High Courts Archives

Balancing victim’s safety and accused rights, Rajasthan High Court grants parole away from Rape survivor’s residence

The Court directed that the petitioner’s parole will be cancelled if he is involved in any offence or if any report of misconduct is lodged against him during the parole period.

Case Briefs High Courts

Sperm/oocyte donor in surrogacy cannot claim rights/duties of a biological parent in relation to the child: Bombay High Court

Though petitioner’s parents have supported her sister’s decision to stay with Respondent 1 and his daughters due to her state of depression after losing her husband and daughter in the accident, this cannot be a consideration for this Court to consider that petitioner’s sister is the biological mother of petitioner’s daughters merely because she is the egg donor.

Case Briefs High Courts

Construction/excavation activity cannot be allowed on forest land earmarked for ‘Social Forestry’: MP High Court

“Possibility cannot be ruled out, as per the prevalent practice, persons involved in mining or excavation stone etc. tend to expand the area of operation and in that spree, licensee tends to excavate the sand or other minerals beyond the prescribed limit.”

Case Briefs High Courts

No exemption from faceless procedure for notices issued under S. 148 of Income Tax Act, 1961 for international tax charges: Telangana HC

The taxpayer is nowhere distinguished between NRIs and Indian Citizens. The notice issued under Section 148 of the Income Tax Act, 1961 must comply with the requirement of the Scheme whether or not the taxpayer is NRI/Indian Citizen.

Case Briefs High Courts

Delhi High Court directs India Today journalist Rajdeep Sardesai to take down video of BJP spokesperson Shazia Ilmi

The direction for taking down the impugned video was necessary since India Today was unable to state whether or not Rajdeep Sardesai had been authorized to use the impugned video.

Case Briefs High Courts

‘Momentary disagreement leading person to take extreme actions cannot be termed as abetment to suicide’; Calcutta HC quashes pending proceedings u/S. 306 of IPC

To constitute an offence under Section 306 of the Penal Code, there should be instances of abetment under Section 107.

Case Briefs High Courts

‘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.