High Courts Archives

Rajasthan High Court consolidates trials for 259 FIRs against Sanjivani Group Chairman; Upholds Right to Fair and Speedy Trial

“Whether the proceeding against the accused shall be called as prosecution or it would be a persecution. Whether it’s a persecution or be it a prosecution but in anyway it must come to an end within a reasonable period.”

Case Briefs High Courts

Allegations are general in nature’; Bombay HC grants bail to trustees, homeopathic doctor allegedly providing bogus doctors to M. T. Agarwal Hospital

The informant’s statement does not identify individual/s as victims whose deaths/injuries can be relatable to specific acts of commission/omission on the part of applicants before this Court.

Case Briefs High Courts

Whether ‘tractor-trailer’ sans ‘motor’ falls under ‘motor vehicle’ and is amenable to entry tax under Odisha Entry tax Act? Orissa HC answers

Section 2(h)-“Motor Vehicle” means a Motor Vehicle as defined in Clause 28 of Section 2 of the Motor Vehicles Act, 1988; [excluding any tractor, earth mover, excavator, bulldozer or road-roller].

Case Briefs High Courts

Delhi High Court cancels trade mark ‘LI’L MONSTER’ to protect the Intellectual Property Rights of Monster Energy Co.

The trade mark ‘MONSTER’ had been adopted by Monster Energy Co. in 2002 in the United States of America.

Case Briefs High Courts

‘Anathema to democratic & orderly society’; Orissa HC grants bail to young woman lawyer over alleged custodial assault, harassment

The petitioner- accused is a practising lawyer and daughter of a Brigadier of the Indian Army. However, instead of registering her complaint for road rage, it was alleged that the Police personnel started misbehaving with her and her Indian Army Major- friend.

Case Briefs High Courts

Madras HC directs Veterinary University to consider application of transgender person for admission under Special Category

Madras High Court directed the University to not reject the application of the petitioner on the ground of being a transgender person.

Case Briefs High Courts

Allahabad High Court upholds Family Court’s order calling for expert opinion on wife’s mental health at stage of evidence in divorce proceedings

Allahabad High Court directed for constitution of a team of doctors by the CMO within a period of one week from the date of certified copy of this order is served on the said authority.

Case Briefs High Courts

‘Compensation is essential part of curing justice’; Delhi HC enhances compensation to Rs. 10.5 lakh for minor victim of sexual assault by father

Although the offence of ‘aggravated sexual assault’ was not mentioned in the compensation scheme, the Court referred to the offence of ‘unnatural sexual assault’ to determine the quantum of compensation.

Case Briefs High Courts

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.

Case Briefs High Courts

[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.