High Courts Archives

‘Non-signing of witness depositions by Magistrate is fatal to prosecution case’; P&H HC acquits two teachers in assault case

Failure to abide by Section 275(4) Criminal Procedure Code, 1973 alone would be sufficient to suffocate the case of the prosecution, since the same is not an inconsequential irregularity, rather it impacts the entire prosecution.

Case Briefs High Courts

Delhi High Court raises doubts on the alleged shooting FIR lodged by nightclub mogul; refers matter to the Trial Court to decide

The complainant is asserted to be an extremely influential person, who runs a number of famous Night Clubs in Delhi and has close proximity with high-ranking police officials and deep-rooted connections with gangsters Lawrence Bishnoi and Goldy Brar.

Case Briefs High Courts

Duty of educated litigant does not end merely by signing counsel’s fee cheque; expected to keep track of litigation: Delhi HC dismisses application seeking condonation of delay

The appellants cannot seek condonation of such colossal delay under the pretext of professional misconduct of their previous counsel. It is not only the colossal length of delay; it is the unacceptable explanation of the delay, which must be discarded.

High Courts

Bombay HC asks State Govt. to consider applicants entering mother’s social status in “Aaple Sarkar” Web Portal for obtaining caste certificate

While dealing with matters such as the present one, the Court must be conscious of the fact regarding the purpose and object of seeking such a caste certificate based on the mother’s social status, since the mother belongs to the reserved category.

Case Briefs High Courts

Mobile phone unlocking is mere ‘configuration’ for export; Not ‘taken into use’ under Duty Drawback Rules: Delhi High Court

The development of standards in the field of telecommunication which enables usage of mobile phones across countries may be rendered ineffective if such configuration is held to the detriment of the OEM or the traders/exporters.

Case Briefs High Courts

‘Adoption of Hindu child into Hindu family can be made even without a registered deed’; P&H HC denies grant of compassionate appointment to adopted daughter

The Court held that the adopted daughter could not be denied compassionate appointment because of a school certificate that mentioned the names of the original parents and not the deceased employee, due to the non-presentation of a registered adoption deed for change of parents’ names in school records.

Case Briefs High Courts

Tehsildar can’t decide mutation applications based on disputed testamentary documents, particularly a Will: Madhya Pradesh High Court

“Revenue Officers, including the Tehsildar, do not have judicial authority to resolve disputes related to wills or non-testamentary documents. These matters must be decided by the Civil Court.”

Case Briefs High Courts

Child Care Leave is akin to privileged leave subject to administrative discretion, not unfettered right: Rajasthan High Court

“Discretion is reserved with the authority empowered to grant leave to refuse or revoke leave at any time according to the exigencies of the public service.”

Case Briefs High Courts

Appeal shall abate if fine imposed on conviction stayed by judicial order or deposited with Court before convict’s death: Punjab and Haryana HC

The issue is that the demise of appellants (‘convicts’) have rendered the power of attorney legally inoperative and invalid. As a fundamental principle of law, only a living person possesses the capacity to confer authority upon another to act on their behalf.

Case Briefs High Courts

‘Court’s power cannot be run down by seeking random directions, where there is legal course’; Telangana HC dismisses husband’s habeas corpus plea for wife’s production

The Court stated that the writ of habeas corpus was the most powerful safeguard against arbitrary acts of the executive, or even of private individuals, transgressing personal liberty.

Case Briefs High Courts

MP High Court directs Sub Divisional Officer to maintain ‘legible’ order-sheets & not treat election proceedings ‘so casually’

The Court found the Sub Divisional Officer’s handwritten order-sheets, nearly illegible, making it difficult for the higher authority to discern the proceedings.

Case Briefs High Courts

‘Long incarceration can lead to depression, anxiety, drug abuse’; Bombay HC grants bail to a man in custody for over 9 years

Inmates face social stigma which can disrupt relationships with family and friends and the incarcerated persons often suffer long-term consequences from having been subjected to pain, deprivation, and extremely atypical patterns and norms of living and interacting with others.

Case Briefs High Courts

Delhi HC appoints Justice Arvind Sangwan as sole arbitrator in a petition filed by Dixon Technologies

The arbitration would take place under the aegis of the Delhi International Arbitration Centre and would abide by its rules and regulations.

Case Briefs High Courts

Calcutta High Court grants bail to delivery boys of ‘Delhivery Ltd’ for not being in conscious possession of contrabands

The petitioners have their families and are permanent residents of Coochbehar. Their earnings from their engagement are the sole source of their livelihood. In the said conspectus, prima facie, it does not appear that they would flee from justice or delay the investigation by abscondence.

Case Briefs High Courts

Merely because arbitrator was appointed by Orissa HC is no ground for Ranchi Court to not have jurisdiction: Jharkhand HC sets aside order dismissing S.34 arbitration application

The intention of both the parties where to go for arbitration, is at Ranchi and the proceeding after permission of the High Court was also conducted at Ranchi and in the agreement, the seat is also said to be at Ranchi. Thus, Ranchi court is having jurisdiction.

Case Briefs High Courts

Despite acknowledging ECL’s violations, RBI failed to act; Delhi High Court upholds direction to RBI to intervene

It is an elementary principle that when a public authority is vested with specific powers, it is duty bound to act accordingly. Therefore, any failure to exercise statutory powers gives rise to a cause of action to secure performance of such duty by way of issuance of writ of mandamus under Article 226.

Case Briefs High Courts

‘Not a sexual predator but a young person involved in consensual relationship’; Bombay HC grants bail to 22-year-old man accused of raping his 16-year-old girlfriend

“Both the parties were of the age to have a reasonable understanding of the import of their conduct, and despite that, had engaged in the said act over a substantial period of time.”

Case Briefs High Courts

‘Legitimate personal account or homage’; P&H HC grants anticipatory bail to Manjinder Makha, author of book on Sidhu Moosewala’s murder

The book is a legitimate personal account or homage to Sidhu Moosewala, written by someone who knew him personally, and it is not a case of intellectual property theft.

Case Briefs High Courts

‘Abysmal that S.498-A IPC is used as tool to harass husband and his family members’; Delhi HC quashes FIR against husband and his family

Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry.

Case Briefs High Courts

Bombay HC grants bail to a 70-year-old man who alleged to have conspired for slitting girl’s throat as a human sacrifice

The witness stated that he has seen Applicant 2 at the incident spot, but the Court noted that his statement is recorded after three years.