High Courts Archives

MP High Court seeks State’s reply on ban on sale of meat, eggs & related products during Ganesh Mahotsav

The Court observed that the effect of the order was limited to 17-09-2024, indicating that the immediate urgency of the issue may be moot, however, recognised the need to address the concern of setting a future precedent.

Case Briefs High Courts

‘Allegations about show cause notice being vague are wholly misconceived’; Bombay HC imposes Rs 5 lakhs costs on litigants who tried to “take a chance” by filing a petition

The present petition is instituted to question the show cause notice dated 07-12-2023 only after the show cause notice is adjudicated and the order dated 22-07-2024 is made.

Case Briefs High Courts

Bombay HC dismisses appeal by New India Assurance Company against ground handling company Janus Aviation for recovery of $31 million

Only the disputes which are commercial disputes within the meaning of Section 2(1)(c) of the Commercial Courts Act, 2015 can be entertained by Commercial Courts or Commercial Division and Commercial Appellate Division of High Courts.

Case Briefs High Courts

MP High Court directs authorities to decide on Rehabilitation of migrated Wild Elephant as per Section 11(1)(a) of Wild Life Protection Act

The petitioner pointed out that respondents are keeping the elephants in captivity and in process giving inhuman treatment and out of 10 elephants, 2 elephants died and the respondents have concealed this fact from the Court.

Case Briefs High Courts

Delhi HC directs Karkardooma Court’s counseling center to file affidavit stating why steps were not taken to make wife understand the terms of divorce settlement

‘Even though the official language for proceedings and documentation is English, the authority concerned is duty bound to translate contents of such documents to a person not well versed with the language.’

Case Briefs High Courts

Delhi HC directs BSES Yamuna Power Ltd to pay ex-gratia amount of Rs. 10 lakhs to parents of 18-year-old boy who died due to electrocution from non-insulated live electric line

In the present case, a call was made to the police station informing that a person was lying in an unconscious state due to electric shock. The post-mortem report also mentioned the cause of death as ante-mortem electrocution. Therefore, it is an undisputed fact that the deceased died due to electrocution.

Case Briefs High Courts

Having sexual intercourse, being naked in front of minor amounts to sexual harassment, punishable under POCSO Act: Kerala High Court

Kerala High Court noted that accused 2 had abused and thrashed the minor victim and concluded that the offense falls under Section 323 of IPC in conjunction with Section 34 IPC.

Case Briefs High Courts

Delhi High Court directs BCI to reevaluate LL.B. attendance requirements following Amity Law School suicide case

The petition was filed by the Court suo motu in response to the tragic suicide of a law student at Amity Law School, affiliated with I.P. University, who took his life allegedly due to severe academic pressure stemming from attendance shortages.

Case Briefs High Courts

“Say ‘Bharat Mata ki Jai’, Salute tricolour 21 times”; MP HC grants bail to accused for shouting “Pakistan Zindabad, Hindustan Murdabad”

The Court opined that applicant may be released on bail by imposing some conditions which may enthuse in him the sense of responsibility and a pride for the country in which he is born and living.

Case Briefs High Courts

‘Mere violation of Motor Vehicles Act provisions does not amount to negligence’; Delhi HC modifies MACT’s order

‘While determining the issue of negligence, the courts are not subjected to apply the strict principles of evidence to motor vehicle accident cases as the standard of proof required in such cases is one of preponderance of probabilities.’

Case Briefs High Courts

Delhi High Court grants compassionate allowance to wife of deceased despite dismissal for absenteeism under CCS Pension Rules

The Court observed that once the employee had already suffered dismissal from service on account of unauthorized absence, that sin stood expiated and was no longer a relevant consideration while assessing his case for grant of compassionate allowance.

Case Briefs High Courts

Calcutta High Court allows doctors’ protest against RG Kar Doctor’s Rape and Murder amid Durga Puja Carnival; Strikes down police ban

The petitioners sought relief against the refusal by the State to grant permission for a “Droher Carnival” planned for 15-10-2024, intended to bring attention to the alleged rape and murder of an on-duty postgraduate trainee doctor at R. G. Kar Medical College and Hospital on 09-08-2024.

Case Briefs High Courts

‘Uniform policy required for granting furlough/parole as authorities adopt pick and choose policy’; Bombay HC grants furlough leave to two prisoners who surrendered late

In cases of late surrender with no element of escape but only element of delay in surrendering they can be examined on the facts and circumstances and merits of each case.

Case Briefs High Courts

‘Relationship was in nature of marriage’; Chhattisgarh HC upholds maintenance for a woman in live-in relationship who was unaware of her partner’s already existing marriage

In the present case, the woman has clearly stated that she was not aware about her partner’s marriage and his children. Further, the Trial Court as well as the Appellate Court has also stated that the relationship between them, fell under the category of domestic relationship.

Case Briefs High Courts

Karnataka High Court quashes criminal proceedings against persons accused of shouting ‘Jai Shri Ram’ inside a mosque

The Court said that it is not understandable that how if someone shouts ‘Jai Sriram’ it would outrage the religious feeling of any class especially when the complainant himself states that Hindu — Muslims are living in harmony in the area the incident by no stretch of imagination can result in antimony.

Case Briefs High Courts

Long-standing consensual relationship without cheating not considered rape on pretext of marriage: Allahabad High Court

“Each promise of marriage would not be considered as a fact of misconception for the purpose of consensual sexual intercourse unless it is established that such promise of marriage was a false promise of marriage on the part of the accused since the beginning of such a relationship.”

Case Briefs High Courts

Blind rejection of License transfer request without provision violates principles of Equity, Justice & Good Conscience: Rajasthan High Court

The Court advised the State of Rajasthan to amend the Motor Driving School Registration Scheme, 2018 to include provisions for license transfer to legal heirs.

Case Briefs High Courts

Daughter-in-law’s right to shared household under DV Act does not supersede right of senior citizen to seek relief under Senior Citizens Act in case of gross ill-treatment: Delhi HC

Mere fact that the mother may be physically unwell, does not compel her to accept the presence of those who, in her perception, have contributed to her distress. The Court cannot impose on the senior citizen a forced living arrangement against her will, especially when it has been found to be a source of her suffering.

Case Briefs High Courts

Man grooving his neck towards a woman while riding two-wheeler and listening to music not ‘stalking’ under S.354-D of IPC: Bombay HC

Applicant materially contributed to the complainant’s accident and there is a degree of want of care and caution which has contributed to the negligence of applicant in his act of riding his two-wheeler too close in proximity to the complainant’s two-wheeler along with his headphones on while listening to music.

Case Briefs High Courts

‘Commitment to fair play requires that Rules be followed scrupulously’; Delhi HC stays decision by ETC and Apex Council of ‘Legends League Cricket’

‘Teams and players respond to challenges presented at different stages of a match by adapting themselves to the requirement at a particular time, based on the situation that reflects on the scoreboard.’