High Courts Archives

Delhi High Court rejects Air Force officer’s plea to quash domestic violence case filed by wife

Even if the contention of the petitioner is accepted that there was no domestic violence, then too her right to claim residence is still maintainable.

Case Briefs High Courts

Reformative approach be taken while evaluating past youthful indiscretions of candidates seeking government employment: Rajasthan High Court

The Court called for a mechanism to be devised in juvenile justice system by expungement of records for minor offenses committed by youth so as enable their easier rehabilitation and also prevent youthful mistakes from becoming lifelong barriers to personal and professional growth.

Case Briefs High Courts

Maintainability of proceedings under S. 148A(b) of Income Tax Act post-enforcement of Finance (No. 2) Act, 2024: Read Allahabad HC’s ruling

The Finance Act No. 02 of 2024, which came into effect on 01-09-2024, brought about significant amendments to the Income Tax Act. Among the key changes are revisions to Sections 148 and 148A, which pertain to the provisions for assessment and reassessment of income. In addition, Section 152 has been amended to introduce two new sub-sections.

Case Briefs High Courts

Instigation, or common intention cannot be mere basis to prove cruelty under S.498-A IPC: Bombay HC

The allegations submitted by Respondent 2 cannot amount to cruelty under Section 498-A of Penal Code, 1860 as each person shall act in his own way and the said act independently shall amount to cruelty.

Case Briefs High Courts

‘It is an administrative decision to be taken by the Kolkata Metro Rail’; Calcutta High Court dismisses PIL seeking additional Kolkata Metro Services on Blue Line

A PIL was filed seeking a direction upon the railway administration to introduce at least four additional metro services between 9:40 p.m. and 10:40 p.m. on the Blue Line of Kolkata Metro Railway, covering the route from Dakshineshwar to Kavi Subhas Stations.

Case Briefs High Courts

Gujarat HC stays order allowing law graduates from allegedly unrecognized institutes to participate in the Civil Judge recruitment process

None of the graduates can point out that under which provisions of law, they can be allowed to appear in the recruitment process. Neither they are eligible as per the requirement of Rule 7(2)(b) of the Gujarat State Judicial Service Rule, 2005 nor they have been able to satisfy that they are holding the Provisional Certificate issued by the authorities.

Case Briefs High Courts

Delhi HC directs to conclude trial of acid attack accused in a month; Issues directions for compliance of higher courts’ order to conclude trials in time bound manner

It is unfortunate that despite directions from Supreme Court and this Court, the trial has not yet concluded. This was unacceptable, considering that such directions were passed while disposing of the bail application, and the accused is in judicial custody for over 10 years. Such prolonged delay in compliance with judicial directions defeats the very purpose of directing expeditious trial.

Case Briefs High Courts

‘Nothing substantial in trial, matter adjourned almost 78 times’; Gujarat HC grants bail to accused in NDPS case

“Bleak hope of any speedy trial in the matter.”

Case Briefs High Courts

‘Students should not be barred from carrying smartphones’; Delhi High Court issues guiding principles for the use of smartphones in schools

The factual matrix in this case presented a situation in which a minor student was visited with certain consequences by reason of misusing a smartphone while in school.

Case Briefs High Courts

Bombay HC stays order directing registration of FIR against former SEBI Chairperson Madhabi Puri Buch and other SEBI, BSE officials

The special court passed the order on the complaint filed by Sapan Shrivastava, a media reporter, seeking investigation into the alleged offences committed by the accused persons, involving large scale financial fraud, regulatory violations, and corruption.

Case Briefs High Courts

Punjab and Haryana HC stays license cancellation of street vendors; directs them to file appeal against dislocation to remote areas

“Since the show cause notice to the vendors merged into the final order of the Town Vending Committee, they had the remedy to file a statutory appeal against it.”

Case Briefs High Courts

‘Real women empowerment begins with right to live and move freely without fear’; Delhi HC upholds conviction of a man accused of harassment in public space

Public transport, which is meant to ensure mobility and independence, instead became a site of fear and vulnerability for the victim, and any undue leniency to an accused caught at the spot, may embolden any future for perpetrators.

Case Briefs High Courts

Electricity Act | Jurisdiction to impose civil liabilities for electricity theft lies with Special Court, not Administrative Authorities: MP High Court

“Section 154(5) of the Electricity Act, 2003 gives exclusive jurisdiction to the Special Court to determine civil liability in electricity theft cases.”

Case Briefs High Courts

Prima facie findings in bail orders not binding on Trial Court or Investigating officer: Kerala High Court

Kerala High Court said that when a question of law or a point on merit is raised by the accused in a bail application, it is the duty of the bail court to decide that point. But that decision will be a prima facie finding at the bail application stage.

Case Briefs High Courts

S. 85 of Waqf Act | Waqf Tribunal has exclusive jurisdiction over disputes once a property qualifies as ‘Waqf by user’: Rajasthan High Court

“It is not disputed that Masjid is a place used for religious purpose for praying Namaz etc., therefore, it comes within the definition of ‘Waqf’.”

Case Briefs High Courts

Delhi HC slams indiscriminate freezing of bank accounts; Calls for policy reform in cyber-crime investigations

The possibility of marking a lien on disputed amount, whenever it is identifiable, should be explored as a more appropriate interim measure. Ideally, it should be the first and foremost option.

Case Briefs High Courts

‘Mere admission of signatures on paper not admission of Will’; Punjab & Haryana HC rejects probate plea of man whose attesting witness was found untrustworthy

“Attesting witness must satisfy judicial conscience that he saw testator signing the Will being aware of its contents. Attesting witness needs to be trustworthy and truthful.”

Case Briefs High Courts

‘Writ Petitions can’t be filed by raising mutually destructive pleas without any sense of responsibility’; Bombay HC dismisses speculative plea against land acquisition after 77 years

“Delay, laches, and disputed questions of fact are all matters that cannot be ignored when it comes to exercising discretionary jurisdiction under Article 226 of the Constitution.”

Case Briefs High Courts

‘Deliberate attempt to misled and confuse consumers’; Delhi HC awards costs and damages of Rs. 20 lakhs to Castrol Ltd in trade mark dispute

Upon careful comparison of the plaintiff’s trade dress and that of the defendants, it became apparent that the overall colour scheme, get-up and layout of the defendants’ impugned packaging is nearly identical to that of the plaintiff’s trade dress.

Case Briefs High Courts

‘Issue involves mixed question of law and fact’; Bombay HC dismisses family’s plea to transfer RBI bonds of a Jain man who took sanyas

The petitioners have other efficacious and appropriate remedy before appropriate forum/Court to adjudicate the disputed claims.