High Courts Archives

Adverse action against doctor who didn’t rise upon MLA’s arrival “highly disturbing” and unjust: P&H High Court imposes Rs 50,000 cost on State

During the COVID-19 pandemic, an MLA visited hospital and was annoyed that the Government Casualty Medical Officer did not rise upon his arrival. Thus, a Show Cause Notice was issued to him regarding initiation of disciplinary proceedings.

production of call details right to privacy

Case Briefs High Courts

Production of Call Details in Criminal Trial prevails over Police Privacy Rights; Accused to prove necessity: Punjab and Haryana High Court

“It enables the Court to secure important documentary evidence that may be in the possession of individuals or organization and helps prevent the destruction, tampering or loss of crucial documents, thereby maintaining the integrity of the judicial process.”

Case Briefs High Courts

Bombay HC protects former stockbroker Ketan Parekh’s liberty to travel abroad, Replaces Rs 27 crore bail condition with Rs 5 lakh in each case

“The right to travel abroad has been considered to be a facet of right to life and personal liberty, and, thus, cannot be subjected to unreasonable and arbitrary restrictions, even when a person is facing a prosecution.”

Case Briefs High Courts

“Allegations of spending habits, household contribution, or mobile usage, without proof of severe mental harassment, not cruelty”: Madhya Pradesh HC

“The husband married the wife of his own volition through social media, and if household habits or lifestyle preferences were material factors to him, they could have been ascertained before marriage.”

Case Briefs High Courts

AIIMS not obligated to pay stipend to PG students admitted under ‘foreign national’ category: Delhi High Court

The respondents had been admitted in various post graduate courses under the ‘Sponsored/Foreign Nationals’ category through a prospectus specifying that the candidates admitted under this category would not be entitled to emoluments.

Case Briefs High Courts

Bombay High Court upholds interim relief to Asian Paints in trade mark dispute, finds rival marks confusingly similar

“This Court came to a prima facie finding of overall deceptive similarity in the rival marks and that the impugned marks and the artwork adopted by the defendant is deceptively and confusingly similar to that of the Asian Paint Ltd.’s mark.”

Case Briefs High Courts

“It’s a mess, dishonesty at all levels”: Allahabad HC reprimands State over issuance of multiple birth certificates

“It appears that anyone at any point of time can get a date of birth certificate issued with whichever date they want from wherever in the State.”

Case Briefs High Courts

Bombay High Court refuses condonation of 12-year delay; Imposes Rs 1 lakh costs for misuse of judicial process due to suppression of facts in writ petition

The Court observed that imposition of costs was necessary to send a clear message that Court time is valuable and cannot be taken for granted.

Case Briefs High Courts

Protection to live-in couple without dissolution of marriage would amount to protection against bigamy: Allahabad High Court

In the case at hand, two adults were living in a live-in relationship and the women involved was a legally wedded wife of another man and their marriage was not dissolved yet.

Case Briefs High Courts

Disciplinary action against Superintendents of Police unjustified for Investigating Officer’s failure to file chargesheet/closure report: Madras HC

“No doubt, the Superintendents of Police have to monitor the investigation conducted by the lower-level officers; however, merely because some of the officers have violated the procedure and not filed the final report or closure report in time, that negligence cannot be attributed to the Superintendents of Police.”

Case Briefs High Courts

‘Known face in content creation’; Delhi High Court protects podcast host Raj Shamani’s personality rights

Raj Shamani sought action against third-parties who were using his personal attributes to generate reels and videos via artificial intelligence to create fabricated/deepfake/morphed/distasteful content, which were misleading and contained false information.

institutional preference to MBBS graduates

Case Briefs High Courts

Madhya Pradesh HC quashes amendment giving institutional preference in PG courses in private medical colleges to MBBS graduates from MP

“Giving institutional preference in the first round would most likely entail filling up all the postgraduate seats from the institutional candidates who have qualified for MBBS from colleges within MP, as the number of postgraduate seats is far less than MBBS seats.”

Case Briefs High Courts

Umesh Pal murder case| Granting bail would send wrong signal: Allahabad High Court on Atiq Ahmed’s brother-in-law’s Bail plea

“The brutal killing of three persons, including two security guards, in broad daylight with firearms and explosives has shaken public confidence and created terror in society”

Case Briefs High Courts

‘State destroying entire vegetation’; Madhya Pradesh HC bars cutting, pruning, or shifting of any tree in Bhopal in Illegal Tree Felling Case

“Clearly, it appears that respondents are not interested in protecting or transplanting any tree but are, in a rampant manner, cutting and destroying the entire vegetation that is coming in the way of alleged development.”

Case Briefs High Courts

No roving enquiry required: Madras High Court holds Muslim-born woman’s divorce plea maintainable under Hindu Marriage Act

“There was absolutely no necessity for the Court to conduct any roving enquiry in such circumstances, merely because the wife’s name continues to be her original Muslim name.”

ECI's order de-listing political parties stayed

Case Briefs High Courts

Kerala High Court stays ECI’s order de-listing political parties in the State

The petitioners contended that its members had contested in the last election to the local bodies, indicating that the petitioners are active within the State.

Case Briefs High Courts

‘Hearing accused public servant before directing investigation mandatory under Sec. 20 of Lokpal Act’: Delhi HC

“The language employed in Section 20(3) of the Lokpal Act is peremptory and admits of no discretion. The legislative intent is that the prima facie satisfaction necessary for directing an investigation under the Act must be reached only after considering the explanation of the concerned public servant.”

Case Briefs High Courts

Education cannot be reduced to profit-making: Madras High Court bars deemed university from imposing break fee, Orders refund with interest

“Education must not be perceived merely as a commercial venture undertaken for profit. It is, and must remain, a noble service to society that carries with it a profound moral and constitutional responsibility.”

Case Briefs High Courts

Allahabad High Court denies relief to an accused in Bareilly Violence Case

Violence erupted when a Maulana allegedly called upon members of a particular community to assemble at the Islamiya Inter College, and the crowd went awry.

Case Briefs High Courts

‘Offence was not pre-meditated’; Allahabad HC commutes death sentence to life imprisonment of man who raped and killed his 5-month-old cousin

The Court reiterated that though in a rape and murder case based on circumstantial evidence, the death penalty can be awarded in the ‘rarest of rare’, normally imprisonment for life without any remission may be awarded, unless a death sentence is inevitable.