High Courts Archives

Pharmacies Can Sell Below MRP But Cannot Display Vague Discount Boards; Drugs Controller’s Licensing Condition Upheld: Kerala High Court

The Court viewed that the power of the licensing authority to stipulate certain conditions while submitting applications for the grant of a licence cannot be said to be arbitrary or warranting an interference by this Court.

hysterectomy parens patriae intellectual disability India

Case Briefs High Courts

Karnataka High Court permits Total Abdominal Hysterectomy of 23-year-old woman with severe intellectual disability, citing her welfare and best interests

“Disability, by itself, can never constitute a ground either to authorise the removal of a reproductive organ or to deprive a person of reproductive autonomy. Any such approach would be inconsistent with the constitutional guarantees recognised by the Supreme Court and with the dignity accorded to persons with disabilities under the Constitution and the statutory framework governing their rights.”

Case Briefs High Courts

Advocate Entitled to Agreed Professional Fees Adjustable Against Compensation Amount: Delhi HC Dismisses Client’s Appeal on Failure to Prove Payment

The Court also acknowledged that the advocate’s conduct was improper in retaining the entire amount of Rs.60,000/- received on behalf of the client.

Case Briefs High Courts

Treating Employment Bond Amount as Debt Without Establishing Actual Loss Impermissible under Section 138 NI Act; Employee Acquitted in Cheque Dishonour case: Bengaluru Sessions Court

Any dispute arises in respect of liquidated damages, it should be reasonable. A party to contract violated a terms or conditions, he is liable to pay actual damages or loss caused to other party.

Case Briefs High Courts

Better possessory title prevails over mere occupation: Delhi High Court dismisses second appeal in JJ Colony property dispute

Deciding a second appeal arising from a long-standing dispute over a JJ Colony property, the Court upheld a decree for possession in favour of the respondent, observing that while the respondent successfully traced her rights to the original allottee through documentary evidence, the appellant failed to substantiate her competing claim with any credible material.

Case Briefs High Courts

No surrender of tenancy without agreement or decree; Continuous acceptance of rent entitles tenant to repossession: Bombay HC

The Court held that tenancy cannot be said to have been surrendered in absence of a decree of eviction or a valid agreement evidencing surrender, and that temporary handing over of premises for a limited purpose does not extinguish tenancy rights, particularly when rent continued to be paid and accepted.

Case Briefs High Courts

Whether a Shared Autorickshaw Used for Office Commute Constitutes a “Workplace” Under POSH Act? Bombay HC Answers

Bombay High Court considered the scope of “workplace” under the POSH Act in relation to an incident allegedly occurring during a shared autorickshaw commute to work.

motor accident claim compensation loss of consortium

Case Briefs High Courts

In Absence of Income Proof, Minimum Wages Act Governs Notional Income in Motor Accident Claims: Andhra Pradesh HC Enhances Compensation from ₹12.4 lakh to ₹16.92 Lakh

The Court allowed the motor accidents appeal and enhanced the compensation in a motor accident claim, by awarding 40 per cent additional income towards future prospects and ₹40000 to each claimant under the head of loss of consortium.

Case Briefs High Courts

Electro-Homeopathy Regulated Under Medical Practitioners’ Statutes; Registration Mandatory: Kerala HC

The Court observed that a citizen cannot claim an unrestricted right to engage in any activity merely because it is not expressly prohibited by law; Constitutional freedoms must be balanced against societal interests and corresponding civic obligations.

Case Briefs High Courts

Delhi High Court: Acceptance of Pagri Does Not Render Tenancy Perpetual or Confer Ownership Rights on Tenant

Delhi High Court held that acceptance of pagri does not make a tenancy perpetual or confer ownership rights on a tenant. Upholding an eviction decree, the Court held that filing of the suit itself amounted to notice of termination and found the Delhi Rent Control Act inapplicable to the premises.

Child Welfare in Cross-Border Visitation

Case Briefs High Courts

Immigration Uncertainty During H-1B Visa Transition a Genuine Child Welfare Concern; Delhi HC Allows Father to Exercise Vacation Custody in USA Without Bringing Child to India

The Court asserted that since the respondent-father had already travelled to USA, he could spend time with the child there and to give priority to the minor child, he could extend his stay in USA by working remotely from there.

Absolute liability of electricity company for electrocution death

Case Briefs High Courts

Electricity company cannot shift blame to deceased victim; absolute liability for electrocution is non-delegable: Gujarat HC upholds ₹9.4 lakh compensation

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

30-day notice period under Special Marriage Act

Case Briefs High Courts

Can the 30-day notice period under the Special Marriage Act be waived? Delhi HC answers

Delhi High Court ruled that the mandatory 30-day notice period under the Special Marriage Act cannot be relaxed merely because one of the parties is required to join employment abroad, emphasising that courts cannot bypass express statutory requirements.

Case Briefs High Courts

No stay on arbitral award means execution cannot be obstructed: Bombay HC directs HDIL promoter’s associate to disclose assets on oath

Meena Kumar Rohra, a close associate of HDIL promoter Rakesh Kumar Wadhawan, was directed to disclose her assets on oath within four weeks, with the injunction restraining her from disposing of assets continuing in force.

conviction based on confessions before police

Case Briefs High Courts

Can a Murder Conviction Be Based on Confessional Statements Under S. 164 CrPC Recorded in Presence of Police Officer? Know What Gauhati HC Said

In the present case, the Gauhati High Court examined the validity of a murder conviction based primarily on confessional statements recorded under Section 164 CrPC and alleged extra-judicial confessions.

Case Briefs High Courts

Section 69-A, IT Act empowers platform-wide blocking: Delhi HC upholds temporary Telegram Ban as proportionate amid risk of fabricate leak claims in NEET-UG 2026

With 2.2 million candidates appearing in the re-examination and unlawful channels reappearing within minutes of every takedown, the Court held that narrower measures had been exhausted and that Telegram’s own CEO’s public admission of “backdating scams” and “hundreds of removed channels” constituted a concession that rendered the platform-wide block legally sustainable.

Kerala HC upholds POCSO conviction of Madrassa teacher

Case Briefs High Courts

POCSO | Kerala HC Upholds Madrassa Teacher’s Conviction for Aggravated Penetrative Sexual Assault on a Nine-Year-Old Boy

The Kerala High Court upheld the conviction of a Madrassa teacher for offences under the POCSO Act, IPC, and Juvenile Justice Act, holding that a child survivor’s reliable and consistent testimony can independently sustain a conviction.

Right of Residence in Sister-in-law Property

Case Briefs High Courts

Marital Discord Cannot Penalise a Sister-in-Law Who Opened Her Home in Good Faith: Delhi HC Rejects Wife’s Shared Household Claim Over Sister-in-Law’s Property

Delhi High Court ruled that a daughter-in-law cannot continue occupying her sister-in-law’s property merely because she resided there with her husband. Once the husband’s permissive right ended, she had no independent right to remain in possession.

Case Briefs High Courts

Delhi HC: Binding Heads of Terms Gives Rise to Bona Fide Arbitral Claim; Issues of Specific Performance and Enforceability Left to Arbitral Tribunal

In a Section 9 plea under the Arbitration and Conciliation Act, 1996, the Court holds that the Heads of Terms constitutes a prima facie binding commercial arrangement warranting interim protection, leaving questions of enforceability and entitlement to specific performance to the arbitral tribunal.

Presiding arbitrator has no noteworthy superior role

Case Briefs High Courts

Technical Disputes Do Not Mandate a Technical Presiding Arbitrator; Tribunal May Seek Expert Assistance: Kerala HC Nominates Former Judge as Third Arbitrator

A party that initially chose a retired Judge as sole arbitrator cannot later insist that only a technical expert can adjudicate because the dispute is factual in nature — the Kerala High Court directed the KHHAC to nominate a former Judge as presiding arbitrator, leaving it open to the tribunal to seek expert assistance on technical issues.