High Courts

revision petition maintainable despite accused not in custody
Case BriefsHigh Courts

“Imposing fetter on maintainability of revision petition will be to restrict a right which is conferred by legislature. However, accused shall show tangible cause for not being present before Appellate Court concerned to receive his judgment and resultantly not being in custody at the time of filing/hearing of his revision petition.”

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bail to young mother of a 5-year-old
Case BriefsHigh Courts

“The petitioner is grievously bereft of the invaluable opportunity to fulfill her natural and fundamental role as a mother the nurturing, upbringing, and intimate bonding with her child.”

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stray animal menace on public roads
Case BriefsHigh Courts

“The Municipal bodies shall also undertake a special drive to remove stray dogs and other animals from city roads while ensuring that minimum physical harm is caused to them.”

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accidently granted bail
Case BriefsHigh Courts

The Court had granted bail to the accused whose bail had to be denied due to a typographical error.

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BSF appointment restored over hearing opportunity
Case BriefsHigh Courts

“The cancellation of the Domicile Certificate would have civil and evil consequences, as such a right of hearing was mandatorily required to be provided to the aspirant, which admittedly has not been provided.”

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kidney donation to husband's friend
Case BriefsHigh Courts

“As petitioner 1 and the husband of petitioner 2 have been working together, there is sufficient chance that their families are in friendship. Whether the families are interacting even now physically, is no ground to disbelieve the element of altruism.”

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Ideal Hindu Wife
Case BriefsHigh Courts

“She did not use her sufferings for gain of sympathy, instead she channelled it inward, reflecting the Hindu ideal of the woman as Shakti – not weak, but submissive and powerful in her endurance and grace.”

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Chhattisgarh HC on poor conditions of AIIMS Raipur
Case BriefsHigh Courts

“It raises a serious question on the functioning of the Health Department of the State as well as the Chhattisgarh Medical Services Corporation.”

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reasonable period under Maharashtra Stamp Act
Case BriefsHigh Courts

The Court emphasised that it is settled position in revenue laws that the proceedings have to be concluded within certain time frame and same cannot be kept pending for long which would lead to uncertainty which is contrary to the canons of any fiscal legislation.

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ex-MLA opened fires in police station
Case BriefsHigh Courts

The Court emphasised that the manner of the commission of offence, its location and the post-incident conduct of the accused raised serious concerns regarding possibility of obstruction of justice if the bail is granted to the applicant.

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maintenance charges proportional to flat size
Case BriefsHigh Courts

The Court specified that just because members of condominium had passed a resolution of equal maintenance does not mean that they are estopped from application of the provisions of the Maharashtra Apartment Ownership Act, 1970.

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transgender & intersex persons horizontal reservation
Case BriefsHigh Courts

“It must be kept in mind that the policy is not meant to satisfy the requirements from the perspective of a cisgender or a heterosexual and it must always be addressed from the perspective of those persons who fall within the ambit of LGBTQIA community.”

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parole denied for wife's pregnancy care
Case BriefsHigh Courts

“While granting emergency leave by invoking its extraordinary jurisdiction, the Court will always keep in mind the interests of the victims and their relatives as well. Their kith and kin might have been murdered after inflicting fatal injuries.”

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Rajasthan High Court bats for amendments to citizenship laws for children born abroad to Indian parents; extends Australian minor’s Visa
Case BriefsHigh Courts

‘The petitioner being a 5-year-old minor cannot be compelled to be deported to Australia. The right against such deportation is protected under Article 21 of the Constitution.’

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Anaj Mandi fire case
Case BriefsHigh Courts

The central test to be applied while framing a charge is whether there exists sufficient material on record which, if unrebutted and accepted at face value, gives rise to a strong suspicion that the petitioner-accused has committed the offence in question.

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Indore-Dewas Highway Jam
Case BriefsHigh Courts

“The photographs show that they are now constructing/ upgrading side lanes/diversions on both sides of the flyover at Arjun Barodia. In fact, as per the agreement and the norms of Road Congress guidelines, the service road ought to have been constructed before starting the construction work of the bridge/flyovers/subways, etc.”

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Scheduled Tribe Daughter Succession Rights
Case BriefsHigh Courts

“A comprehensive reading of Articles 14, 15, 16 and 21 of the Constitution of India clearly indicates that no laws can be created or enforced so as to cause discrimination against women.”

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INDmoney trade mark infringement
Case BriefsHigh Courts

“The actions of defendant 1 are misleading unsuspecting customers, resulting in them sharing their confidential information and spending their hard-earned money on these infringing platforms. It is evident that defendant 1 are trying to create the impression that their websites, Social Media Groups, are associated with INDmoney”

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School Children Fed Dog-Licked Food
Case BriefsHigh Courts

“Providing food to the school students is not an empty formality, and the same has to be done with dignity. A person, especially an innocent child, cannot be served any food that has been licked/soiled by a dog.”

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Copyright infringement case against Dream Girl 2
Case BriefsHigh Courts

“The applicant was seeking monopoly over matters in which ex-facie no copyright subsisted to begin with, like common themes, ideas, unoriginal/stocks/scenes-a-faire matters, and other aspects directly flowing from such elements.”

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