High Courts Archives

Delhi High Court ART Act Frozen Embryo Transfer

Age limit under ART Act Applies to Initiation of Treatment, Not Continuation Through Cryopreserved Embryos: Delhi HC Permits 50-Year-Old Woman to Undergo Frozen Embryo Transfer

The distinction between initiation of a fresh ART cycle after crossing the statutory age threshold and continuation of an already commenced treatment involving existing cryopreserved embryos cannot be lost sight of.

Case Briefs High Courts

Delhi HC Protects Naga Chaitanya’s Personality Rights; Restrains Use of Name and Likeness in Deepfakes, Pornographic Content and Unauthorised Merchandise

Delhi High Court granted interim protection to actor Naga Chaitanya against the unauthorised use of his name, image, voice and likeness in deepfakes, AI-generated content, pornographic material and unauthorised merchandise.

Case Briefs High Courts

Can Preventive Detention be Invoked Immediately After Bail is Granted? Punjab & Haryana High Court Explains Why it Cannot be Used to Bypass Judicial Decisions

The High Court held that where ordinary criminal law provides adequate remedies, the State cannot bypass judicial scrutiny and directly invoke preventive detention merely because the accused has secured bail or because prosecution under ordinary law may involve procedural rigours.

Case Briefs High Courts

‘Child Cannot Be Treated as a Pawn’: Kerala HC directs Family Courts to Follow Calcutta HC’s Child Custody and Access Guidelines; Restores minor’s custody to mother

Kerala High Court, exercising habeas corpus jurisdiction, intervened in a custody dispute involving unlawful removal of a minor child in violation of a Family Court decree, and ultimately directed restoration of custody to the mother, emphasising that such decrees cannot be circumvented except through due process of law.

Case Briefs High Courts

“Establishment” Under Census Act Not to Be Narrowly Construed; Private Sector Employees Including LIC Staff Can Be Requisitioned as Enumerators: Allahabad HC

“Once appointed for census work, such persons are deemed to be public servants and are under a statutory obligation to discharge the assigned duties.”

Case Briefs High Courts

Loss of Amenities Cannot be Ignored: Karnataka HC Enhances Motor Accident Compensation

Karnataka high court enhanced the compensation by ₹89,140. The Court must consider the loss of amenities, future earnings in motor accident claims especially when the accident left the petitioner disabled.

inspection unrelied documents Malkhana Section 207 CrPC

Case Briefs High Courts

Delhi Riots | Delhi HC permits Inspection of Unrelied Documents in Malkhana to Ensure Fair Trial

The Court, however, noted that considering the seminal importance and significance of the issues raised in it, it required a little more research and appreciation of law to decide these issues, which are relevant not only for these proceedings, but also in any other criminal proceedings.

GST liability concessionaire principal contractor sub-contractor

Case Briefs High Courts

Rajasthan HC Upholds GST Demand Against Concessionaire; Holds Sub-Contracting Does Not Extinguish Tax Liability

“Where construction of roads was undertaken and the toll was being collected as a reciprocal arrangement under the agreement, there was no tax exemption because the collection of toll was essentially the consideration being received and amounted to annuity and in case of any ambiguity, the same was to be interpreted in favor of the revenue/state and not in favor of the assessee.”

Case Briefs High Courts

Revisiting Motor Accident Compensation: Read Karnataka High Court’s assessment in fatal accident cases

In the present case, a motor vehicle accident involving 2 motorcycles resulted in grievous injuries to 1 appellant and the death of the other, a 30-year-old supervisor employed in a private company.

GST provisional attachment bank accounts writ petition

Case Briefs High Courts

Karnataka HC Disposes of Writ Petition as Infructuous After DGGI Withdraws Provisional Attachment of Three Bank Accounts

Cheq Digital’s writ petition challenging DGGI’s provisional attachment of its bank accounts under Form GST DRC-22 was disposed of as infructuous after DGGI itself withdrew the attachment order during pendency, with ICICI Bank undertaking to implement the withdrawal forthwith.

Appeal against contempt notice not maintainable

Case Briefs High Courts

Delhi HC: Contempt Notice Order Not Appealable Under Order 43 Rule 1(r) CPC; 105 Days’ Delay Not Condoned

Delhi High Court dismissed an intra-court appeal against an order issuing contempt notice and deferring an Order 39 Rule 4 CPC plea, refusing to condone 105 days’ delay and holding the order not appealable.

Case Briefs High Courts

Husband Used a Lok Adalat Settlement to Justify a Second Marriage — Allahabad HC Holds Lok Adalats Cannot Grant Divorce; Directs Judgment to Be Circulated Across UP

The Allahabad High Court declares Lok Adalats cannot assume the exclusive jurisdiction of Family Courts to grant divorce, criticises DLSA for mechanical and cryptic orders, and directs judgment to be circulated to all Lok Adalats and DLSAs across Uttar Pradesh.

Case Briefs High Courts

Is a Director an ‘Employer’ or ‘Employee’ Under the PoSH Act? Kerala HC Settles the Question for Institutions Governed by a General Body

Observing that although the Director was responsible for the overall management of IRTC, his powers remained subject to the control and supervision of the Executive Committee and the General Body, and noting that he was appointed by the Executive Committee, the Kerala High Court held that the appellant could only be treated as an employee of IRTC and not as its employer.

Case Briefs High Courts

Is ChatGPT an Intermediary or an Originator Under India’s IT Act? Inside Calcutta HC’s IndiaMart v OpenAI Ruling

Calcutta High Court held that ChatGPT’s generative qualities prima facie make it an originator rather than an intermediary, while acknowledging the question is ultimately “complicated and vexed” and can only be decided at trial with technical and expert evidence.

Case Briefs High Courts

Right to Be Forgotten Is a Facet of Article 21: In-Depth Analysis of Delhi HC’s Comprehensive Framework on De-Indexing, Masking and Informational Privacy in the Digital Age

In a 144-page ruling on 35+ petitions, Justice Sachin Datta held that the right to be forgotten is a constitutional right under Article 21, allowing acquitted persons, discharged accused, matrimonial dispute parties and sexual offence victims to seek de-indexing of judicial records from name-based search results globally, while declining relief for convicted persons, public figures, and cases involving ongoing public interest.

Section 156(3) CrPC court jurisdiction after investigation order

Case Briefs High Courts

Criminal Court Does Not Become Functus Officio After Ordering Investigation; Must Supervise, Monitor and Call for Progress Reports: Rajasthan High Court

The High Court further held that an unduly prolonged investigation without adequate justification entitles the accused to approach the High Court seeking quashing of the FIR, reiterating that investigations cannot continue endlessly at the cost of both complainant and accused.

Case Briefs High Courts

Does Running Over a Stray Dog Amount to Cruelty Under the Prevention of Cruelty to Animal Act, 1960? Calcutta High Court Answers

The High Court found no material demonstrating mens rea on the part of the petitioner, observing that the incident appeared to be an unfortunate road accident involving a stray animal. In the absence of evidence showing deliberate or knowing conduct, the allegations of intentional cruelty could not be sustained.

Case Briefs High Courts

Licensed Pharmaceutical Stock Recovered, Section 42 Under Scrutiny, 44 Witnesses Cited, Trial Yet to Begin After 2 Years: Delhi HC Grants Bail in NDPS Case

The Court found that the present matter is not one where wholly illicit pharmaceutical drug had been recovered from a person lacking lawful authority to possess them.

Case Briefs High Courts

Disability Pension to Army Personnel Cannot be Denied on Medical Opinion Unsupported by Adequate Reasons: Kerala High Court

Holding that where a disability pension claim is raised within 15 years of discharge the primary burden of proof rests on the Department and not the claimant, the Kerala High Court set aside the Armed Forces Tribunal’s rejection of a former soldier’s disability pension claim.

Case Briefs High Courts

“Father can’t discriminate between educational expenses of son and daughter”: MP HC enhances maintenance granted to government servant’s wife and daughter

The Court stated that if the husband was bearing substantial expenses for the technical education of the major son, the same could not be a ground to restrict reasonable maintenance and educational support to the minor daughter.