High Courts Archives

Meghalaya HC directs State Government to monitor cement company to prevent illegal mining of limestone

“Every three months, the Chief Secretary or authorized officer will issue a communication after due enquiry that the respondent continues or does not continue to mine limestone in accordance with the license.”

Case Briefs High Courts

Orissa High Court directs appointment of competent authority to ensure workability of Odisha Prevention of Cow Slaughter Act, 1960

Stating that the 1960 Act cannot become a dead letter, the Court noted that the State law being a Special Act has an overriding effect on the other State laws and imposes a complete prohibition on cow slaughter, irrespective of customs and usage.

Aadhaar Voter ID proof of Indian citizenship

Case Briefs High Courts

Aadhaar Card, Voter ID, PAN not sufficient to prove citizenship if entered into India illegally: Bombay High Court

“Merely having documents such as an Aadhaar Card, PAN Card, or Voter ID does not, by itself, make someone a citizen of India. These documents are meant for identification or availing services, but they do not override the basic legal requirements of citizenship as prescribed in the Citizenship Act, 1955.”

written agreement not necessary for mubaraat

Case Briefs High Courts

Written agreement not necessary for divorce by ‘Mubaraat’ under Muslim Law: Gujarat HC

“When parties to the Muslim marriage come to an agreement to mutually dissolve their Nikah, they are at liberty to do so, and by virtue of this mutual agreement (Mubaraat), the Nikah stands dissolved.”

Case Briefs High Courts

“Glaring instance of shirking responsibility”: Allahabad HC rebukes State for lackadaisical attitude in Court proceedings causing delays

“Such a lackadaisical attitude of the State functionaries not only wastes the precious time of this Court but also raises stumbling blocks in the administration of speedy justice and adversely affects the interest of public at large.”

Case Briefs High Courts

Kerala HC orders digitalisation of all temple accounts under Travancore Devaswom Board after Rs 40 lakh petrol pump embezzlement

“Financial irregularities could be brought to a stop, and systematic loss of income out of Devaswom assets and properties could only be prevented by adopting sound accounting practices, a prerequisite of which was computerisation.”

Comments on wife clothing & cooking not cruelty

Case Briefs High Courts

Can remarks on wife’s clothing and cooking amount to cruelty under S. 498-A IPC? Bombay High Court weighs in

“Making statements such as, the wife does not wear proper clothes or was not able to cook food properly, cannot be said to be acts of grave cruelty or harassment as per the explanations given in Section 498-A of the Penal Code, 1860.”

Online bail order sufficient for release

Case Briefs High Courts

Downloaded copies of bail order sufficient for immediate release, no need to wait for certified copy: Punjab & Haryana HC

“There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the convict can download this order along with case status from the official web page of this Court and attest it to be a true copy. If the attesting officer wants to verify the authenticity, such an officer can also verify it and may download and use the downloaded copy for attesting bonds.”

Case Briefs High Courts

Explained | Dabur Meswak Trademark suit: Delhi HC’s decision to quash Rs 12,00,000 cost imposed for 48 day delay in filing Written Statement by VI-John

There is no absolute bar on the Trial Court to consider the subsequent developments and condone the delay if justifiable grounds are made out in the Application for condonation of delay.

Case Briefs High Courts

‘Admissions can be inferred from vague/evasive denials’; Delhi HC decrees eviction based on admissions despite denial of landlord-tenant relationship

The issues that have been set up in defence by the respondent are such that it will not be possible for him to succeed even if these are entertained, so far as concerns the recovery of possession of the subject premises. No useful purpose will thus be served if the matter goes to trial on the prayer for recovery of possession.

case against wife quashed despite suicide note

Case Briefs High Courts

Writing ‘wife needs his death’ and that ‘she tortured him’ in suicide note not enough: Karnataka HC quashes abetment to suicide case against wife

“Reading of the complaint, filed in the present case, would go to show that, necessary ingredients to attract the alleged offence is not found.”

P&H HC disposes plea of 2016 Civil Judge exam candidate

Case Briefs High Courts

Punjab and Haryana HC disposes plea of 2016 Civil Judge exam candidate after Recruitment Committee calls him for viva-voce following dispute over 3 marks

In the present case, the petitioner had appeared in Civil Judge examination of 2016. In 2019, he had sought modification of marks obtained in the mains examination and eventually to be called for viva-voce.

Case Briefs High Courts

Stray Cattle on Roads and Highways | Chhattisgarh HC directs NHAI to file affidavit amid rising accidents endangering cattle and human lives

The PIL was filed due to repeated incidents of stray cattle being killed in road accidents or traffic congestions taking place.

BNSS prevails over State amendment under CrPC

Case Briefs High Courts

‘Does S. 482 BNSS takes precedence over stricter State amendment to S. 438 CrPC?’ Uttaranchal High Court refers matter to larger bench

“When the Parliament enacts more liberal provisions, the benefit thereof should be available to all persons who may be affected, regardless of when their cases originated.”

Case Briefs High Courts

‘“Undetected report” did not terminate investigation’; Madras High Court orders further probe into Facebook post insulting Lord Krishna

“The posts had the potential to offend religious sentiments, leading to social unrest. Despite the seriousness of the allegations, the respondent police handled the case casually, halting the investigation and closing it as ‘undetected’.”

Case Briefs High Courts

‘Instituting frivolous litigation resulted in gross misuse of judicial process’: P&H HC imposes 50k cost on litigant

The tendency of litigants to misuse the judicial forum by engaging in forum shopping, filing repetitive and meritless petitions, and adopting dilatory tactics undermines the very foundation of our legal system and clogs the administration of justice.

entertainment duty on online movie tickets

Case Briefs High Courts

‘Online sale of movie tickets not separate business’: Bombay HC upholds levy of entertainment duty on convenience fee exceeding Rs. 10

“Merely because charges for online booking are included in the tax measure does not imply that the State has encroached upon the Union List.”

Case Briefs High Courts

CBI Probe into Sandeshkhali Murders | High Court’s direction for Investigation not open to challenge by prospective suspects or accused: Calcutta HC

“As an accused,Shahjahan Sheikh does not have a right to be heard at the stage of investigation or have a say in the matter of an appointment of an investigating agency.”

Case Briefs High Courts

“Not case of inadvertence but of absolute lack of mind application”: Allahabad HC imposes Rs 1 Lakh cost on DM for passing illegal blacklisting orders

“This is nothing but an intransigent attempt to justify an unjustifiable act in the teeth of law declared by the Supreme Court.”

Case Briefs High Courts

Sexually assaulting minor boys a heinous crime: Bombay HC denies bail

“Though there was no progress in the trial and even the charge was also not framed and the applicant was incarcerated since 22-12-2021, however, the material on record prima facie showed the applicant’s involvement in the crime.”