High Courts Archives

Doctrine “Falsus in uno, falsus in omnibus” doesn’t apply in India; Courts must separate reliable evidence from exaggerations: J&K High Court

“It is the duty of the Court to remove the chaff from the grain in its pursuit for truth. It is not open to the trial Court to throw out the entire prosecution evidence just because it was contradictory on certain aspects of the case.”

Case Briefs High Courts

‘Person wanting to do liquor trade have to accept conditions as framed by State’; P&H HC dismisses petition to quash prohibition of operation of bars/pubs beyond midnight in Haryana

“Excess drinking and indulging in night life in Indian society is still a social taboo. While we may not be understood to discourage night clubs, but the policy makers ought to take into consideration the Indian culture and consider that the percentage of literacy and mature understanding and repercussions of excessive drinking is yet a far-reaching goal.”

Case Briefs High Courts

Delhi High Court sets aside detention order on woman’s personal gold jewellery, Exempts ‘personal effects’ from customs duty

Personal jewellery which is not found to have been acquired on an overseas trip and was always a used personal effect of the passenger would not be subject to the monetary prescriptions incorporated in Rules 3 and 4 of Baggage Rules, 2016.

Case Briefs High Courts

‘Statements in charge-sheet, too far-fetched and fall short of any instigation/incitement’; Bombay HC sets aside abetment to suicide case against a Judicial Officer

To attract the offence under Section 306¹ of the Penal Code, 1860, clear mens rea to commit the offence must be established on applicant-accused’s part, as it requires active/direct act, leading the deceased to commit suicide.

Case Briefs High Courts

Calcutta High Court upholds maintenance for wife and daughter; Rejects claims challenging legal marriage despite pending appeal

It is the obligation and bounded duty of the husband to maintain his wife and children, if he has sufficient means and neglects or refuses to maintain them in case wife is unable to maintain herself and her child.

Case Briefs High Courts

‘Police personnel strangulating pregnant wife not exceptionally brutal/violent’; Bombay HC holds husband eligible for remission

No separate category is carved out as an exception to the normal Rules of remission provided under Section 432 ¹ of the Criminal Procedure Code, 1973 for a Police personnel committing heinous crime of murdering his pregnant wife.

Case Briefs High Courts

Does the right to default bail accrues upon the expiry of the statutory period if an investigation extension application is pending? Madras HC answers

“It is needless to say that the decision in the bail application would be dependent on the decision in the extension application”

Case Briefs High Courts

Delhi HC protects personality rights of renowned cardiac surgeon Dr Devi Shetty; temporarily restrains infringement of Narayana Health trade marks

It is submitted that Plaintiff 1 is a ‘celebrity’ and has a valid and enforceable personality right. He satisfies the dual test of personality rights, viz. having a valid and enforceable personality right on account of being a well-known reputed personality and the same is clearly identifiable in the infringing content uploaded by Defendants 1-8 and 13 on their social media accounts.

Case Briefs High Courts

Delhi High Court grants bail to anti-CAA protest accused in money laundering case under PMLA and UAPA

Special statutes have stringent conditions for grant of bail but they should not become means to detain the accused without there being any possibility of concluding the trial, expeditiously. Merely charging an accused person under the provisions of these special statutes should not become a punishment in itself which violates Article 21.

Case Briefs High Courts

Thorough enquiry regarding monument’s antiquity and age required before declaring it as ‘ancient’: Gauhati HC

The Superintendent of Archaeology is empowered to undertake a thorough enquiry as to the antiquity of the monument to be protected and shall determine as accurately as possible the age of the monument on such evidence as may be available to him.

Case Briefs High Courts

Kerala HC Directs Collector and Police to ensure safe pilgrimage to Sabarimala during Mandala-Makaravilakku Festival

Kerala High Court was reviewing the steps and action plans proposed by the Travancore Devaswom Board, the State Government, and the police to ensure the safety and security of pilgrims at Sabarimala.

Case Briefs High Courts

Swarn Rekha River Revival Project | MP High Court directs for synergy between State Government, Municipal Corporation & Counsels

The Court noted that the provisions regarding social audit under the Municipal Corporation Act, 1956, should be invoked cautiously to customize schemes effectively.

Case Briefs High Courts

‘Upon detecting fraud, bank has implied duty to exercise reasonable care and take prompt action’; Delhi HC directs SBI to compensate loss of Rs. 2.6 Lakhs incurred by cyber fraud victim

‘The Banking Ombudsman overlooked the key aspects of the matter and completely misdirected itself in law.’

Case Briefs High Courts

Meghalaya High Court denies relief to 5th semester law student falling short on attendance to take exams citing mandate of law

“Rule 12 of the Rules of Legal Education, 2008 shows that for a student who fails to attend 70% of the classes held in any subject, the Dean or the Principal may allow the student to take the Test, if the student concerned attended at least 65% of the classes held in the subject concerned, and attended 70% of classes on all subjects taken together.”

Case Briefs High Courts

Delhi High Court dismisses Amtek Group promoter’s petition to quash his arrest and remand orders in money laundering case

It is not the petitioner’s case that he was not supplied with the grounds of arrest at the time of the arrest and prior to the remand being sought. The remand application was detailed, and contained, effectively the same set of facts as were stated in the grounds of arrest.

Case Briefs High Courts

Rajasthan High Court clubs multiple FIRs in financial mismanagement allegations against Creative Credit Cooperative Society

“Clubbing of the FIRs will reduce the financial drain on the state exchequer as well as cut down the administrative burden, especially given that all the cases arise out of same or similar cause.”

Case Briefs High Courts

Gujarat HC set aside Tribunal’s order condoning delay of 22 years 8 months for vague & ambiguous reasoning akin to ‘non-speaking order’

The Tribunal in the impugned decision reasoned that- whenever Government for public purpose bifurcates districts, a complex situation arises and on account of the same sometimes issues like the present, escape the notice of the Government authorities therefore, good cause for condoning delay of more than 22 years was made out.

Case Briefs High Courts

‘No mention of accused persons awareness of caste at time of alleged incident; even otherwise remarks not made in public place’: P&H HC quashes SC/ST Act case

In the present case, the complaint remained pending for several years and no application was filed by Respondent 2. Now, no purpose would be served by ordering the prosecution of the accused persons, after a long delay of 14 years, when Respondent 2 and his co-accused have already been convicted in a criminal trial, relating to the same occurrence.

Case Briefs High Courts

Bombay HC restrains Chrome21 India from infringing Hind Rectifiers’s mark ‘HIRECT’; declares ‘HIRECT’ as a well-known trade mark

The rival marks are structurally, phonetically, and visually identical and/or deceptively similar when compared as a whole and the word ‘HIRECT’ is the important, prominent, and essential feature of the plaintiff’s registered mark.

Case Briefs High Courts

[Art. 311(2)(c)] Governor’s sanction without ‘subjective satisfaction’; Manipur HC upholds reinstatement of Sub-Inspector

“The Governor cannot just give assent by just writing “may be approved” without expressing subjective satisfaction as to the recommendation of the Committee of Advisors.”