High Courts Archives

Delhi High Court dismisses writ petition by medical student against order by National Board of Examination in Medical Sciences for lack of jurisdiction

‘The essential, material, and integral cause of action had arisen beyond the territorial jurisdiction of the Court.’

Making audio recording of conversation inside police station not an offence under S.3 of Official Secrets Act, 1923: Bombay HC

The contents of FIR do speak about insult or intimidation and thus, it is left open to the Court concerned to see whether charge needs to be framed under Section 120-B ¹ or Section 34 ² of the Penal Code, 1860.

Case Briefs High Courts

Delhi High Court directs Union to issue Police Clearance Certificate to Indian national despite pending criminal case

‘Mere pendency of criminal case does not automatically disqualify an individual from exercising their right to seek long-term opportunities abroad.’

Case Briefs High Courts

Calcutta High Court rejects stay on NCLT Kolkata relocation to Rajarhat: Advocates’ inconvenience not sufficient to halt policy decision

The petition was filed by NCLT Advocates Bar Association, Kolkata challenging the Ministry of Corporate Affairs’ decision to shift the National Company Law Tribunal (NCLT), Kolkata, from its current location at Esplanade Row (East) to a new facility in Rajarhat.

Case Briefs High Courts

Denial of arms license to Sportsperson solely based on family background violates Articles 14 and 19(1)(g): Rajasthan High Court

“The petitioner can neither be cursed for her father’s culpability nor can the State tether her with her father’s acts or crimes to continue all through her life, though she had no role to play.”

Case Briefs High Courts

Calcutta High Court orders post-mortem of minor rape victim at AIIMS under supervision of Judicial Magistrate

The BNSS empowers the Magistrate to oversee key investigation steps such as T.I. Parade, recording statements under Section 183, and supervising specimen signatures, handwriting, fingerprints, and voice samples under Section 349, thus, mirroring oversight throughout the investigation.

Case Briefs High Courts

‘Cutting one’s nose is a serious crime due to its physical, emotional and social implications’; Rajasthan High Court denies bail

“Nose is a crucial part of the human body with both functional and symbolic importance. It also holds social and cultural significance, being a prominent feature of the face that contributes to identity, appearance and self-esteem.”

Case Briefs High Courts

Madras High Court quashes criminal case against stunt choreographer Kanal Kannan over Periyar Statue remarks

“Display of provocative words commenting believers of God opposite to the Hindu Temple is the cause for the speech, and the person, who has provoked the speech cannot take advantage of their provocation and prosecute Kanal Kannan for his reaction.”

Case Briefs High Courts

Delhi HC directs Sir Ganga Ram Hospital to hand over frozen semen sample of deceased son to parents for Posthumous Reproduction

‘Sperm sample constitutes a ‘property’ or an ‘estate’ of an individual, as it can be used for the purposes of procreation, for providing fertility to an infertile person, or for donating to enable a woman to conceive.’

Case Briefs High Courts

‘Ganja’ under S.2(iii)(b) of NDPS Act covers only flowering/fruiting tops of cannabis plant, excludes seeds/leaves; Bombay HC grants bail

There is inordinate delay in conducting the trial and, therefore, the right of the accused to have a speedy trial is affected.

Case Briefs High Courts

‘No evidence to show that deceased was not bona fide passenger’; Jharkhand HC grants Rs. 8 lakh compensation to wife whose husband died after accidentally falling from running train

Even if the ticket was not recovered from his person while preparing the inquest report of the deceased, mere filing of the affidavit on behalf of the appellant was sufficient to raise the presumption that the deceased was bona fide passenger.

Case Briefs High Courts

Calcutta High Court denies interim relief to retired IPS officer over alleged provocative remarks at convention on R.G. Kar Medical College Case

The petitioner made statements like ‘had this happened at Sonagachi we could have said this can happen-This kind of incident cannot occur at a place like R.G. Kar’-from this we should bear in mind.

Case Briefs High Courts

Delhi High Court directs Municipal Authorities to prepare and implement a programme for dealing with ‘monkey menace’

‘Civic agencies should carry out a year-long public awareness campaign to inform people how their feeding does not benefit the monkeys but only harms them by increasing their dependence on humans.’

Case Briefs High Courts

Collector’s direction under S.142(1) of Maharashtra Prohibition Act, 1949 to close liquor shop to maintain public peace must be specific and not general: Bombay HC

The Collector’s power under Section 142(1) is not restricted to one place, provided the Collector forms an opinion that it is in the public interest to keep the ‘place’ or ‘places’ closed ‘where’ the intoxicant or hemp is sold.

Case Briefs High Courts

Delhi High Court rules Domicile Certificate delays beyond students’ control; Directs CBSE to declare Board Exam results

The process of issuing and submitting the domicile certificates was delayed due to factors beyond the petitioners’ immediate control, and it is observed that no prejudice has been caused to the respondent-CBSE or any third party due to this delay.

Case Briefs High Courts

Delhi HC seeks reply on legal notice containing ‘malicious and contemptuous’ allegations against itself; Issues notice to ‘The New Indian’ and ‘X’ for publishing the same

‘The legal notice alleged that the Court had passed directions in its previous order on the basis of presumptions which, the Court said, amounts to making of contemptuous remarks against the High Court and the entire institution.’

Case Briefs High Courts

Delhi High Court refuses to exercise power of judicial review and usurp powers of NCLT in petition filed against Reserve Bank of India

‘The Adjudicating Authority alone has the jurisdiction to regulate the conduct of CoC and finally adjudicate upon the resolution plan through powers of judicial review while ensuring that CoC functions as per the role and responsibilities delineated under IBC.’

Case Briefs High Courts

‘Mother’s presence essential for fostering stable environment’; P&H HC grants anticipatory bail to a mother of ten-year-old despite prima facie evidence against her

As parens patriae, the Court has the responsibility to safeguard the child’s interests and could not relinquish this duty by placing her welfare in the hands of relatives.

Case Briefs High Courts

Right to default bail does not arise if trial is not concluded within 60 days under S.437(6) CrPC: Bombay High Court

The Trial Court is trying its best to conclude the trial at the earliest, but, many times, many things are not under the control of the presiding officer and all parties concerned shall support the Court in concluding the trial within a reasonable period.

Case Briefs High Courts

Whether High Court, in exercise of judicial review power, can direct Speaker to decide disqualification petitions within a fixed timeframe? Telangana HC to decide

The present appeals are filed in relation to writ petitions which challenged the inaction of the Speaker of Telangana Legislative Assembly in adjudicating the petitions seeking disqualification of three members of Legislative Assembly.