High Courts Archives

‘Child abuser in eventuality of false implication suffer social stigma’: Delhi HC acquits a man convicted of sexually assaulting a twelve-year-old child

“The quarrel at the time of incident and matrimonial differences provides a strong motive for falsely implicating the appellant subsequently.”

Case Briefs High Courts

Courts will do well in not ordering concurrent running of sentences for serial offenders accused of heinous crimes: Punjab and Haryana High Court

“A sentencing policy which is unusually mild and sympathetic in its operation would have a disastrous effect on society and would do more harm than good to public confidence in the efficacy of law.”

Case Briefs High Courts

Madhya Pradesh High Court affirms decision to close ‘Scrap Sleepers Lifting’ contract and forfeiture of deposited money

Madhya Pradesh High Court rejected the petitioner’s argument for voiding the contract under Section 56 of the Contract Act, 1872, and found the failure to lift scrap was attributable to the petitioner.

Case Briefs High Courts

‘Take steps to inculcate discipline in Advocates’; Telangana HC directs State Bar Council after advocate uses high-pitched, intimidating voice

The counsels who adopt such practices, jeopardize the harmony with the Bench along with their professional careers, by ignoring the fact that they are not only required to conduct the case in a fair manner, but while doing so they are also officers of the Court.

Case Briefs High Courts

‘Shocking and Astounding order’; Bombay HC quashes CGIT’s order reinstating employee who slapped supervisor

The Court found it shocking that the CGIT did not find the act of an employee slapping his supervisor without provocation to be serious, and such misconduct ought to be visited with penalty of termination.

Case Briefs High Courts

Telangana HC directs fresh exam, both in English and Telegu languages to recruit teachers for Residential Educational Institutions Societies

The Notification No. 6/2023 dated 5-4-2023, issued by Telangana Residential Educational Institutions Recruitment Board, inviting applications for the post of Art Teacher categorically mentioned at Para (1)(v) that the question paper is bilingual i.e., English and Telugu.

Case Briefs High Courts

Calcutta High Court dismisses application due to non-existence of arbitration clause in subcontractor’s work order

‘A reference to the document in the contract should be such that shows the intention to incorporate the arbitration clause contained in the document into the contract’

Case Briefs High Courts

Rajasthan High Court calls for sensitization of Police and Judicial Officers to ensure protection of sexual offense victims’ identity

Rajasthan High Court criticised the Investigating Officer and Judicial Magistrate, who failed to follow the mandatory provisions contained under Sections 24(5) and 33(7) of POCSO Act and Section 228-A of the IPC.

Case Briefs High Courts

[POCSO Act] Charge of penetrative sexual assault can be made on some degree of insertion; non-tear of hymen of no consequence: Gauhati HC remands matter back to Trial Court

The version of the informant/victim must be considered with utmost care before discerning it. In fact, if the version of the informant/victim inspires confidence and appears to be trustworthy, credible, unblemished and of sterling quality, no further corroboration is required.

Case Briefs High Courts

Right to sleep is a basic human right and non-providing of the same may impair a person’s mental faculties, cognitive skills; Bombay HC directs ED to issue circular against recording statement at night

Recording statements at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual.

Case Briefs High Courts

Delhi HC directs removal of defamatory X posts/tweets against Senior Advocate Gaurav Bhatia; videos in public domain to be made private

The press and the Media had a duty to report the incident for the benefit of the public, but there is also a corresponding duty to remain truthful to the incident. The deepfake videos showing plaintiff being beaten up are nothing but an over-sensationalisation and depiction of facts which are patently false.

Case Briefs High Courts

Kerala HC directs Union to immediately address violations of broadcasting advisories in telecasting Malayalam Bigg Boss Season 6

Kerala High Court also directed Union to instruct Mohanlal, Endemol Shine India, Asianet and Disney Star to desist from telecasting such show in the electronic media.

Case Briefs High Courts

Kerala HC directs State to formulate guidelines in tune with Kerala Education Rules about the importance of playground in schools

“A playground in a school is a part and parcel of the school. Without a playground, there cannot be a school. The education of the children is not in the classroom alone; it should spread to the playground as well. Playgrounds are the ultimate classroom where children learn through play. The playground is where the children can themselves shine mentally and physically”

Case Briefs High Courts

Delhi High Court dismisses plea challenging dissolution of Maulana Azad Education Foundation

It cannot be said that the interest of the minority communities in their educational and welfare development is being hampered in any manner on account of the dissolution of the Maulana Azad Education Foundation.

Case Briefs High Courts

Delhi High Court refers dispute to Arbitration after finding service by email and WhatsApp sufficient

“The notice invoking arbitration sent to the same address was reported to have been delivered, but in the Speed Post report, by which the petition was sent to the address, it is stated that no such person is available at the address.”

Case Briefs High Courts

Inside Madras HC verdict declaring CBDT Circular giving differential treatment to new trust having provisional approval u/s. 80G as unconstitutional

Madras High Court said that irrespective of whether petitioner trust have or do not have any vested right to claim the extension, the classification done by CBDT through the Circular have no reasoning for leaving out the regular registration of newly provisionally registered trust under Section 80G of the Act in respect of new trusts.

Case Briefs High Courts

Assessing Officer to record dissatisfaction with correctness of claim of Assessee in respect of expenditure with cogent reasons: Bombay HC

Bombay High Court dismissed an appeal of Income Tax Commissioner to disallow expenditure amounting to 94 Crore u/s 14A of the Income Tax Act, 1961.

Case Briefs High Courts

Right to be identified by one’s name is fundamental to one’s identity as an individual: Delhi High Court

The Delhi High Court said that it cannot be hyper technical in such matters and start rejecting the prayer for correction of name merely because of a slight difference in spelling between “Shrivastav” and “Shrivastava”, and “Surendar” and “Surendra”.

Case Briefs High Courts

‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC

“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”

Case Briefs High Courts

Delhi HC disposes of petition seeking directions to ensure personal data collected by foreign travel companies is kept confidential; grants liberty to approach UOI

Petitioner submitted that at least three major foreign travel companies, which are running their operations in India, are partially or fully owned by foreign investors, leading to concerns regarding potential misuse of citizens’ data.