High Courts Archives

Gauhati High Court Reduces NDPS Conviction from Commercial to Intermediate Quantity Due to Lack of Proof of Joint Possession

The Court altered the conviction from Section 20(b)(ii)(C) to Section 20(b)(ii)(B), NDPS Act, after the prosecution failed to prove joint possession of the total quantity of ganja recovered under 2 seizure lists and, treating the seizures separately and below commercial quantity.

imprisonment in default of fine Section 138 NI

Case Briefs High Courts

Imprisonment in Default of Fine is Coercive, Not Punitive: Karnataka High Court Orders Release of Convict in Section 138 NI Act Case

In the present case, the petitioner was convicted in three separate cheque dishonour cases under Section 138 of the Negotiable Instruments Act arising from a single loan transaction and was sentenced to pay substantial fines, with three months’ simple imprisonment in default in each case.

enhancement of maintenance child marriage MP High Court

Case Briefs High Courts

“Parents Who Solemnise Child Marriages Cannot Escape Liability”: MP High Court Tells Husband to Seek Recourse from Them, Enhances Wife’s Maintenance Threefold

Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to

Applicability of Section 122(1A) CGST Act

Case Briefs High Courts

Gauhati HC disagrees with Bombay HC on Section 122(1-A), CGST Act; Holds partners liable to penalty for GST-Evasive transactions, including pre-2021 period

The legislative intent behind Section 122(1-A) of the Act of 2017 is solely to identify the person at whose instance the violations took place and if the person had retained the benefits, the person would be liable to a penalty as mentioned therein.

Case Briefs High Courts

Bombay HC Restrains Auction of Arrested Vessel Noting Strong Prima Facie Case

“Addressing the apprehension of auction sale of an arrested vessel, the Bombay High Court held that in view of the earlier auction process having failed due to technical reasons and the petitioner having made out a strong prima facie case, no auction of the vessel would be permissible at this stage.”

witness statements before summoning of accused

Case Briefs High Courts

Can Witness Statements Recorded Before Summoning Be Used Against an Accused? Allahabad HC Answers

In the present case, the Allahabad High Court examined a challenge to a murder conviction, focusing on how much weight should be given to witness statements recorded at different stages of the trial, including those made before the accused was summoned.

Case Briefs High Courts

MP Cough Syrup Deaths Case| MP HC Denies Bail to Paediatric Doctor Who Prescribed Banned Fixed Dose Compound to Children Below 4 Despite Government Circular

The Court noted that the accused prescribed the fixed dose compound to the children below the age of 4 years, which was banned by the Government Circular, due to which many innocent children died.

Case Briefs High Courts

Custody Dispute Concerning Minor Child amid Complex Factual Disputes Require Adjudication by “Competent Family Court”, Not Summary Writ Proceeding: Delhi HC

The Court held that welfare of the child remains the paramount consideration, but such welfare must be assessed after considering all relevant facts and circumstances rather than through a summary determination based on affidavits.

Case Briefs High Courts

Balaramapuram Child Murder: Kerala HC Grants Bail to Mother Accused Finding No Direct Evidence Linking Her with Crime

Addressing the grave allegations in the Balaramapuram child murder case, the Kerala High Court held that despite the brutal nature of the offence, the absence of direct evidence linking the mother to the act and her delayed implication warranted her release on bail.

Case Briefs High Courts

Delhi HC Holds “GLASS SKIN” Descriptive; Directs Removal of Trade Mark Registration in Class 3

The Delhi High Court while allowing a rectification petition filed by Renee Cosmetics (P) Ltd held that the mark “GLASS SKIN” is descriptive of skincare products and directed cancellation of its trade mark registration, finding it hit by Section 9(1)(b), Trade Marks Act, 1999.

Case Briefs High Courts

Here’s why Karnataka High Court declined interference in plea to amend final decree

The High Court held that once a final decree has been passed, the said decree can neither be amended nor revised, and the only remedy available to a party is to challenge the decree under the appropriate provisions of law.

Hindi Instructor Hindi Officer MACP ACP promotion feeder cadre Meghalaya HC

Case Briefs High Courts

Appointment to Newly Created Post Upon Abolition of Earlier Post Not a Promotion for ACP/MACP Upgradation in Absence of Feeder Cadre Relationship : Meghalaya HC

The Court held that there was nothing on record to suggest that the post of Hindi Instructor is a feeder cadre for the post of Hindi Officer. Therefore, it cannot be said that the respondent was given promotion as Hindi Officer on 1 June 1998. The Court held that the respondent is entitled to 1st, 2nd, 3rd financial upgradation on accomplishment of 30 years of regular service.

Case Briefs High Courts

Bombay High Court Grants Interim Relief to Anil Ambani in Black Money Case; CIT(A) Appeal to Continue but No Prosecution or Penalty Till Writ Petition Disposal

Observing that certain provisions of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 were challenged for being ultra vires, the Court granted interim relief by restricting the Commissioner of Income Tax (Appeals) from passing any coercive order against Anil Ambani.

Case Briefs High Courts

Delhi HC Directs Immediate Takedown of “Scandalous” Social Media Posts Against Sitting Judge; Restrains Further Dissemination in Criminal Contempt Case

The Delhi High Court, in a criminal contempt petition under Article 215, held that freedom of speech does not protect scandalous and unsubstantiated allegations of corruption and criminality against a sitting Judge, as such publications undermine the administration of justice.

Case Briefs High Courts

Delhi HC Restrains Use Of ‘Prestige Ocean Pearl’, Finds ‘Ocean Pearl’ to be Dominant Feature of Impugned Mark; Parties Referred to Mediation

Delhi High Court held that ‘Ocean Pearl’ remained the dominant feature of the impugned mark ‘Prestige Ocean Pearl’ and granted an ex parte injunction restraining its use in connection with a luxury real estate project. The parties have also been referred to mediation.

Date of Birth Correction in CBSE records

Case Briefs High Courts

Delay of 8 Years Defeats Plea for Correction of DOB in CBSE Records; Article 226 Cannot Be Invoked to Bypass CBSE Bye-Laws: Delhi High Court

The Court held that date of birth dispute must first be resolved under Registration of Births and Deaths Act, 1969 before seeking correction in CBSE records.

Case Briefs High Courts

Ankita Bhandari case: ‘To Malign a Person’s Image to Implicate Them in a Concluded Murder Case Is a Serious Issue’: Uttaranchal HC Quashes Two FIRs Against Former MLA; Orders Probe

Four FIRs were filed against former MLA Suresh Rathore arising from social media posts projecting complainants as involved in the Ankita Bhandari murder, a case that had already concluded with three convictions and life sentences. Two were lodged by persons who were neither the victim nor the affected party, covering the same allegations as the victim’s own FIR.

Biological father name in birth certificate IVF child

Case Briefs High Courts

Procedural Limitations Cannot Defeat a Child’s Right to Identity: Kerala HC Orders Inclusion of Biological Father’s Name in IVF Child’s Birth Certificate

Observing that a birth certificate is a person’s first public identity document and that leaving the father’s name blank could inflict lasting psychological and social harm upon the child, the Kerala High Court directed the inclusion of the biological father’s name in the birth certificate.

Possession before execution of conveyance

Case Briefs High Courts

Prior Possession Cannot Be Taxed Under Article 5(e)(i) Karnataka Stamp Act; Statute Has No Residual Clause for Pre-Existing Possession: Karnataka HC

The Court set aside the impugned judgment imposing the penalty under Article 5(e)(i) of the Schedule to the Karnataka Stamp Act, 1957. The statute does not have a residual clause for Article 5(e) nor provides for a scenario where the property was previously handed over to the purchasee prior to the agreement to sell was to be entered into.

second application under order 7 rule 11 CPC rejection of plaint

Case Briefs High Courts

Second Application Under Order 7 Rule 11 CPC Maintainable If Filed on Ground Different from First; Can Be Filed Even at Appellate Stage: Rajasthan HC

The High Court held that after the rejection of one application under Order 7 Rule 11 CPC, a subsequent or other application, for rejection of the plaint, can be filed if it is based on a ground different from the ground taken in the earlier application, even at the appellate stage and shall be decided on merits.