High Courts Archives

Bombay High Court takes suo motu cognizance of Nagpur Airport’s daily closure for 8 hours

The Court appointed Advocate Kartik N Shukul as an Amicus to assist the Court and requested him to frame an appropriate petition within a period of one week from the date of the present order.

Case Briefs High Courts

Registering Authority debarred from examining nature of right, title and character in sale-deed presented for registration; cannot refuse to register sale deed: Jharkhand HC

If the sale-deed is duly executed and sufficiently stamped and there is no legal or formal defect, the Registering Authority cannot refuse to register the deed.

Case Briefs High Courts

Protection and Welfare of J&K’s Ancient Hindu Temples| J&K High Court dismisses PIL as withdrawn; grants liberty to file fresh PIL

The petitioner prayed to withdraw PIL with the liberty to file a fresh, as the petitioner wants to file a detailed representation before the concerned authorities regarding specific instances of temple property encroachment by the Mafia.

Case Briefs High Courts

‘Son did not think twice before killing his creator’; Orissa HC upholds man’s conviction for strangulating and beheading mother

The minor child, grandson of the deceased provided clear and cogent evidence being the sole eye-witness, stating that his father had strangulated the neck of the deceased for which the deceased struggled for life and then she became calm.

Case Briefs High Courts

Delhi HC grants interim relief to Falcon Autotech against Chinese Entity

“Perusal of the affidavit filed by the director of the Indian company of the defendant, categorically shows that it has been stated in categorical terms that the company has been inoperative since its incorporation rendering the same as being ‘Defunct’.

Case Briefs High Courts

‘Depriving journalists working in small newspapers at district, constituency levels of accreditation is arbitrary’; Telangana HC quashes Schedule E of Telangana Media Accreditation Rules, 2016

The State Government is directed to frame guidelines for extending benefit of accreditation to journalists working in small newspapers in district and constituency levels based on a fair and rational criteria.

Case Briefs High Courts

J&K High Court issues contempt notice to UT Govt. officials over careless attitude towards Judicial Order’s compliance

“If contempt cases are to linger on inordinately without compliance, the very existence of this Court is meaningless.”

Case Briefs High Courts

‘Subjecting child to corporal punishment for reforming him cannot be a part of education’; Chhattisgarh HC refuses to quash FIR against teacher for abetment of suicide

At this stage, averments made in the petition that the allegations levelled against accused is false, cannot be looked into while exercising powers under Section 528 of the Nagarik Suraksha Sanhita, 2023.

Case Briefs High Courts

‘Revenue Audit Objections a valid ground under Section 148 of Income Tax Act for reopening concluded assessment’: Allahabad HC

“There is no dispute regarding explanation given under Section 148 regarding information that can be relied upon by the Assessing Officer to reopen assessment of escaped income.”

Case Briefs High Courts

Read why Bombay HC changed husband’s conviction u/S. 307 to S. 308 for forcibly poisoning wife amidst a quarrel

“There was no premeditation, no pre-planning and no design on the part of the convict, in such a case, if that act had led to the death of the victim, it would not have been murder, but only the culpable homicide, not amounting to murder”.

Case Briefs High Courts

MP High Court upholds Additional District Judge’s removal from service over “double standard in handling bail applications”

The Court reaffirmed that the court’s role in judicial review is limited to examining the decision-making process and not to re-evaluate the evidence or impose a different penalty.

Case Briefs High Courts

Delhi HC directs X (Twitter), Meta, and Google LLC to delete URLs containing posts/videos regarding dead centipede in ‘Amul’ vanilla ice cream tub

GCMMF has been given liberty by the Court to intimate all three platforms of any other URL containing the impugned post/video apart from the ones enlisted in the plaint, which would have to be deleted by them within 36 hours.

Case Briefs High Courts

Provisions of CrPC and not of Nagarik Suraksha Sanhita 2023 (BNSS) will apply to a pending investigation prior to 01-07-2024: Bombay High Court

By a saving clause, which is construed to be an internal aid for the purpose of construction of a statute, saves the provisions of the old Code/repealed Code, i.e, in the present case, Criminal Procedure Code, 1973, for certain categories of investigation, inquiry, appeals, application, etc.

Case Briefs High Courts

Bombay HC quashes FIR and chargesheet against members of WhatsApp group chat accused of outraging religious feelings

“Now-a-days people have become more sensitive about their religions may be than before and everybody wants to impress as to how his religion/God is supreme. Everybody should respect the religion, caste, creed etc. of another. But at the same time, if the person says that his religion is supreme, then the other person may not immediately react. There are ways and means to react on such sensitive issues.”

Case Briefs High Courts

Punjab and Haryana HC directs State of Punjab to ensure that FIR must be registered whenever a complaint reflecting commission of cognizable offence is made

Prima-facie case for wrongfully restraining the team of doctors and restraining them from doing their official duties was made out and both these offences were punishable under Sections 341 and 353 of the IPC. However, despite disclosing commission of cognizable offences, the police did not register an FIR.

Case Briefs High Courts

‘X (Twitter) neither performs public function nor discharges public duty’; Delhi HC holds petition filed against suspension of ‘X’ account ‘not maintainable’

The Court opined that the proper venue for addressing a breach, such as the one in the present matter, would be the civil courts where contractual disputes are adjudicated.

Case Briefs High Courts

‘Dispensing services without giving any opportunity of hearing clearly violates natural justice’; Chhattisgarh HC sets aside cancellation of Anganwadi Sahayika’s appointment

In the administrative action where the decision of authority may result in civil consequences, a hearing before taking a decision is necessary.

Case Briefs High Courts

Know why Bombay HC issued directions for strict compliance with Government Circular for providing basic medical facilities at educational institutions

Bombay High Court noted that educational institutions in larger cities have a substantial strength of students and staff members, spending considerable number of hours away from their homes; and medical emergencies could occur due to commuting requirements and other diverse activities within the institution premises. Therefore, a structured approach and mandate of law is required to ensure a ready availability of basic medical facilities on the premises.

Case Briefs High Courts

Waqf Board has no jurisdiction over property declared as ancient monument: MP High Court

The Court noted that the property in question, which includes ancient monuments like the Tomb of Shah Shuja, Tomb of Nadir Shah, and Bibi Sahib’s Masjid, had been declared as protected under the Ancient Monuments Preservation Act, 1904.

Case Briefs High Courts

Bombay HC directs Municipal Corporation, Greater Mumbai to constitute Animal Welfare Committee to resolve dispute of feeding stray dogs in a society

RNA Royal Park Co-operative Housing Society Ltd. stated that one of its resident, is indiscriminately feeding stray dogs beyond the appointed timings and locations, causing society to face a serious problem.