High Courts Archives

Filing of written statement after expiry of 30 days can be accepted only if there is an application in writing for condonation of delay: Madras HC

If the power is given to do a certain thing in a certain way, the thing must be done in that way.

[POCSO] Delhi High Court quashes charges against mother accused of failing to report daughter’s sexual assault by father

A mother is sought to be prosecuted for delay in reporting of sexual offences on a child by her own husband, despite the fact that the mother herself was allegedly subject to severe abuse, sexual and otherwise, in her matrimonial home.

Case Briefs High Courts

‘Victim was below the age of 16 years’; Bombay HC sets aside Children’s Court order discharging father of allegedly committing sexual assault on daughter

The Court remanded the matter back to the Children’s Court, directed the Sessions Court/POCSO Court to handover the charge sheet to the Children’s Court and the case registered before the Children’s Court was thus restored.

Case Briefs High Courts

[Right to fair & speedy trial] Rajasthan High Court quashes corruption charges against 100-year-old man and his 96-year-old wife due to 18-years Trial delay

“The absence of any progress, despite the charge sheet being filed in 2014, raises serious concerns about the administration of justice. Such delay undermines the legal principle that justice delayed is justice denied.”

Case Briefs High Courts

In case of no settlement or compromise between parties, Lok Adalat to return matter to Court for disposal: Gujarat HC reiterates

In the case at hand, no settlement was arrived at between the parties and the matter was disposed of in the Lok Adalat by exercising the power under Section 256 of CrPC.

Case Briefs High Courts

Mere pendency of criminal case, where negative final report has been filed, not a ground to refuse passport: Rajasthan High Court

The Court held that the petitioner’s case is not covered by the expression “proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India”.

Case Briefs High Courts

Karnataka HC grants bail to 4 accused persons charged for alleged involvement in the murder of journalist Gauri Lankesh

On 5-9-2017, Gauri Lankesh, a journalist and a progressive thinker, was found dead in her house. Suspecting foul play, her sister filed an FIR against unknown persons.

Case Briefs High Courts

Delhi High Court restrains use of ‘AMMAJI’ trademark due to confusion with established ‘AMBA’ brand in TMT Bar Market

It is not necessary for a registered owner of a trademark to proceed against all entities using similar marks in order to proceed against any one of them. There may be a myriad reasons why a proprietor of a registered trademark may refrain from proceeding against entities that it considers are using infringing marks.

Case Briefs High Courts

Transgender persons cannot invoke Section 69 of BNS: Himachal Pradesh HC grants bail to a man accused of sexual intercourse on false promise of marriage

No doubt, offence alleged to have been committed by the petitioner-accused is of heinous nature, but guilt, if any, of the petitioner is yet to be established on record by leading cogent and convincing evidence.

Case Briefs High Courts

Can a writ court entertain a petition seeking ordinary leave for prisoners if it is filed before the expiry of statutory period? Madras HC answers

“Failure in complying with the Tamil Nadu Suspension of Sentence Rules, 1982 regarding adherence of time limit contemplated is to be construed as lapse, dereliction of duty or negligence, as the case may be and appropriate disciplinary actions are to be initiated against the Officials, who all are responsible for such misconduct”

Case Briefs High Courts

Himachal Pradesh High Court dismisses application to reject Dr Abhishek Manu Singhvi’s petition challenging Rajya Sabha elections

Election petition discloses all material facts as are required to be disclosed in law. No material fact upon which the petitioner relies, be it positive or negative, has been concealed in the petition. Law does not obligate the petitioner to project respondent’s case in his petition.

Case Briefs High Courts

Compassionate Appointment | ‘Family’ defined as a matter of policy to exclude daughter-in-law; Courts can’t expand/constrict the statutory definition: Karnataka HC

Considering the contention to read down R. 2(b)(ii) of Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 2021, the Court pointed out that who all can lay a claim for compassionate appointment, is a matter of public policy that falls within the domain of the lawmaker, and Courts being the legislature’s coordinate branch, cannot run a race of opinions.

Case Briefs High Courts

Delhi HC declares order by Players’ Status Committee of AIFF directing Anwar Ali, Delhi FC, and Emami EBFC to pay Rs. 12.9 crores, unenforceable

‘The right to a fair hearing encompasses not only the opportunity to be heard but also the right to know the reasons for any adverse decision.’

Case Briefs High Courts

Delhi High Court seeks review from Indian Air Force on why fit Female Pilot can’t fill unfilled male vacancies

The petitioner who is aspiring to join the Indian Air Force as a Pilot, having applied for the said post pursuant to the advertisement issued on 17-05-2023.

Case Briefs High Courts

Allahabad High Court reiterates scope of judicial review in terms of tender prescribing eligibility criteria

“The writ Court is not required to find fault of the authorities with a magnifying glass rather the Court should examine the decision-making process and also leave room for interpretation of the contract by the authorities.”

Case Briefs High Courts

‘Six weeks to regain medical fitness after pregnancy is extremely short’; Delhi HC directs re-examination of woman rejected for being overweight in SSB medical exam

The Court hoped that the Union would look into suitably amending the nomenclature of posts that are open to both males and females to make them gender-neutral.

Case Briefs High Courts

‘Only Eagle Multispeciality Hospital is issuing medical certificates to prisoners for parole’; Bombay HC directs inquiry to check if there is any connection

The certificate, in the present case, is issued by a doctor, who is an accused in a case registered with the Pundlik Nagar Police Station, Aurangabad, for offences punishable under Sections 120-B ¹, 314 ², 203 ³, and 201 ⁴ of Penal Code, 1860.

Case Briefs High Courts

[Amul v. Amuleti] Delhi HC grants interim relief to Gujarat Co-operative Milk Marketing Federation Ltd; restrains Terre Primitive from using marks/logos similar to ‘AMUL’

The plaintiffs submitted that Defendant 1 is dishonestly using an identical and deceptively similar trade mark as that of the plaintiffs’, so that any ordinary consumer would be misled to believe that Defendant 1’s products are that of the plaintiffs or associated with or emanating from the plaintiffs.

Case Briefs High Courts

‘Role of Md. Haneef was to help in publication of ‘Islamic Movement’ magazine as a proofreader, not author’; Delhi HC grants bail to alleged member of SIMI

‘As per initial statements of police witnesses, no specific act of incitement had been pointed out regarding Md. Haneef, which led to the registration of the original FIR.’

Case Briefs High Courts

‘Powers under Art. 226 are not expansive enough to allow creation or modification of eligibility criteria for pursuing medicine’; Delhi HC refuses relief to a disabled person

‘As much as the Court may wish to intervene on behalf of a deserving candidate, it cannot overstep its jurisdiction by altering the established norms and benchmarks.’