High Courts Archives

Casteist Facebook post against MP Chandrashekhar Azad

Facebook Post Containing Alleged Casteist Remarks Against MP Chandrashekhar Azad Discloses Prima Facie Case; Allahabad HC Upholds Rejection of Discharge

The Allahabad High Court held that the absence of specific casteist words in the FIR did not justify discharge where the Facebook post recovered during investigation and witness statements disclosed a prima facie case against the accused.

Case Briefs High Courts

Disputed Facts, Documentary Discrepancies: Jharkhand HC Orders Mandatory Judicial Inquiry Into Alleged Custodial Death

The Jharkhand High Court held that where facts are disputed and official records contain discrepancies in an alleged custodial death, a judicial inquiry is mandatory to independently determine the truth and ensure accountability.

Section 9(1)(a) trademark distinctiveness

Case Briefs High Courts

Distinctiveness, Not Uniqueness, Governs Registrability Under Section 9(1)(a); Delhi HC Directs Registrar to Reconsider “OFFER” Mark Registration Application

The Court held that for the purpose of Section 9(1)(a), Trade Marks Act, 1999, the statutory inquiry is whether the applied mark possesses distinctive character and is capable of distinguishing the applicant’s goods from those of others. The Act does not prescribe uniqueness as a condition for registration.

FIR over movement on public road during COVID-19 lockdown

Case Briefs High Courts

‘Knowledge’ is the hinge on which the offence turns: Delhi HC quashes FIR against man booked over movement on a public road during COVID-19 lockdown

The allegations in the FIR, even if accepted in their entirety, do not disclose the commission of any offence, nor does the material collected during the investigation cure that deficiency. The continuation of such a prosecution, more than six years after the incident, would amount to an abuse of the process of the Court, warranting the exercise of the inherent jurisdiction under Section 482 CrPC.

Case Briefs High Courts

182 days alone isn’t enough: Karnataka HC holds purpose of stay is equally decisive under FEMA’s “person resident in India” test

The Court held that the respondents-firm were “persons resident in India” and several FEMA Regulations relied upon by the Directorate of Enforcement became inapplicable. Since these Regulations govern transactions involving persons resident outside India, they could not be invoked against respondents who were legally resident in India under FEMA.

Snake-bite victim criminal negligence case

Case Briefs High Courts

Failure to prove treatment could have saved snake-bite victim defeats criminal negligence charge; Himachal Pradesh HC upholds acquittal in Snake-Bite Death Case

Himachal Pradesh High Court upheld the acquittal in a snake-bite death case, ruling that criminal negligence cannot be inferred merely from a delay in taking the victim to a hospital. In the absence of medical evidence showing that timely treatment could have prevented the death, the prosecution failed to establish causation under Section 304-A IPC.

Case Briefs High Courts

Repeating Class Does Not Violate Right to Education: Delhi High Court upholds detention of EWS student in Class V

Delhi High Court held that an EWS student may be required to repeat Class V under Section 16 of the RTE Act where repeated academic support fails to ensure foundational learning, while directing the school to continue all EWS entitlements.

Case Briefs High Courts

Auction purchaser cannot claim cooperative housing society membership without clearing previous owner’s pending dues: Bombay High Court

The Court observed that modern cooperative housing societies have evolved into self-contained entities providing numerous services and amenities, making timely payment of maintenance charges essential for meeting operational expenses and statutory obligations.

Case Briefs High Courts

Compensation not payable for electrocution while operating “Tullu Pump” within residential premises under Compensation Circular: Chhattisgarh HC

Chhattisgarh High Court dismissed a writ petition seeking compensation for death due to electrocution while operating a domestic tullu pump, holding that the incident was not covered under the compensation scheme prescribed for specified electrical accidents.

police drunkenness departmental proceedings

Case Briefs High Courts

Madras HC: Blood and Urine Tests Not Mandatory in Departmental Proceedings to Prove Police Officer’s Drunkenness; Medical Certificate and Magistrate’s Observations Sufficient

The Court held that the absence of blood and urine tests does not invalidate disciplinary proceedings and that the Drunkenness Certificate issued by the Medical Officer along with the Judicial Magistrate’s observations was sufficient to establish misconduct inside the Court hall.

Case Briefs High Courts

“No useful purpose” in continuing trial after settlement: Punjab & Haryana High Court quashes FIR in cheating case

In the case at hand, pursuant to the Court’s referral to the Mediation and Conciliation Centre, the parties arrived at an amicable settlement.

Case Briefs High Courts

Letter from separate confidential arbitration cannot be relied upon merely because relevant: Delhi HC upholds exclusion, dismisses S. 34 challenge

Delhi High Court dismissed a Section 34 challenge after holding that an Arbitral Tribunal rightly refused to rely on a letter exchanged between the respondent and DFCCIL in separate arbitral proceedings. The Court ruled that permitting reliance on such material would undermine the statutory confidentiality regime under Section 42-A, Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Freedom of the Press Must Be Protected, But ‘Cannot become a shield for irresponsible journalism, intimidation’; Delhi High Court Calls for Media Regulation

The Court grants bail to the accused amid prolonged incarceration, defective investigation and uncertain identification of the accused.

Case Briefs High Courts

Wife who obtained custody asserting financial capacity cannot burden husband alone with minor’s maintenance: Allahabad HC

The Court noted that the wife had herself obtained custody of the minor daughter on the specific assertion that she was financially capable of maintaining and taking proper care of her.

Case Briefs High Courts

Doctors agree he needs constant monitoring; at the hospital he chooses: Inside Delhi HC order directing Sonam Wangchuk’s transfer to Medanta Hospital

The Court by order dated 20 July 2026, had directed the production of all relevant pathological reports and medical records under concerning Sonam Wangchuk, before proceeding in plea seeking his transfer to Medanta Hospital,

Case Briefs High Courts

KG Admission Cannot be Declared Void After a Decade Due to Parents’ Incorrect Declaration: Delhi HC Allows DOB Correction in CBSE Records Based on Public Documents

The Court observed that a wrong committed by the parents of the petitioner cannot be attributed to the petitioner, who was aged just about four years at the time of his admission and is still a minor.

Case Briefs High Courts

Delhi HC Directs Production of Comprehensive Medical Record Before Proceeding in Plea Seeking Sonam Wangchuk’s Transfer to Medanta Hospital

The appellant approached the Court seeking a direction permitting her husband, Sonam Wangchuk, to be shifted from Safdarjung Hospital, New Delhi, to Medanta Hospital, Gurugram, or any other medical facility of his choice.

liability foisted for alleged wrong legal opinion

Case Briefs High Courts

Practicing Advocate Facing Criminal Charges for Alleged Wrong Legal Advice Gets Ad-Interim Protection from Bombay HC

Bombay High Court grants adinterim relief to practicing Advocate who contends that criminal liability has been foisted upon him for legal opinion rendered in professional capacity.

fundamental right of the children to play

Case Briefs High Courts

Common Areas Must Be Obstruction-Free, and Children Have a Fundamental Right to Play: Karnataka HC Sets Aside Trial Court, Orders Association to Act Within 3 Months

Observing that playing games is a fundamental right of the children and prohibiting the children from playing, takes away their overall health, the Court has directed that the defendant-association to reconsider its decision, specify the games to be played in the play area after taking confidence of the members of the association within a period of 3 months.

Case Briefs High Courts

Vehicle seized in NDPS case cannot be denied interim release merely because it may be confiscated later: J&K and Ladakh HC

The High Court holds that confiscation is a matter to be considered at the conclusion of trial and that, pending such determination, the court is empowered to grant interim custody of the seized vehicle under Section 497 BNSS.