 3 August 2019. During the speech, he made remarks concerning the Judges who had rendered the judgment.

Case Briefs High Courts

Delhi High Court Protects Ravi Kishan’s Personality Rights; Restrains AI-Generated Deepfakes and Unauthorised Online Exploitation

Delhi High Court held that Ravi Kishan’s name, image, likeness, voice, and other distinctive personality attributes constitute valuable personality rights deserving legal protection. Granting an ex parte ad interim injunction, the Court restrained the unauthorised use of his identity, including through AI-generated content and deepfakes, and directed the removal of objectionable online material.

Case Briefs High Courts

Gujarat HC dismisses PIL on Somnath Temple archaeological survey, imposes Rs 2 lakh costs

The Court held that a PIL seeking disclosure of the scientific archaeological survey of the Somnath Temple site was not maintainable where it was founded on unverified media reports, contained incorrect factual assertions, and failed to disclose the petitioner’s bona fides and credentials.

Attending witness evidence in execution of will

Case Briefs High Courts

Will Dispute: Calcutta High Court holds attending witness’s evidence sufficient to prove execution of will; Grants probate

The case underscores that when attesting witnesses are unavailable, a will can still be proved through other admissible evidence under Sections 69 and 71 of the Evidence Act, provided the execution and testamentary capacity of the testator are established.

Senior Citizens Act Not Applicable to Property Disputes

Case Briefs High Courts

Senior Citizens Act Cannot Be Invoked To Adjudicate Property Disputes Beyond Section 23: Allahabad High Court

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not create a special forum for deciding title disputes or declaring conveyance deeds void merely because the dispute involves a senior citizen. The Court reiterated that property disputes falling outside the limited scope of Section 23 must be adjudicated before the competent civil court.

Case Briefs High Courts

Maternal aunt’s emotional bond cannot override biological father’s right as natural guardian; Bombay HC grants custody to father

The Bombay High Court directed restoration of custody of a minor child to her father in habeas corpus proceedings, observing that emotional attachment with the maternal aunt could not override the father’s undisputed legal right without any evidence showing that custody with him would be detrimental to the child’s welfare.

Case Briefs High Courts

“Constitutional tolerance must override hypersensitivity”: Punjab & Haryana High Court quashed FIR against bank manager for dressing her dog as Lord Krishna

“The case in point is an exemplary instance of misconstruction of intent and a parochially narrow understanding of religious philosophy.”

Case Briefs High Courts

Calcutta High Court recalls earlier finding on jurisdiction after binding Supreme Court judgment escaped consideration

A suit for recovery of possession and mesne profits resulted in a decree dated 09-01-2024, which was declared a nullity by the Division Bench on the ground that it had been decided by a Judge lacking the requisite commercial roster under the Commercial Courts Act, 2015.

Case Briefs High Courts

Uttaranchal High Court grants protection to young couple; directs SHO to counsel family inimical towards marriage

It was contended that since the boy had not attained the age of 21 years at the time of marriage, the said marriage was not a valid one.

inquiry into IO's arrest request despite interim protection

Case Briefs High Courts

Delhi HC directs DCP to inquire into IO’s request to arrest accused despite interim protection in anticipatory bail case

Delhi High Court directed the Deputy Commissioner of Police to inquire into the circumstances in which the investigating officer sought permission to search and arrest an accused despite the subsistence of interim protection from arrest in an anticipatory bail matter.

Case Briefs High Courts

Gender cannot be a ground to deny promotion where Recruitment Rules make no distinction: Tripura HC

The Tripura High Court quashed the Inspector General of Prisons’ communication and directed reconsideration within three months.

Case Briefs High Courts

Retired employee cannot invoke consumer jurisdiction for gratuity claim; Consumer Commission lacks jurisdiction: Kerala HC

In a writ petition challenging an order of the District Consumer Disputes Redressal Commission directing payment of balance gratuity to a retired employee, the Court held that disputes relating to gratuity and other service benefits arise out of an employer-employee relationship and do not give rise to a consumer dispute under the Consumer Protection Act, 2019.

Case Briefs High Courts

Delhi HC: Earning husband entitled to ‘loss of dependency’ compensation for death of earning wife; dependency not confined to financial dependence

Delhi High Court ruled that an earning husband is entitled to claim compensation under the head of loss of dependency for the death of his earning wife, holding that dependency extends to the deceased spouse’s contribution to the household corpus and is not negated merely because the surviving spouse is also earning.

Case Briefs High Courts

Reputational Discomfort Can’t Outweigh Child’s Right to Know Their Biological Parentage, Dignity, And Future; Delhi HC Upholds Order Directing DNA Testing

The High Court held that the constitutional conscience of the Court favours the child’s right to identity over an alleged father’s concern for reputation. Social embarrassment of adults may yield where necessary; the rights of innocent children cannot be sacrificed merely to avoid discomfort.

condonation of delay bureaucratic inaction Jharkhand High Court

Case Briefs High Courts

Bureaucratic Inaction Cannot Excuse Limitation Delay: Jharkhand High Court dismisses condonation plea

The Jharkhand High Court reinforces the principle that government departments are not entitled to special indulgence in limitation matters. Courts must protect private litigants from perpetual litigation caused by bureaucratic delays. The ruling sends a strong message that administrative lethargy cannot override statutory limitation periods.