High Courts Archives

Consent for sexual relation under illegal surrogacy agreement disguised as live-in relationship not valid in law: Bombay HC refuses to quash rape case

The Court stated that agreement of surrogacy is opposed to public policy in India. Therefore, consent for sexual relation under such illegal surrogacy agreement is not a valid consent as per the provisions of the Penal Code, 1860.

Case Briefs High Courts

Violation of Hill Slope Excavation Limits | Kerala HC directs NHAI to display quarry permit and emergency contact details at project sites

The petition was filed alleging that soil extraction is being carried out in connection with the construction of the National Highway from Kasaragod to Thiruvananthapuram, where soil was extracted beyond the permissible limits altering the hill topography and causing severe environmental damage with the risk of landslides.

Case Briefs High Courts

Delhi High Court declares ‘NUTELLA’ as a well-known trade mark

“This Court while dealing with edible items for human consumption, owes a duty of exercising a greater degree of care, caution as also to apply a more stringent test to avoid any possibility/likelihood of confusion between different edible products amongst the general public.”

Technical Glitch Can't Derail Merit-Based MDS Admission

Case Briefs High Courts

Technical glitch can’t derail merit-based admission: Bombay HC quashes DCI order discharging MDS student

“Merely because the documents pertaining to the admission of the student could not be uploaded on the portal of the Dental Council of India due to genuine difficulty of connectivity, it ought not to jeopardize the academic career of the student.”

Case Briefs High Courts

‘Despite counseling, minor rape victim opts against full-term pregnancy’; Allahabad HC permits termination at 31 weeks

The Court had acknowledged that while the right to reproductive autonomy, including the right to terminate a pregnancy, as well as the dignity and privacy of the pregnant person, are paramount.

Case Briefs High Courts

Calcutta HC upholds Rs 14.49 crore arbitral award to Sourav Ganguly in Termination of Player Representation Agreement Case

“A possible view by an Arbitrator on facts has necessarily to pass muster as the Arbitrator is the ultimate master of the quantity and quality of evidence to be relied upon when he delivers his arbitral award.”

Case Briefs High Courts

‘No grounds for arrest communicated in arrest intimation or memo’; Kerala HC grants bail in NDPS case

“Neither in the arrest intimation nor in the arrest memo is there anything to indicate that the grounds for arrest were communicated to the accused.”

Case Briefs High Courts

‘Benefit of Doubt cornerstone of criminal justice’; Tripura HC sets aside murder accused’s conviction & life sentence

The Court reiterated the well-settled law that an accused can only be convicted on legal evidence, and only if a chain of circumstantial evidence has been so forged as to rule out the possibility of any other reasonable hypothesis excepting the guilt of the accused.

Case Briefs High Courts

‘Dehors basic object of Punjab’s litigation policy’: Punjab and Haryana HC imposes Rs 1 lakh cost on State for wasting Court’s time

“The precious time of this Court has been wasted in adjudicating this avoidable piece of litigation which the petitioner was compelled to initiate due to cause given by the respondents in blatant violation of law.”

Case Briefs High Courts

Delhi High Court upholds order dismissing default bail to UAPA accused allegedly involved in propagating ISIS ideology and radicalizing youth

The Trial Court has categorically observed that the investigation progressed substantially during the extension of the accused persons’ detention and the investigation had not been stagnant.

Case Briefs High Courts

‘Apprehension of possible tampering not a valid reason to refuse forensic examination’; Madras HC allows forensic analysis of pen drive & video recording in corruption case

“The accused is entitled to a fair opportunity to disprove the allegations against him. Denial of access to forensic comparison in the face of specific electronic material forming part of defence evidence amounts to curtailment of such a right.”

Case Briefs High Courts

Manipur High Court dismisses bail application of NDPS accused allegedly participated in misbranding controlled substance as normal drug

The Court observed that the accused persons are not just normal employees but participated in misbranding of the controlled substance as normal drug. They have also actively assisted their employer in transporting huge quantity of controlled substance under concealed identity.

Case Briefs High Courts

“Absence from service on misplaced notion”: Meghalaya HC quashes suspension order against St. Mary’s School teachers; Directs clearance of due payment

“The action or inaction of the respondent in not following through with the disciplinary proceedings after suspension orders were passed has rendered the said proceedings as infructuous”

Case Briefs High Courts

Know Why Madras High Court placed the issue of alleged caste bias by a Judge to the Chief Justice for initiation of contempt case

“Judicial independence is a basic feature of the Constitution. We Judges have taken oath to discharge our judicial duties not only without favour but also without fear.”

FIR against teacher for mocking Operation Sindoor

Case Briefs High Courts

Bombay High Court refuses to quash FIR against teacher over mocking posts on ‘Operation Sindoor’ in WhatsApp group

The Court reiterated that social media is misused by certain people in the garb of “Freedom of Speech and Expression” by posting such material that creates hatred and disharmony among the people, such actions are detrimental to national unity and public order.

Case Briefs High Courts

Sambhal Violence| “Only bald and verbal allegations, no admissible evidence”: Allahabad HC grants bail to Jama Masjid Committee Chairman

The State could not place any material on record based on which the Court could infer that the Chairman prima-facie appeared to have committed the aforesaid offences.

Case Briefs High Courts

‘Saying ‘I Love You’ alone not sexual assault in absence of proven sexual intent’; Chhattisgarh HC upholds acquittal of man in POCSO case

“It was his solitary act of showing his “expression of love”, and a close scrutiny of her statements vis-a-vis the statements of her friends, would reveal that it was not made with an intention of his sexual desire.”

Case Briefs High Courts

‘Adverse Police Report unsustainable’; Bombay HC sets aside order denying furlough to prisoner pending conviction in another NDPS case

The Court opined that Deputy Inspector General Prison committed gross error by relying on Notification dated 2-12-2024 and by not applying his mind while passing the order.

Case Briefs High Courts

Allahabad HC directs probe into fake Arya Samaj Societies conducting illegal marriages

The Court noted that several marriages had been conducted by such societies, even of minor girls, in violation of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

Case Briefs High Courts

‘Taunts for dark complexion not grave enough to prove cruelty or abetment to suicide under IPC’; Bombay HC acquits husband

“Every dispute, quarrel or altercation arising from the matrimonial life are not criminal offence. It will take colour of Criminal law only when there are no alternatives for the wife but to put an end to her life, because of the harassment.”