High Courts Archives

S. 197 CrPC | Excess use of power by Customs officers to ‘extract truth’ is an act done in discharge of official duty: Rajasthan High Court

“Sanction of the Government, to prosecute a public officer, for any act related to the discharge of official duty, is imperative to protect the public officer from facing harassive, retaliatory, revengeful, and frivolous proceedings.”

Case Briefs High Courts

‘Ought to have complied with Section 115 of Mental Healthcare Act’; Kerala HC sets aside conviction of a mother who killed her infant son and then attempted suicide

On literal interpretation of Section 115(1) of Mental Healthcare Act, 2017, it can be stated that any person who attempts to commit suicide shall be presumed, unless proved otherwise, to have severe stress and cannot be tried and punished for any offences under Penal Code, 1860.

Case Briefs High Courts

Mere change in tax rate for future AYs, no ground to reopen assessment without fulfilling jurisdictional parameters under S. 148 of Income Tax Act: Bombay HC

The jurisdictional parameter about failure to disclose fully and truly all material facts necessary for assessment are missing and without compliance with the said parameters, the respondents have no jurisdiction to proceed with the reopening of the assessment.

Case Briefs High Courts

‘Justice not a privilege for well-informed/well-represented’; Rajasthan High Court quashes 23-yr-old tree felling criminal case ‘in rem’

“The possibility that some accused persons have not appeared due to their socio-economic vulnerabilities must be taken into account, and their absence should not be construed as a waiver of their right to seek justice.”

Case Briefs High Courts

‘Expedition of trial cannot be at cost of fairness’; Delhi HC permits cross examination of Head Constable in Delhi riots case

While this court does not fault the Trial Court for attempting to proceed with the trial expeditiously, but, denying to the petitioner (‘accused’) the right to cross-examine the Head Constable on an issue which is critical to his defence appears to have been a disproportionate sense of expedition.

Case Briefs High Courts

‘Sovereign function of free medical aid not discharged by State’; P&H HC seeks explanation on lack of doctors, CT scan & MRI facilities at Civil Hospital

The Court stated that the State’s affidavit showed the dismal picture of incumbency and vacant positions in the Hospital as only two Medical Officers were posted against 39 sanctioned posts.

Case Briefs High Courts

‘Victim had sufficient knowledge, full capacity to know import of her actions’; Bombay HC grants bail to 24-year-old accused of raping his then 14-year-old girlfriend

“The victim has left her parents’ house without informing the parents and stayed with the accused for 3 days and 3 nights, she also confessed that she was in love with the accused and travelled along with him to different places and had a consensual encounter.”

Case Briefs High Courts

Punjab and Haryana HC rejects anticipatory bail plea in Rs. 7 Crores cybercrime through fake hearing before former CJI D.Y. Chandrachud

“It is noteworthy that instances of cyber fraud are increasing day by day, and according to the Data maintained by the Reserve Bank of India, Rs 3207 Crores were lost due to 5,82,000 cases of cyber-fraud between F.Y 2020 to F.Y. 2024.”

Case Briefs High Courts

MP High Court approves three-phase trial run for disposing 30 metric tons of Union Carbide’s toxic waste

The instant matter pertains to the disposal of hazardous waste from the Union Carbide India Limited (UCIL) site.

Case Briefs High Courts

‘Normal life turned into misery’; Gujarat HC enhances compensation for minor victim who became paraplegic in a 25-year-old road accident case

“The pain and agony of a five-year-old child, who became paraplegic, is miserable, at least in the form of money, but sense prevails that it is the only occasion on which the Tribunal or the Court by adopting a pragmatic, realistic, and sensible approach to compensate the minor and/or to endeavour to put him back to the original position.”

Case Briefs High Courts

Non-payment of salary to employee amounts to Begar under Article 23 & is impermissible: Rajasthan High Court

“The sweep of the right to life conferred by Article 21 of Constitution of India is wide and far reaching. An important facet of that right is right to livelihood, because no person can live without the means of living, i.e., the means of the livelihood.”

Case Briefs High Courts

‘Migrated Gas’ extraction by Reliance Industries violated Public Trust Doctrine; Delhi High Court sets aside arbitral award

RIL has extracted the ‘Migrated Gas’, however, the said extraction/ exploration of the ‘Migrated Gas’ without any ‘explicit and express permission’ cannot be said to have been in ‘most efficient manner for betterment of the Union’, which did not belong to it and which did not entitle them to reaping any profits therefrom.

Case Briefs High Courts

S. 192 MV Act | Meghalaya HC quashes FIR and chargesheet against former DGP for alleged misuse of official vehicle registration number

“The chargesheet submitted without permission from the Magistrate concerned to investigate the offence, cannot be rendered valid in terms of provision of Section 155 (2) of the Code of Criminal Procedure, 1973 which lays down that no police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.”

Case Briefs High Courts

‘Novel plea of non-receipt of signed award copy cannot be raised in appeal’; Gujarat HC rejects NHAI’s appeals against dismissal of S. 34 applications due to delay

“A novel plea has been taken for the first time without any substantial basis on the factual aspects about the non-delivery of the copy of the award by the Arbitrator to the NHAI, in the present appeal, which cannot be appreciated within the limited scope of Section 37.”

Case Briefs High Courts

No vicarious liability of Daughter for merely receiving money from father involved in fraud case; Rajasthan High Court quashes FIR

“There is no allegation of hatching criminal conspiracy by the petitioner-daughter with her father or any connivance with regard to giving inducement to the complainant and causing loss to him.”

Case Briefs High Courts

Punjab & Haryana HC quashes order denying parole to NDPS convict on mere assumption of reoffending during elections

As the poor person has been unnecessarily forced to approach this Court for seeking parole, the Court was inclined to impose exemplary costs on respondent 4 and 5, but the assurance is given that in future, parole matters shall be decided based on material available on record.

Case Briefs High Courts

Delhi High Court temporarily restrains use of ‘Masaba’ mark; grants interim protection to House of Masaba in a trade mark case

The plaintiff averred that given the widespread sale, promotional and advertising activities undertaken by the plaintiff, the registered trade marks has become the single source identifier of the plaintiff and its goods and services.

Case Briefs High Courts

‘Victim sensed a bad touch, so her instinct must be believed’; Bombay HC upholds former Army Officer’s sentence under POCSO Act

The victim’s testimony in sexual assault cases is vital and unless there are compelling reasons which necessitates looking for corroboration of her statement, the courts shall find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable.

Case Briefs High Courts

Law should evolve to acknowledge and respect adolescent relationships, if they are consensual and free from coercion: Delhi HC upholds acquittal of POCSO accused

While the legal age of consent is important for protecting minors, the adolescents should be allowed to express their feelings and engage in relationships without fear of criminalization. The focus of the law should be on preventing exploitation and abuse rather than punishing love.

Case Briefs High Courts

‘Hyper technical & insensitive approach, ignored object of MV Act’; Gujarat HC allows plea against MACT’s order denying fair compensation

“Adopting a sensitive approach is crucial for the Tribunal. It plays a key and vital role in ensuring not only justice to the victim of the motor accident but also to determine just and fair compensation”