High Courts Archives

[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.

Case Briefs High Courts

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.”