High Courts Archives

Non-disclosure about cerebral palsy by wife’s family, entitles husband to annul marriage: Bombay High Court

Dismissal of the divorce petition by the Family Court on the grounds that the wife did not become violent and cerebral palsy only restricted body movements and was not a mental disorder, was acutely incorrect.

Case Briefs High Courts

‘Such apathetic approach is antithesis to rule of law’: Punjab and Haryana HC imposes Rs 1 Lakh cost on State for 15 years’ delay in presenting final report in criminal case

“The FIR in question was registered in 2007, but the cancellation report was prepared in 2007/2009 but the same has not been presented till the intervention of this Court.”

Case Briefs High Courts

Inside Karnataka High Court’s order inferring biological father’s consent for adoption from his refusal to take a definite stand

‘The biological father failed to come forward to extend justifiable reasons to deny the benefit of adoption not just to the petitioner but also to the minor whose interest must be paramount.’

man carrying only Punjab licensed weapon into Chandigarh

Case Briefs High Courts

Punjab and Haryana HC acquits man, who being asleep while travelling, carried only Punjab licensed weapon into Chandigarh

“At the most, the accused committed a technical violation of the Arms Act, 1959, by remaining asleep on the bus while carrying a weapon with him, because it travelled beyond the territorial limits of Punjab of which he had valid license.”

Case Briefs High Courts

Delhi HC orders investigation against IO who verbally abused and misbehaved with accused and his counsel outside Court premises

“He cannot turn his Khaki to the level of such arrogance that not only he misbehaved with the officers of this Court who are doing the honourable duty of assisting the Court in discharge of justice, but also threatened them with dire consequences merely because he thinks he is above law.”

Case Briefs High Courts

Rajasthan High Court orders constitution of SITs to probe into dummy school menace

“The menace of dummy schools is a blight on India’s education system, undermining the principles of holistic learning and academic integrity.”

Case Briefs High Courts

Allahabad High Court ruling that prompted UP Govt. banning caste mentions in police records, public signs, vehicles, etc

“India has resolved to become a developed nation by 2047, marking the centenary of its Independence. To truly realize this vision, it is imperative that we eradicate the deeply entrenched caste system from our society.”

Case Briefs High Courts

Refusal to allow brother’s widow to reside in shared household constitutes Domestic violence: Bombay HC

“The wording itself “has lived together at any point of time”, covers even the past cohabitation or past togetherness between the aggrieved person and the respondent.”

Case Briefs High Courts

Read why Punjab and Haryana High Court dismissed BJP MLA Devender Attri’s plea to reject election petition against him

“There was a massive delay in the disposal of the election petition, because of which the petitioner thought it appropriate to confine his arguments only to the recounting of votes in terms of the amended petition.”

Case Briefs High Courts

‘No exclusivity between Dreamfolks and its clients’: Delhi HC declines to pass restraining order against Encalm in airport lounge case

“Nothing has been placed on record by Dreamfolks to show that the said entities/ banks are its exclusive clients and that they have not entered similar agreements with other service providers like Dreamfolks.”

minor son kidney transplant without consent

Case Briefs High Courts

Madras HC orders Medical College to provide treatment for kidney transplant to a minor boy without insisting on father’s consent

The petitioner contended that insistence for getting the consent of the petitioner’s husband is arbitrary, unreasonable and violative of the minor child’s right to life guaranteed under Article 21 of the Constitution.

Case Briefs High Courts

‘S. 59 of Maharashtra Police Act is heart and soul of externment proceedings’: Bombay HC quashes order passed without hearing

“When question of fundamental right guaranteed under Article 19 of the Constitution of India is involved, it is the duty of all officers concerned, to be sensitive before passing of the externment order.”

Case Briefs High Courts

‘No social media for 3 years’: Rajasthan High Court’s bail condition for 19-year-old accused of circulating obscene content

“If the accused indulged in any of the act to cause any harm to victim or her family, this order will be recalled immediately.”

Case Briefs High Courts

Bombay High Court orders release of detenue held without evidence; Takes note of judicial and investigative failures under S. 189 BNSS

“It is a sorry state of affairs because inspite of there being no evidence against the detenue and without any Order of Remand, the detenue is in custody, illegally.”

Sub-tenant bound by eviction order against tenant

Case Briefs High Courts

Eviction order against tenant binds sub-tenant if he fails to establish his tenancy directly under landlord’s predecessor-in-interest: Himachal Pradesh HC

“The sub-tenant was not a necessary party to an eviction petition on the ground of sub-letting, but since in the instant case the landlord herself had impleaded sub-tenant as a party, it could not be said that the sub-tenant was not the aggrieved party.”

Case Briefs High Courts

“Unbecoming of a member of the Bar”; Bombay HC denies anticipatory bail to Advocate couple in share trading scam with unrealistic 10-15% monthly profit claims

“The very fact that an advocate has issued a notice admitting payment of more than Rs 26 lakhs for liaisoning with revenue authorities indicates conduct which is prima facie unbecoming of a member of the Bar.”

Case Briefs High Courts

‘SDM couldn’t have initiated preventive proceedings in private dispute’; Himachal Pradesh HC quashes summoning notice under S. 111 CrPC

“In the notice issued by the SDM under Section 111 CrPC, he did not specify the substance of the information, the amount of the bond, the number of sureties or the period for which the bond was to remain in force.”

Case Briefs High Courts

Delhi High Court protects Karan Johar’s Personality Rights; grants interim injunction

“Given the commercial value of these publicity rights, a celebrity is entitled to safeguard his interest against any misuse of the personality attributes which includes his name, image, voice and likeness.”

Case Briefs High Courts

Section 179(1) BNSS does not empower police with unlimited jurisdiction; notice cannot be issued beyond own or adjoining station: Andhra Pradesh HC

Irrespective of petitioner’s age, gender, acute ill-health, the fact remains that, the Police Officer making an investigation cannot issue notice under Section 179(1) of BNSS to the petitioner, who is residing at Noida. However, it does not preclude the said officer to examine such person by approaching him.

arbitrary travel obstruction of protestors

Case Briefs High Courts

Prior permission for protest necessary; authorities cannot obstruct travel arbitrarily when protestor held valid tickets: Madras High Court

“The law requires prior permission before conducting demonstrations, and when such permission is granted, conditions must be respected.”