High Courts Archives

“There is no requirement under law for government employees to declare all family members”; Delhi HC sets aside order dismissing application under Order 7 Rule 11, CPC

“Even if the name of family members are not mentioned in the service book, even then they can apply for family pension to which they would be entitled, if they are qualified as per the Pension Rules.”

Case Briefs High Courts

‘Husband’s inability to cohabit is a condition known to him and does not travel beyond home’; Bombay HC quashes FIR against husband’s relatives

The Court stated that Applicants 5 to 8, being maternal uncles and their wives, are only instrumental in introducing Applicant 1’a marriage proposal to the complainant and it cannot be said that they knew about his condition.

Case Briefs High Courts

‘Consideration of PO Act is right of accused and duty of Courts’; Gauhati HC grants benefit under PO Act to Headmaster & his son convicted of assaulting student’s mother

“The Probation of Offenders Act, 1958 was a milestone in the progress of the modern liberal trend of reform in the field of Penology. It was the result of recognition of the doctrine that the object of criminal law was more about the reformation of the offender than punishing him.”

Case Briefs High Courts

TRAI cannot request information from Telecom Service Provider under RTI Act to address individual grievances or access customer-specific information: Delhi HC

The Court stated that requiring TRAI to retrieve information about individual complaints from Telecom Service Provider will impose an impractical and onerous burden on the TRAI. With a workforce of merely 170 employees, the TRAI lacked the operational capacity to manage or compile data related to the grievances of over 900 million telecom subscribers.

Case Briefs High Courts

Telangana HC refuses to quash FIR against Former Minister KT Rao over alleged misuse of public funds in Formula E Championship

“It is relevant to note that the FIR need not disclose any specific offence. The FIR should indicate that prima facie an allegation of commission of an offence exists and such an allegation requires an investigation.”

Case Briefs High Courts

‘Ends of justice would not be met by quashing FIRs’; Bombay HC refuses to exercise jurisdiction under S. 482, CrPC

“The process of law would take its own course through the trial”

Case Briefs High Courts

Delhi High Court dismisses petition alleging medical negligence and misconduct against doctors at Max Super Speciality Hospital

“While it is acknowledged that doctors are expected to apply a reasonable level of expertise and exercise due diligence in their practices, their conduct must not be judged against preconceived notions of a specific procedure or outcome.”

Case Briefs High Courts

‘No application of mind, precious time of police & Court wasted’; Gujarat HC slams Police, Prosecution and Trial Court for invoking POCSO Act after 8 yrs of FIR

In a sexual harassment case of a 15-year-old girl, the charges under POCSO Act were added at the fag end of the trial, despite that the victim deposed during the examination that she was aged 15 years at the time of the incident.

Case Briefs High Courts

Uttaranchal HC dismisses petition against Government Orders issued in pandemic for directing private unaided residential schools to charge only tuition fee for online classes

“School management was not justified in demanding fees for services which are provided only when the school runs in physical mode.”

Case Briefs High Courts

Delhi High Court directs State to reinstate CISF candidate acquitted of criminal charges

The Court observed that the petitioner truthfully disclosed the pendency of a criminal case against him, when during the training, he along with other candidates were directed to furnish the relevant information.

Case Briefs High Courts

Kerala HC clears path for remote cross-examination via video conferencing to streamline court proceedings

Kerala High Court made it clear that permission to conduct cross-examinations via video conferencing is not an automatic right. Such permission should only be granted if valid reasons are provided, and the absence of a specific provision in the rules should not prevent this.

Case Briefs High Courts

Karnataka HC urges State Law Commission to frame guidelines on issues surrounding pledging of stolen gold

Court noted that innumerable matters are coming up where stolen gold had been pledged with a gold finance company and this aspect must be examined by the concerned authorities and proper guidelines must be formulated in relation to issues such as implication of pledging stolen gold, manner of dealing with such gold when criminal proceedings are taken up etc.

Case Briefs High Courts

Bombay HC directs State to ensure that eligible women are able to seek benefit under revised Mukhyamantri Majhi Ladki Bahin Scheme

The Mukhyamantri-Majhi Ladki Bahin Yojana scheme was launched by the Women and Child Development Department, Government of Maharashtra for providing financial assistance of Rs 1,500 per month to women between the ages of 21 to 65 years.

Case Briefs High Courts

‘High time for society to preserve sanctity of medical profession and to uphold dignity of Doctors’; Madras HC quashes FIR against 70-year-old Gynecologist in miscarriage case

“Doctors, the Guardian of life, embody a noble profession, often revered as akin to God / Almighty, as they possess the extraordinary ability to save lives and restore health. While acknowledging the presence of quacks and corporatized hospitals, it is essential to recognize that majority of medical practitioners dedicate their life to serve humanity with compassion and expertise”

Case Briefs High Courts

Andhra Pradesh High Court upholds recovery of money with interest based on promissory note; Rejects claims of forgery

The Court cannot assume that every handwriting Expert who has been duly qualified by the Government will necessarily have such special skill and knowledge that he will always give accurate opinions on one disputed point.

Case Briefs High Courts

Tripura High Court directs for strict compliance of Animal Rights laws during seizure and release of cattle

The Court directed the respondent authorities to ensure circulation of guidelines to field officers to prevent further violations.

Case Briefs High Courts

“Bail is Rule and Jail is Exception”; Rajasthan High Court criticizes trial court for casual rejection of bail despite key evidence

“Every arrest is also a relief and a pain. It is a critical part of the justice system. All arrests have to be justified and be based on evidence and pave the way for justice.”

Case Briefs High Courts

Bhopal Gas Tragedy | MP High Court directs immediate toxic waste cleanup from Union Carbide Factory site

The case pertains to the clean-up and removal of toxic waste from the Union Carbide Factory site in Bhopal, following the catastrophic gas leak disaster that occurred 40 years ago on this date.

Case Briefs High Courts

Allahabad High Court denies bail to a man accused of forcing wife into prostitution

“A rapist not only cause physical injuries, but more indelibly leaves a blot on the most cherished possession of a women i.e. dignity, honour and reputation”

Case Briefs High Courts

Read why Delhi HC issued injunction against Telugu Actor Manoj Manchu and media outlets in defamation case filed by Vinay Maheshwari

“The claims made by the Manoj Manchu not only have the effect of tarnishing the credibility of Vinay Maheshwari as a respectable member of society but may further encourage the other individuals and media platforms to spread the defamatory content further. It may lead to widespread public dissemination and lasting damage to his image.”