High Courts Archives

FSL report must be obtained on priority, preferably within 60 days: Rajasthan High Court grants bail

“Whether the investigation under NDPS Act is to be completed within 60 days or 180 days is totally dependent upon FSL report.”

Case Briefs High Courts

Grounds of arrest must be served in writing simultaneously with arrest memo; Delhi High Court grants bail in abetment to suicide case

On perusal of the arrest memo shows that though there is column providing for ‘reasons of arrest’ against which it is stated “for the purpose of fair investigation” but neither there is column for ‘grounds of arrest’ in the arrest memo nor it is the case of the prosecution that the ‘grounds of arrest’ were separately served upon the present petitioner at the time of his arrest.”

Case Briefs High Courts

Madhya Pradesh High Court gives green flag for removal of BRTS Corridor in Indore

“Huge increase in volume of traffic and everyday traffic congestion in both sides of the BRTS Corridor persuaded the Expert Committee to conclude that BRTS Corridor has lost its utility in the present-day scenario.”

Case Briefs High Courts

Delhi HC temporarily restrains Azure Hospitality from playing Phonographic Performance’s copyrighted songs without license in its restaurants/bars

The act of the defendants of playing the sound recordings in their restaurants/bars, for which the plaintiff holds the copyright would, on a prima facie view, amount to infringement of the plaintiff’s copyright in terms of Section 51 of the Copyright Act, 1957.

Case Briefs High Courts

‘Cannot direct legislature to unbury or re-legislate’; Bombay HC rejects plea to revive Maharashtra Casinos (Control and Tax) Act, 1976

The Maharashtra Casinos (Control and Tax) Act, 1976 Act is “still born” and thus, when the 1976 Act itself is a dead letter, no legal rights can accrue to the petitioner to maintain the present petition.

Case Briefs High Courts

Gujarat HC rejects judiciary aspirant’s plea seeking age relaxation to attempt Civil Judge Exam

The aspirant, who crossed the age limit of 35 years contended that there was no recruitment undertaken during the year 2023-2024, though, the vacancies were available and therefore, she did not get a chance to participate.

Case Briefs High Courts

Telangana HC revokes prohibition on children below age of 16 from watching late night movies in theatres

“The order of this Court dated 24-01-2025 may have ramifications all over the State and may cause substantial loss to the multiplexes/theatres during release of new movies.”

Case Briefs High Courts

Telangana HC rejects PIL challenging prohibition on candidates with more than 2 children from contesting panchayat elections; imposes Rs. 25,000 costs

“If certain persons were held to be ineligible to contest the election having more than two children, such persons may be ‘persons aggrieved’ and could have assailed that decision in an independent capacity and not as a PIL.”

Case Briefs High Courts

Delhi High Court rejects Air Force officer’s plea to quash domestic violence case filed by wife

Even if the contention of the petitioner is accepted that there was no domestic violence, then too her right to claim residence is still maintainable.

Case Briefs High Courts

Reformative approach be taken while evaluating past youthful indiscretions of candidates seeking government employment: Rajasthan High Court

The Court called for a mechanism to be devised in juvenile justice system by expungement of records for minor offenses committed by youth so as enable their easier rehabilitation and also prevent youthful mistakes from becoming lifelong barriers to personal and professional growth.

Case Briefs High Courts

Maintainability of proceedings under S. 148A(b) of Income Tax Act post-enforcement of Finance (No. 2) Act, 2024: Read Allahabad HC’s ruling

The Finance Act No. 02 of 2024, which came into effect on 01-09-2024, brought about significant amendments to the Income Tax Act. Among the key changes are revisions to Sections 148 and 148A, which pertain to the provisions for assessment and reassessment of income. In addition, Section 152 has been amended to introduce two new sub-sections.

Case Briefs High Courts

Instigation, or common intention cannot be mere basis to prove cruelty under S.498-A IPC: Bombay HC

The allegations submitted by Respondent 2 cannot amount to cruelty under Section 498-A of Penal Code, 1860 as each person shall act in his own way and the said act independently shall amount to cruelty.

Case Briefs High Courts

‘It is an administrative decision to be taken by the Kolkata Metro Rail’; Calcutta High Court dismisses PIL seeking additional Kolkata Metro Services on Blue Line

A PIL was filed seeking a direction upon the railway administration to introduce at least four additional metro services between 9:40 p.m. and 10:40 p.m. on the Blue Line of Kolkata Metro Railway, covering the route from Dakshineshwar to Kavi Subhas Stations.

Case Briefs High Courts

Gujarat HC stays order allowing law graduates from allegedly unrecognized institutes to participate in the Civil Judge recruitment process

None of the graduates can point out that under which provisions of law, they can be allowed to appear in the recruitment process. Neither they are eligible as per the requirement of Rule 7(2)(b) of the Gujarat State Judicial Service Rule, 2005 nor they have been able to satisfy that they are holding the Provisional Certificate issued by the authorities.

Case Briefs High Courts

Delhi HC directs to conclude trial of acid attack accused in a month; Issues directions for compliance of higher courts’ order to conclude trials in time bound manner

It is unfortunate that despite directions from Supreme Court and this Court, the trial has not yet concluded. This was unacceptable, considering that such directions were passed while disposing of the bail application, and the accused is in judicial custody for over 10 years. Such prolonged delay in compliance with judicial directions defeats the very purpose of directing expeditious trial.

Case Briefs High Courts

‘Nothing substantial in trial, matter adjourned almost 78 times’; Gujarat HC grants bail to accused in NDPS case

“Bleak hope of any speedy trial in the matter.”

Case Briefs High Courts

‘Students should not be barred from carrying smartphones’; Delhi High Court issues guiding principles for the use of smartphones in schools

The factual matrix in this case presented a situation in which a minor student was visited with certain consequences by reason of misusing a smartphone while in school.

Case Briefs High Courts

Bombay HC stays order directing registration of FIR against former SEBI Chairperson Madhabi Puri Buch and other SEBI, BSE officials

The special court passed the order on the complaint filed by Sapan Shrivastava, a media reporter, seeking investigation into the alleged offences committed by the accused persons, involving large scale financial fraud, regulatory violations, and corruption.

Case Briefs High Courts

Punjab and Haryana HC stays license cancellation of street vendors; directs them to file appeal against dislocation to remote areas

“Since the show cause notice to the vendors merged into the final order of the Town Vending Committee, they had the remedy to file a statutory appeal against it.”

Case Briefs High Courts

‘Real women empowerment begins with right to live and move freely without fear’; Delhi HC upholds conviction of a man accused of harassment in public space

Public transport, which is meant to ensure mobility and independence, instead became a site of fear and vulnerability for the victim, and any undue leniency to an accused caught at the spot, may embolden any future for perpetrators.