High Courts Archives

‘Victim abused the judicial process by filing a false FIR’: Madras HC acquits rape convict after noting that victim has a second child with him

“Madras High Court said that, in the instant case, the prosecution has not been able to establish that there indeed was a crime. In fact, there is an abuse of judicial process when the victim set a criminal law in motion, perhaps with a false FIR”

Case Briefs High Courts

No police personnel be sent for police band training without their written consent: Madhya Pradesh High Court

The petitioners challenged the impugned orders detailing them for training in a dummy team to participate in the police band.

Case Briefs High Courts

Planned hunting of Schedule-I animal like Tiger is grave threat to wildlife and forests; MP High Court denies bail

The State Tiger Strike Force recovered a nylon bag which contained 49 bones, 14 nails, and 31 mustache hairs of a tiger from applicant 1.

Case Briefs High Courts

Calcutta High Court directs West Bengal Legal Services Authority to Revisit Compensation Review for 2011 Acid Attack Victim

The petitioner, a victim of an acid attack perpetrated by her husband in 2011, was initially awarded ₹7,00,000 as compensation by the Criminal Injuries Compensation Board.

Case Briefs High Courts

Coparcener/co-sharer cannot alienate specific piece of Joint Family Property without Partition: MP High Court

Madhya Pradesh High Court upheld orders restraining the petitioners from raising construction on the disputed land.

Case Briefs High Courts

[Mohammedan law] Legislature only prohibits Talaq-e-Biddat or Talaqs having effect of instantaneous and irrevocable divorce: Himachal Pradesh HC

In the present case, the FIR refers to the notice dated 25-04-2022, which reads that the petitioner conveyed the first communication of Talaq by pronouncing the word ‘Talaq’. It nowhere mentions that the Talaq had become irrevocable, or it had the effect of instantaneous divorce.

Case Briefs High Courts

MP High Court approves Synchronization of ICJS with SANDES APP for enhanced Criminal Justice System

The Court scheduled the matter for 16-10-2024, with directions to NIC Team to submit the concept note with further developments.

Case Briefs High Courts

‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’

The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.

Case Briefs High Courts

Bombay HC directs deletion of offending post on YouTube against Malabar Gold Ltd. for being per se defamatory and reckless

Several defamatory statements were made against Malabar Gold Ltd. by Respondent 1 on his YouTube channel titled “Marunadan Malayali”.

Case Briefs High Courts

“Advocates can’t pressurise Courts to pass favorable orders”; MP High Court condemns Counsel’s ‘fee recovery from client’ comment

“After realizing that the Court may not pass a favourable order, if an attempt is made by a Lawyer to seek adjournment, then it is a glaring example of Bench hunting.”

Case Briefs High Courts

“Accused’s right to lead defense evidence cannot be curtailed”; J&K High Court sets aside conviction; remands Acid Attack case to Trial Court

“Right to fair trial, presumption of innocence unless proven guilty and proof by the prosecution of its case beyond any reasonable doubt are the fundamentals of our criminal jurisprudence.”

Case Briefs High Courts

J&K High Court awards Rs. 20 Lacs compensation for electric shock induced permanent disability

The Court noted that the electric shock resulted in the petitioner having a 75% disability from orthopedic side and 15% deformity disability.

Case Briefs High Courts

Bombay HC upholds validity of Regulation 10 of Institute of Actuaries of India (Admission as Member and Issuance of Certificate of Practice) Regulations, 2017

The Court opined that Regulation 10 permitted only Fellow Members to apply for Certificate of Practice because Fellow Members possessed higher qualifications than Associate Members by passing additional examinations and there is not only an intelligible differentia between Associate Members and Fellow Members but there is a rational nexus to the object sought to be achieved by the said classification.

Case Briefs High Courts

Delhi High Court directs ‘Andaaz-E-Nizaam’ restaurant to change name in Trade Mark infringement plea by ‘Nizam’s

Section 47 of the Trade Marks Act, 1999 provides for taking a registered trade mark off the Register on account of non-use of the trade mark.

Case Briefs High Courts

[Breach of promise to marry v. False promise to marry] Bombay HC refuses to quash FIR against rape accused, for extracting sexual relations on pretext of marriage

“The promise of marriage must have been a false promise, given in bad faith and with no intention of being adhered to at the time it was given”- Supreme Court in Pramod Suryabhan Pawar v. State of Maharashtra, (2019) 9 SCC 608

Case Briefs High Courts

‘Necessary ingredients of Sec. 11(6) clearly exist’; Delhi HC appoints Arbitrator to resolve dispute between Yuvraj Singh and real estate developer for claim of Rs. 1.38 Crores

“Deletion of party is an issue to be decided by the Arbitral Tribunal, it cannot be looked into by the Court under Section 11(6) of the Arbitration Act”

Case Briefs High Courts

Karnataka HC charges Homeowners Association members u/S. 304-A, IPC regarding death of a minor girl in apartment complex’s swimming pool

The police had initially charged the elected members under S. 304 of IPC; however, the Court upon prima-facie finding of negligence, quashed the charge under S. 304, IPC and charged the petitioners under S. 304-A, IPC.

Case Briefs High Courts

‘Railways has moral imperative to showcase prompt response to concerns of general public’; Delhi HC directs Railways’ senior-most officer to consider complaint de novo

The Court said that the disposal letter by the Railways neither suggested that any effort was made nor provided any measure to help evade such fatal situations in the future.

Case Briefs High Courts

‘Associate Managers appointed u/S. 3(2) of Trade Marks Act are not empowered to pass quasi-judicial orders’; Calcutta HC

The Registrar dealing with an application under the Trade Marks Act is a quasi-judicial and delegation of power under Section 3(2) is an administrative power and as such the Associate Managers are not empowered to pass quasi-judicial orders.

Case Briefs High Courts

Delhi HC quashes FIR in Rape, Kidnapping, and POCSO case based on Settlement without imposing costs

Delhi High Court has quashed an FIR registered under Sections 376 (rape), 363 (kidnapping), and 6 of the POCSO Act (aggravated penetrative assault). The decision was based on an amicable settlement between the parties, with no costs imposed on either side. This case underscores the court’s recognition of mutually agreed resolutions in certain criminal proceedings.