High Courts Archives

No employer can impose restriction on freedom of Trade Union members to contest elections or continue as Office Bearers: Bombay High Court

The freedom to franchise/to contest an election/select from amongst the contesting candidates/to enjoy a term prescribed under the constitution of the Union, etc., cannot be curbed by a circular or Office Memorandum of an Employer.

Case Briefs High Courts

MP High Court seeks explanation for delay in full functionality of NCLT Indore bench despite infrastructure availability

The Court asked, “Why are at least two members from NCLT Delhi or NCLT Mumbai not being permanently posted at the NCLT Bench in Indore?”

Case Briefs High Courts

“Marital Rape is not recognised under IPC”; MP High Court upholds husband’s discharge from Section 377 IPC charge

“The definition of ‘rape’ excludes acts between a man and his wife, not below the age of fifteen years, performed during the subsistence of a valid marriage.”

Case Briefs High Courts

Calcutta High Court appoints sole arbitrator to resolve a dispute over unpaid bills following revised menu directions by IRCTC

The Government of India, Ministry of Railways, by a notification permitted the IRCTC to have a flexibility and customize the menu by including regional cuisines/preferences, seasonal delicacies, festival food, baby food, diabetic food, health food options.

Case Briefs High Courts

Foreign travel will not constitute ‘sufficient cause’ for condonation of delay under S.5 of Limitation Act: Bombay HC

The Court was sympathetic to the difficulty cast on the petitioner on account of restricted movement due to hostile weather and old age, but the Court did not understand as to what precluded his counsel from acting on his behalf.

Case Briefs High Courts

‘Deserves some reprieve in matter of sentence’; Chhattisgarh HC reduces sentence of man convicted under S. 377 IPC for sodomizing his friend after watching porn

Considering the facts and circumstances of the case, overall evidence adduced by the prosecution, the mode and manner in which the incident had taken place, the Court opined that some reprieve in the matter of sentence deserved to be given to the convict who had been incarcerated since more than four years.

Case Briefs High Courts

Delhi High Court sets aside charge u/s 21 POCSO Act against mother for delay in reporting sexual assault of her child by father

The Court stated that when the mother herself was living under constant fear, abuse, and violence inflicted by the same man, who had assaulted her child, her capacity to protect, act, or even process the truth is also deeply impaired. It is vital to understand the state of helplessness and paralysis that may result in such a traumatic environment.

Case Briefs High Courts

‘Prolonged pre-trial detention is anathema to Constitution, besides being in violation of human rights’; Madras HC grants bail to former DMK member Jaffer Sadiq in PMLA case

“Needless to say, that if the accused persons are found influencing any witness, it is always open to the prosecution to seek cancellation of bail and as on date, there is no complaint of any tampering or attempt to influence witnesses.”

Case Briefs High Courts

Rajasthan High Court takes suo motu cognizance on Heatwave Crisis in Rajasthan; issues interim directions

The Court strongly remarked “the Government cannot take the excuse that there are no available funds… when it is able to spend substantial funds running in millions on its publicity campaign.”

Case Briefs High Courts

‘Woman is considered as husband’s property and its devastating consequences is well documented in Mahabharata’; Delhi HC discharges man in adultery case

The Court stated that despite having example of Mahabharata to demonstrate the consequence of absurdity of treating of a woman as a chattel, the misogynistic mindset of our society understood this only when the Supreme Court declared Section 497 of Penal Code, 1860 as unconstitutional in Joseph Shine v. Union of India, (2018) 2 SCC 189.

Case Briefs High Courts

Bombay High Court, under parens patriae doctrine, appoints daughter as legal guardian of mother with dementia

The report of the Medical Board as constituted by the Dean of Sassoon General Hospital, Pune, concluded that as per history, past medical records, clinical examination, and psychological assessment, the petitioners’ mother was suffering from Dementia.

Case Briefs High Courts

Incidents of harassment felt by the patients in settling their Final Bills is not an untold story; Delhi High Court dismisses petition on criminal charges against Max Hospital

The mental trauma faced by patients and their families due to delays in insurance approvals is widely recognized. While this frustration may justify claims for compensation for mental harassment, it does not constitute a criminal offense.

Case Briefs High Courts

Employer’s obligation to pay gratuity within 30 days not contingent on employee’s written application post-exit: MP High Court

“Amounts of retiral dues, including gratuity, are not bounties. It is deferred payment to the employee for the long services rendered by him to the Department… The retiral dues are also recognized as property under the Article 300-A of the Constitution.”

Case Briefs High Courts

Mere liking of a post does not attract penalty under S. 67 of IT Act or constitute a criminal offence: Allahabad High Court

“Even otherwise Section 67 of the IT Act is for obscene material and not for provocative material. The words “lascivious or appeals to the prurient interest” mean relating to sexual interest and desire, therefore, Section 67 IT Act does not prescribe any punishment for other provocative material.”

Case Briefs High Courts

‘Injury to witness is an inbuilt guarantee of his presence at crime scene’; Bombay HC upholds conviction of two members of Chhota Rajan gang

“The conviction can be based on the testimony of a single eyewitness and there is no rule of law or evidence which says to the contrary, provided that the said witness passes the test of reliability.

Case Briefs High Courts

Madras HC expresses concern over criminal behavior among students of prestigious institutions; Recommends formation of special committee to address behavioral issues

“It is disheartening that students of such prestigious institutions have recently been involved in criminal behavior, tarnishing their reputations and jeopardizing their futures.”

Case Briefs High Courts

Delhi High Court issues urgent directions for rape victims seeking abortion beyond 24 weeks after hospital delays care to 15-year-old

The present case has once again brought to light, the distressing reality that victims of sexual assault, particularly those who are minors and come from socio-economically disadvantaged backgrounds, often remain unaware of the appropriate legal forum to approach, or the procedure to be followed, in cases involving termination of pregnancy resulting from sexual assault.

Case Briefs High Courts

Calcutta High Court grants bail in ₹37.29 cr GST ITC fraud case involving arrest without adjudication

The Memo of Arrest Served on the petitioner records that the arrest is based on the alleged wrongful availment of Input Tax Credit (ITC) amounting to ₹37.29 crores purportedly based on invoices raised without actual supply of goods

Case Briefs High Courts

MP High Court imposes Rs 5 lakh fine on Bhopal DIG for suppressing evidence in murder probe

“The then SP Datia has no regards for the law of land, and he is in habit of functioning as a Police Officer according to his own whims and wishes, thereby giving a complete go-by to the law of the land.”

Case Briefs High Courts

‘Employee not at fault for service interruption; entitled to all service benefits’; Madras HC directs authorities to grant retirement benefits to former Village Administrative Officer

“The respondents cannot take a stand that since the petitioner did not serve during the period, on the percept of ‘no work no pay’ his pay was fixed notionally to enable him to get pensionary benefits. The said contention of the respondents is untenable and unsustainable in the eye of law.”