High Courts Archives

“Merely passing lengthy orders, only to fill up the pages, will not mean an order on application of mind”: Karnataka High Court

“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”

Case Briefs High Courts

MP High Court takes Suo Moto action on compliance, awareness and monitoring of POCSO Act provisions

“In most of the cases, we found that the age of the victim/child/girl is between 16 to 18 years and the age of the offender is 19 to 22 years. In our opinion, this is a serious issue and threat to the future of the youth of the country.”

Case Briefs High Courts

Gujarat HC comes to rescue of candidate who was denied selection for constable due to tattoo removal scar

The candidate had removed his tattoo before the recruitment process, hence, the Court stated- “Whether the scar would last on the body or not is something which would not be under the control of the petitioner [candidate].”

Case Briefs High Courts

[FEMA] Delhi High Court quashes ED’s NOC rejection for Times Internet Limited and Bennett Coleman overseas investments

The impugned communications do not disclose any substantive reason for rejecting the NOC. A rejection of such import, devoid of any rationale or justification, is arbitrary and falls afoul of the principles of natural justice.

Case Briefs High Courts

Delhi High Court grants interim protection to Moti Mahal; temporarily restrains its ex-franchisee from using Moti Mahal’s registered trade marks

Plaintiffs submitted that being the ex-franchisee, Defendant 1 was clearly aware of the ownership and notoriety of the ‘MOTI MAHAL’, ‘MOTI MAHAL DELUX TANDOORI TRAIL’, ‘TANDOORI TRAIL’ and their formative marks as well as the goodwill and reputation enjoyed by the plaintiffs related to the said trade marks.

Case Briefs High Courts

‘No law prevents them to lead a life of their own choice’; Bombay HC permits live in relationship of two adults belonging to different religions

The girl’s freedom was secured by directing her release from the custody of Shaskriya Stree Bhishekari Khikar Kendra but the relief of providing police protection was declined by the Court.

Case Briefs High Courts

‘Frivolous application filed for delaying disposal’: Kerala HC rejects actor Sunil’s plea to recall two expert witnesses for cross examination in 2017 actor assault case

“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”

Case Briefs High Courts

Delhi High Court quashes compulsory retirement of Class IV employee of Khalsa Girls School due to procedural lapses and violation of natural justice

Even though in a departmental inquiry, the standard of proof is preponderance of probability, the onus to establish the charges is on the department through the Presenting Officer and once the evidence is led, the IO is required to look into the evidence of the prosecution and the defence and come to a finding, after analysis and deliberations.

Case Briefs High Courts

Read why Allahabad HC granted anticipatory bail to wife’s uncle in Atul Subhash suicide case

“There is no doubt that the right to liberty is enshrined in Part-III of the Constitution of India and such rights cannot be impinged except by following procedure established by law.”

Case Briefs High Courts

Is a government servant entitled to full pay and allowances during suspension until the conclusion of disciplinary proceedings? Kerala HC answers

“Merely because the disciplinary authority has the power to order suspension, does not lead to the situation that he should be kept under suspension till the disciplinary proceedings are concluded.”

Case Briefs High Courts

‘No law fixes responsibility on officers to verify age of arrestees’: Kerala HC issues directions to prevent mistaken trial of juveniles as adults

“It is most unfortunate that the convicts had to undergo incarceration in prison for a period of about 14 years due to the failure of the authorities concerned to take note of the fact that they were juveniles at the time of the commission of the crime.”

Case Briefs High Courts

Gauhati HC asks DGP Assam to issue directions to police stations to not register cases under S.106(2) BNS 2023 as provision has not come into force yet

If the police is registering cases under Section 106(2) of the Nyaya Sanhita, 2023, then the individual concerned is free to avail appropriate remedy available by approaching the competent court.

Case Briefs High Courts

Rivalry between parties can’t override prima facie evidence of overt acts captured on CCTV: Kerala High Court refuses to quash POCSO case

“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”

Case Briefs High Courts

Rajasthan High Court slams State for 16-yrs delay in completing AIIMS Jodhpur Trauma Centre; Mulls over imposition of ₹50 Crore cost

“Health is an essential prerequisite for human beings and plays a vital role in national development. The right to health is an essential right, without which one cannot exercise its basic human rights.”

Case Briefs High Courts

MP High Court orders status quo on Nawab of Bhopal’s Property declared as ‘Enemy Property’; directs Pataudi family to approach appellant authority

The controversy stems from the government’s declaration of the Nawab of Bhopal’s properties as enemy property as the Nawab’s elder daughter, Princess Abida Sultan, moved to Pakistan in 1950.

Case Briefs High Courts

Read why Kerala HC suspended MK Nasar’s life sentence in 2010 Prof. TJ Joseph’s hand-chopping case

“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”

Case Briefs High Courts

Chhattisgarh High Court allows 17-year-old minor rape victim suffering from sickle cell anaemia to terminate her 20 weeks pregnancy

It cannot be denied that continuation of pregnancy can lead to complication at a later stage on both, the victim’s physical, psychological and mental condition. Although, the victim is suffering from severe anaemia, but team of doctors opined that she may be physically fit after correction of anaemia.

Case Briefs High Courts

Bombay HC refuses to quash FIR against two people who allegedly slapped a Member of Parliament belonging to Scheduled Caste

There is sufficient material collected during investigation to indicate that the incident did take place and that slapping ‘G’ is an offence under Section 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Case Briefs High Courts

[THINKBOOK v THINBOOK ] Lenovo’s THINK family of marks declared distinctive; Madras HC directs removal of infringing ‘THINBOOK’ Mark

Lenovo has satisfied the requirements of Section 57 of the Trade Marks Act for cancelling RPD Workstations trade mark ‘THINBOOK’.

Case Briefs High Courts

Jharkhand HC directs to conduct monthly medical camps for elderly prisoners/inmates to provide necessary medical aid

The issues of the under-trial prisoners or inmates in judicial custody, are required to be medically examined, particularly, the old age inmates where the likelihood of the issue of Cataract, Diabetes, Blood Pressure and other old age ailments are likely to grief such inmates.