High Courts Archives

‘Mother equal natural guardian, cannot be implicated in kidnapping her child’; P&H HC dismisses uncle’s habeas corpus plea for custody of 12-year-old nephew

The Court noted that the mother, who ordinarily resides in Australia, merely responded to the distress call of her child who was left with the house help by his father while he was on a business trip.

Case Briefs High Courts

Delhi HC dismisses BSNL’s appeal; Upholds ₹43.52 cr. arbitration award in favour of Vihaan Networks for pre-contractual work on 2G Network in Northeast

The genesis of the dispute lay in the Notice Inviting Tender by BSNL, acting on behalf of the Universal Services Obligation Fund, for the establishment and maintenance of 2G GSM BSS Network in remote and insurgency-affected areas of Arunachal Pradesh and Assam.

Case Briefs High Courts

Services provided to individual by advocate or firm are exempted from levy of service tax; Orissa HC quashes Rs. 2 Lakhs service tax notice

Services provided by an advocate or a Partnership firm of advocates providing legal services to any person other than a business entity and a business entity with a turnover up to rupees ten lakhs in the preceding financial year are exempted from the levy of service tax.

Case Briefs High Courts

‘Non-bailable warrants must not be issued mechanically’; Punjab & Haryana HC quashes bail cancellation order of accused who missed one hearing due to ill health

“The issuance of non bailable warrants must not be exercised in a mechanical manner. It must be adopted sparingly and only upon recording cogent reasons that reflect the necessity of such a stringent course.”

Case Briefs High Courts

MP High Court upholds Civil Judge’s dismissal for delivering verdicts in several criminal cases without writing judgments

“A judicial officer cannot pronounce the concluding portion of his judgment in open court without the entire text of the judgment being prepared/dictated.”

Case Briefs High Courts

‘Recording of evidence crucial part of trial’; Bombay HC denies relief to police officer who laughed at a Judge while deposing on video conference

A request by the Trial Judge to the petitioner-police officer’s superior Officer to frame Standard Operating Procedure (SOPs) for investigating agencies in giving evidence through video conference does not imply any personal vendetta of the Trial Judge against the police officer.

Case Briefs High Courts

Husband’s girlfriend not a ‘relative’ for prosecution under S. 498A IPC’; Gujarat HC quashes cruelty case

The Court held that the petitioner was the alleged girlfriend of the complainant’s husband, and no other status or relation had been assigned to her for prosecution under Section 498A of the IPC.

Case Briefs High Courts

Expenditure on Overburden Removal is Capital Expenditure, hence not deductible under S. 37(1) of Income Tax Act: MP High Court

‘Employee and community welfare expenditures incurred under statutory obligations or National Coal Wage Agreements are allowable business expenses under Section 37(1), being commercially expedient.’

Case Briefs High Courts

Delhi High Court refuses injunction against YouTuber in Doctor’s Choice Protein Review Case, Upholds influencer’s free speech backed by lab reports

Influencer marketing has emerged as a pivotal force in India’s digital landscape reshaping how consumers connect with brands across sectors, from fashion and beauty to food, technology and finance.

Case Briefs High Courts

‘Indian Courts not for sidestepping jurisdictional proceedings by foreign nationals’; P&H HC grants custody to Canadian woman whose husband allegedly abducted their son

“Permitting the husband to retain the custody of the minor son, despite an unequivocal foreign custody order to the contrary, would be antithetical not only to the legal rights of the petitioner but also to the rule of law, international comity, and, above all, the welfare of the child.”

Case Briefs High Courts

Hathras gang rape & murder case| Allahabad High Court refuses to quash criminal proceedings against suspended SHO

“Facts emerged in investigation not only indicate lack of sensitivity but dereliction of duty on part of accused, and act and omissions of accused violate the provisions of law and rules.”

Case Briefs High Courts

Allahabad High Court finds ADJ incompetent in judgment writing; Directs three months’ training at Judicial Training and Research Institute

The Court directed the District Judge, Kanpur Nagar, to transfer the Revision to another equivalent and competent court, other than the court of Dr. Amit Verma, Additional District Judge, if he was still posted there.

Case Briefs High Courts

Mere assertions or absence of recovery of narcotics from accused insufficient when nexus with narcotic network prima facie exists: Delhi High Court

The Court observed that accused prima facie seems to be involved in organized narcotic network and has been frequently in touch with the main supplier of the contraband and with the receiver of the contraband.

Case Briefs High Courts

[POCSO] Alcohol-Fueled attempt to grope breasts not attempted rape: Calcutta High Court

“The evidence of the victim girl and the medical examination report prima facie do not indicate that there was any penetration or rape committed by the petitioner on the victim girl nor that he attempted to penetrate.”

Case Briefs High Courts

Sister-in-law taunting for not conceiving not a ground for S. 498A IPC & Section 3 and 4 of Dowry Prohibition Act charges to sustain: Andhra Pradesh High Court

The only reference to petitioners 3 and 4 is that, during visits to the accused No. 1 and third respondent’s home, they taunted her for not being able to conceive. Such vague allegations, without specific dates or details, cannot withstand legal scrutiny.

Case Briefs High Courts

‘Advocates perceived as client’s agent, must respect client’s autonomy to make decisions’; Bombay HC quashes forgery case against advocate

A considerable amount of direct control is exercised by the client over the manner in which an advocate renders his services during his employment and the services hired or availed of an advocate will be that of a contract “of personal service”.

Case Briefs High Courts

Mere suspicion of extra-marital affair, however morally reprehensible, does not per se amount to abetment of suicide: Delhi HC grants bail to a man accused u/s 498A, 304-B IPC

Even after assuming, that such relationship existed between petitioner and his sister-in-law, or demeaning language in reference to the deceased, was exchanged via WhatsApp between them, these facts, stand alone, do not, prima facie, disclose the specific ingredients of cruelty or harassment related to dowry demand.

Case Briefs High Courts

Gullible individuals facing rough weathers in life fall prey to inducements in the name of religious preachers; Delhi High Court denies anticipatory bail

Despite a settled legal proposition that the courts dealing with bail applications are not forum for recovery of money, indulgence was repeatedly extended to the accused/applicant, apparently keeping in mind the pitiable condition of the victims of the cheating.

Case Briefs High Courts

Punjab and Haryana HC seeks response from SSP regarding man allegedly tortured, given electric shocks, recorded naked in police custody

“The present case involves allegations of gross misconduct of the acting officials and in the opinion of the Court, requires a detailed response qua the chain of events as they unfolded in actuality as also qua the alleged custodial torture that the petitioner was allegedly subjected to.”

Case Briefs High Courts

‘Power to enact and to repeal is sole prerogative of legislature’; Meghalaya HC dismisses plea challenging vires of Rajitlal University (Repealing) Act 2023

RITHS Trust, described as the sponsor in the Rajitlal University Act, 2011, filed the present plea. However, even after three years of the Act, the sponsors of the University had not shown any interest in approaching the State Government with an application to establish the University.