High Courts Archives

Return of ‘Stridhan’ must be decided within matrimonial proceedings, not via separate application under Section 27 HMA: Allahabad High Court

Allahabad High Court emphasied that the proceedings under Section 27 Hindu Marriage Act, 1955 cannot be treated as independent or standalone proceedings to result in a decree.

Case Briefs High Courts

Delhi High Court issues directives on hospital lapses mandating timely MTP in rape victim cases

This case serves as an important reminder that a victim of sexual assault carrying the burden of an unwanted pregnancy may need more sensitivity to deal with as in many cases, such victims are under deep distress unable to process their situation and life. Further, each day’s delay in such cases in conducting MTP puts the victim under enhanced potential danger to her life

Case Briefs High Courts

‘Now a mother of 25-days old child’; Bombay HC grants anticipatory bail to woman alleged to have assaulted and killed a biker

The applicant’s role, who was at the stage of 30 weeks’ of pregnancy, is of assaulting the deceased with fists and chappal.

Case Briefs High Courts

Delhi HC grants interim protection to Sadhguru’s personality rights; restrains misuse of his rights through AI

The Court observed that many accounts on YouTube channels and Meta’s social media platforms are using modern day technology to modify the voice, image, likeness etc. of Sadhguru to garner more views and subscribers to piggyback on his name and reputation.

Case Briefs High Courts

Victim attaining majority during trial not entitled to “Child-Specific” safeguards under Section 33(2) of POCSO Act: Rajasthan High Court

“The law… does not permit a retrospective resurrection of childhood once the individual steps into legal adulthood; and to permit otherwise would be to dilute the doctrinal rigour of age-based legal classifications and introduce subjectivity into a domain that demands exactitude.”

Case Briefs High Courts

Chief Executive Officer, Zila Panchayat, can withdraw Financial Powers of Sarpanch facing corruption charges: MP High Court

“It is the duty of Chief Executive Officer to ensure that no loss of money or property of Panchayat is caused…”

Case Briefs High Courts

Delhi High Court refuses to stay CBI proceedings against Lalu Prasad Yadav in the Land-for-Job corruption case

The present FIR was lodged in the year 2022, almost after a delay of 14 years, whereas CBI has already conducted the investigation from 2009 to 2014 for the same offences by registering PE & RC during this period.

Case Briefs High Courts

Himachal Pradesh HC intervenes in dispute between State and OASYS Cybernetics; Appoints arbitrator on violation of S. 12(5) of A&C Act

The adjudication by an arbitrator should be such that neither of the parties would get even an iota of doubt with regard to impartiality of the arbitrator.

Case Briefs High Courts

Bombay HC declares Anchor Group of Company’s director, Hemang Jadavji Shah’s arrest as illegal and unnecessary; orders immediate release

The Court agreed with Hemang Jadavji Shah’s contention that the intention to keep him in custody was to recover the amount that was sought to be settled in the mediation between the petitioner and his family members.

Case Briefs High Courts

Delhi HC grants bail to film director falsely accused of rape; highlights trend of lodging false complaints of sexual offences

“Every false complaint of sexual offences not just causes immense damage to the person accused of the offence, but also creates cynicism and distrust across the society, which leads to even the genuine victims of sexual offences suffer, as society starts suspecting her truthful complaint also to be false.”

Case Briefs High Courts

Kerala HC awards Rs. 53 Lakhs to woman rendered disabled in 19-year-old childhood road accident case; says “human suffering can’t be measured in money”

“The appellant was a first standard student at the time of the accident. Due to the injuries sustained, she was unable to continue her education. As a result, she was deprived of the opportunity to experience the normal joys of childhood, adolescence, and youth. In fact, she remained confined to a small room, completely dependent on others, through no fault of her own.”

Case Briefs High Courts

‘Attempt to disrupt communal harmony and reinstate Mughal Order’; MP High Court denies bail under UAPA

“It is for the trial Court to decide it on the basis of the evidence as to what is the material available to prove or otherwise the charges which have been framed.”

Case Briefs High Courts

‘Elites look down upon those doing small business’; Punjab & Haryana HC rejects plea against street vendors in Manimajra markets, imposes Rs 50,000 cost

“We are a country that now has a homogenous class of Indians. A Tribal lady of a remote village can now be the President, and a worker from the grassroots level may reach up to the highest echelons of the administration.”

Case Briefs High Courts

Meghalaya HC allows law student to take final semester exam barred due to short attendance; Recognizes medical hardship as exceptional circumstance

Rule 12 of the Rules of Legal Education, 2008 is to be interpreted reasonably. When it is possible for the student to attend classes and he deliberately or negligently does not do so, the rule would apply. In case of impossibility created by illness, act of God etc., this rule is either not to be applied or to be liberally construed.

Case Briefs High Courts

Forced Unnatural Sex not punishable under S. 377 IPC, but attracts S. 498-A if coupled with cruelty/assault: MP High Court

Cruelty under Section 498-A IPC does not necessarily require proof of dowry demands; physical or mental cruelty alone is sufficient.

Case Briefs High Courts

Delhi High Court directs Centre and Delhi Govt to frame SOP for digital transparency in Labour Law Forums

PIL raised concerns about regular uploading, updating of the proceedings, information relating to video conferencing links, uploading of daily orders, cause lists, and information relating to the Presiding Officers of various forums under various labour laws who are on leave, on their respective official website or on the website of the government.

Case Briefs High Courts

Duration of confusion in customer’s mind not material, even momentary confusion sufficient to establish trade mark infringement: Delhi HC

“The fact that the customer may on a closer examination of products and enquiries find that the impugned trade marks are not associated with the appellant’s trade marks would not take away from the fact that the impugned marks bear a similarity with the appellants trade mark, which led to the confusion.”

Case Briefs High Courts

Operation Sindoor| Read why Bombay HC ordered release of student, who was taken into custody for her alleged Instagram post on India-Pakistan war

At the most, the petitioner’s act of sharing the post can be termed as an indiscretion by a young student still taking education, but still the Sinhagad Academy of Engineering rusticated her.

Case Briefs High Courts

[Online Trolling] Andhra Pradesh High Court directs State to identify and block swear, militant words on social media

“In the present day, vulgar, hate filled and abusive posts in social media have become the new age norm. The “trolls” as they are called, attract lightning responses all over and this is all the when the point of reference is a celebrity or a political leader of stature and the following.”

Case Briefs High Courts

Allahabad High Court expresses surprise at illegal constructions by Waqf Madarsa on NHAI land; Upholds demolition notices issued by NHAI

“It is a classic case where the land of NHAI has been encroached upon by the petitioner and Madarsa along with Masjid and certain other constructions have been raised and the property is being claimed to be a ‘waqf’.”