High Courts Archives

Madras High Court: Elderly wife’s silent suffering is not consent, marriage doesn’t entitle men to unquestioned authority

“Protecting octogenarian women who have lived entire lifetimes within oppressive domestic environments is not merely an act of legal redress, but a reaffirmation of the constitutional promise of dignity under Article 21 of the Constitution.”

Case Briefs High Courts

Patna HC denies relief to RJD candidate Sweta Suman for her nomination rejection in upcoming Bihar Polls

“If any interim or final orders are passed at this stage, it would directly affect the election process and would have the effect of delaying or protracting the election process, which admittedly has already commenced.”

Mere taunts not cruelty under Section 498A

Case Briefs High Courts

Mere taunts, casual references, vague assertions or general family friction not “cruelty” under Section 498A: Delhi High Court

While general allegations may suffice for the purpose of investigation being commenced, the same is not sufficient for the continuance of consequent proceedings.

Case Briefs High Courts

Application for consolidation of multiple suits is not maintainable under S. 10 CPC: Himachal Pradesh HC

“Section 10 CPC relates to the principle of res subjudice wherein, a subsequent suit filed between the same parties on the same cause must be stayed in the light of the pendency of the earlier suit. It is not concerned with the issue of clubbing or consolidating the cases.”

Case Briefs High Courts

Orissa High Court: Plaintiff as dominus litis cannot be compelled to implead intervenors without clear grounds for relief

“The plaintiff being dominus litis cannot be forced to implead someone against whom he does not specifically seek any relief. It goes without saying that if he has chosen not to, he does so at his own risk.”

Case Briefs High Courts

Mandatory Attendance Cannot Cost a Student’s Life: Delhi High Court directs nationwide reform in legal education after Sushant Rohilla case

The intervening parties, including the family of the deceased student have exhibited enormous resilience and deserve to be commended for continuing to pursue the cause, despite the enormous tragedy which struck them with the demise of the student – Sushant Rohilla who has now left a permanent and indelible mark in the legal education space.

false promise of marriage versus breach of promise

Case Briefs High Courts

False promise of marriage not same as breach of promise: Delhi High Court grants anticipatory bail in Rape case

Criminal law cannot be used as an instrument of coercion or revenge when a consensual relationship turns sour. The protection of personal liberty, as enshrined under Article 21 of the Constitution, must remain paramount, especially when the allegations appear to be exaggerated or motivated.

Case Briefs High Courts

“Action taken by State only an eye-wash”: Chhattisgarh HC seeks strict solutions against road hooliganism

“If such action is what the State considers adequate for violations of rules and regulations under the law, it would only demonstrate a careless effort on the part of the authorities, lacking seriousness to check such incidents wherein highways and public streets are being used for celebrating birthdays by affluent individuals as well as others.”

lawyer post on mamata banerjee personal life

Case Briefs High Courts

Calcutta HC rejects Lawyer’s plea to quash defamation case over sharing book extracts on Mamata Banerjee’s personal life

“The Public Prosecutor concerned has a statutory right to file appropriate proceedings if the Minister of a State etc. is defamed in relation to his conduct in discharge of his public function.”

presence of teachers in schools for poor children

Case Briefs High Courts

“No mechanism to ensure attendance of teachers at ground level”: Allahabad HC directs State to ensure presence of teachers in institutions/schools for poor children

“The fundamental right of a child belonging to a poor village studying in a primary educational institution cannot be violated by any person, even a teacher who is treated as a Government employee/State under the Constitution.”

Case Briefs High Courts

Delhi High Court refuses to interfere with FSSAI’s order banning use of term ‘ORS’ on label of food products and beverages

“This is particularly in light of the deleterious effect and adverse health in the event of consumption of water-based, fruit-based, non-carbonated and ready-to-drink beverages by those who are in medical need of an ORS (Oral Rehydration Salts) formulation.”

fee hike by Karnataka State Law University

Case Briefs High Courts

Karnataka HC quashes Karnataka State Law University fee hike: Are students getting excess fees back?

In the present case, the Karnataka State Law University hiked the fee charged by students by 128 per cent.

Strict Enforcement of Animal Welfare Laws

Case Briefs High Courts

Bear Fatal Torture Case| Chhattisgarh HC directs State to strictly enforce Animal Welfare Laws, sensitise officers and public

“The Principal Chief Conservator of Forests shall ensure strict enforcement of the guidelines, policies, laws, or rules and shall periodically sensitize officers and the public regarding animal welfare.”

Public ground cannot be reserved for one community

Case Briefs High Courts

Public ground belongs to all: Madras High Court allows conduct of Hindu event; upholds Fundamental Right under Article 25

“When it comes to upholding fundamental rights, it is the duty of the local administration to stand in aid of the same. The police should not choose the easy option of stifling the fundamental rights.”

Case Briefs High Courts

‘Denying such relief would be punishment for his family’; Himachal Pradesh HC grants probation to rash driving convict after 20 years

“Probation is a kind of non-custodial sentence which gives the convict an opportunity to reform himself, while abiding certain conditions imposed by the Court, instead of directing him to undergo substantive sentences.”

Professor accused of illicit relationship with student

Case Briefs High Courts

‘Relationship pre-dated her admission’; Madhya Pradesh HC grants relief to IGNTU Professor alleged to be in an illicit relationship with student

“What the Professor, a married person, and the complainant, a 30-year-old married lady did in their private life, was not the lookout of the IGNTU in any manner whatsoever. This was much prior to admission of the complainant in the University.”

Case Briefs High Courts

Domestic Violence | In -law’s’ right to residence is not subordinate to that of daughter-in-law: Delhi High Court

“While the Domestic Violence Act confers a vital and protective right of residence upon an aggrieved woman, it cannot be construed to extinguish or indefinitely suspend the right of senior citizens to live without distress in their own home.”

Case Briefs High Courts

Rajasthan High Court upholds prosecution against anaesthetist posing as gynaecologist for medical negligence and cheating

“It is settled proposition of law that FIR is not an encyclopaedia and should be read with the material collected by the investigating agency during investigation.”

Case Briefs High Courts

Summons cannot be issued against ‘a post’ in criminal cases, as it is not a juridical person: Jharkhand High Court

In the case at hand, criminal proceeding was initiated against the post of ‘Plant Head’ of a company.

record foreign witness testimony through VC

Case Briefs High Courts

Delhi High Court allows recording of evidence of US-based witness through Video Conferencing in an Official Secrets Act case

“The objective of the stringent Official Secrets Act provisions is achievable through calibrated safeguards, including conducting the examination from a secured State-controlled facility, ensuring an in-camera regime, restricting devices, and controlling the display and movement of documents. The law demands reasonable containment of risk.”