High Courts Archives

Gauhati HC asks DGP Assam to issue directions to police stations to not register cases under S.106(2) BNS 2023 as provision has not come into force yet

If the police is registering cases under Section 106(2) of the Nyaya Sanhita, 2023, then the individual concerned is free to avail appropriate remedy available by approaching the competent court.

Case Briefs High Courts

Rivalry between parties can’t override prima facie evidence of overt acts captured on CCTV: Kerala High Court refuses to quash POCSO case

“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”

Case Briefs High Courts

Rajasthan High Court slams State for 16-yrs delay in completing AIIMS Jodhpur Trauma Centre; Mulls over imposition of ₹50 Crore cost

“Health is an essential prerequisite for human beings and plays a vital role in national development. The right to health is an essential right, without which one cannot exercise its basic human rights.”

Case Briefs High Courts

MP High Court orders status quo on Nawab of Bhopal’s Property declared as ‘Enemy Property’; directs Pataudi family to approach appellant authority

The controversy stems from the government’s declaration of the Nawab of Bhopal’s properties as enemy property as the Nawab’s elder daughter, Princess Abida Sultan, moved to Pakistan in 1950.

Case Briefs High Courts

Read why Kerala HC suspended MK Nasar’s life sentence in 2010 Prof. TJ Joseph’s hand-chopping case

“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”

Case Briefs High Courts

Chhattisgarh High Court allows 17-year-old minor rape victim suffering from sickle cell anaemia to terminate her 20 weeks pregnancy

It cannot be denied that continuation of pregnancy can lead to complication at a later stage on both, the victim’s physical, psychological and mental condition. Although, the victim is suffering from severe anaemia, but team of doctors opined that she may be physically fit after correction of anaemia.

Case Briefs High Courts

Bombay HC refuses to quash FIR against two people who allegedly slapped a Member of Parliament belonging to Scheduled Caste

There is sufficient material collected during investigation to indicate that the incident did take place and that slapping ‘G’ is an offence under Section 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Case Briefs High Courts

[THINKBOOK v THINBOOK ] Lenovo’s THINK family of marks declared distinctive; Madras HC directs removal of infringing ‘THINBOOK’ Mark

Lenovo has satisfied the requirements of Section 57 of the Trade Marks Act for cancelling RPD Workstations trade mark ‘THINBOOK’.

Case Briefs High Courts

Jharkhand HC directs to conduct monthly medical camps for elderly prisoners/inmates to provide necessary medical aid

The issues of the under-trial prisoners or inmates in judicial custody, are required to be medically examined, particularly, the old age inmates where the likelihood of the issue of Cataract, Diabetes, Blood Pressure and other old age ailments are likely to grief such inmates.

Case Briefs High Courts

Delhi High Court directs State to ensure safety and security of Amandeep Singh Batra after he received death threats

The Court expected the State to ensure adequate protection of the fundamental rights of Amandeep Singh Batra, including his right to life and liberty.

Case Briefs High Courts

‘Misogynistic, sexist, archaic’: Kerala HC quashes Family Court order denying custody to mother stating she is of loose morals, cites several flaws

“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”

Case Briefs High Courts

MTP Act | Rajasthan High Court directs registration of Suo Motu case to address Reproductive Rights Awareness & Legislative Reforms

“The willingness of a victim to do away with unwanted pregnancy which is outcome of she having been ravished/sexually assaulted/subjected to illicit intercourse is a relevant factor to guide her reproductive choice.”

Case Briefs High Courts

Delhi High Court quashes departmental proceedings against CRPF personnel while denying rejection of his request for voluntary retirement

The Court directed for the CRPF personnel to be considered as having proceeded on voluntary retirement w.e.f. 30-06-2021.

Case Briefs High Courts

Rajasthan High Court refers issue of shifting Rape/POCSO Act Convicts from Jail to Open Air Camp to Larger Bench

The Court asserted that Judicial discipline requires coordinate benches to follow earlier decisions or refer the matter to a larger bench if there is disagreement.

Case Briefs High Courts

‘Proxy litigation in India to satisfy personal spite cannot be allowed, when disputes are settled abroad’: P&H HC highlights disturbing trend in matrimonial disputes by foreign nationals

The Court stated that it is baffling that FIR propped up in India, especially considering that the wife has never pursued any criminal complaint against the petitioners in India or in Australia in eight years of marriage.

Case Briefs High Courts

Kerala High Court quashes domestic violence case filed by mother-in-law against parents of daughter-in-law for lack of domestic relationship

“When the proceedings under the DV Act are found to be an abuse of process of Court, in order to secure the ends of justice and to save the parties being put into a frivolous litigation, the High Court must exercise its power under Section 482 of CrPC or under Section 528 of BNSS, otherwise abuse of process of Court would not be addressed or prevented”.

Case Briefs High Courts

Gauhati High Court permits minor victim of Gang Rape to terminate 26-week pregnancy

Comparing the present situation with the risk that the victim may undergo at the time of delivery at full term of pregnancy, the risk factor appears to be same at the present stage as well as the risk that would be involved at the time of delivery at full term of pregnancy.

Case Briefs High Courts

‘Men have pride and dignity too’: Kerala HC grants bail to actor-director Balachandra Menon in 2007 sexual assault case

“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”

Case Briefs High Courts

Andhra Pradesh High Court grants anticipatory bail to Ram Gopal Varma in criminal defamation case for objectionable posts on ‘X’ (Twitter)

The Court directed that the petitioner shall cooperate with the investigation as and when required for the purpose of investigation.

Case Briefs High Courts

‘Union expected to be more careful while giving reasons to candidates for not being appointed’: Delhi High Court

‘Being careful while giving reasons to candidates for which they have not been appointed would help in avoiding such litigation which entails cost for candidates who may not be able to afford it.’