High Courts Archives

“Within 30 days’’ starts from date when result is announced by returning officer: Allahabad HC clarifies law related to limitation for election petition

“Election law should be interpreted strictly, particularly, with regard to the prescribed period of limitation for the purposes of entertaining the election petition inasmuch as there is no provision qua applicability of the Limitation Act.”

Case Briefs High Courts

‘Section 15(1) of Hindu Succession Act an anomaly in legislation that requires rectification’; Delhi HC denies widowed daughter-in-law a share in mother-in-law’s property

The Delhi High Court said that this case is demonstrative of how S. 15(1) of the Hindu Succession Act, 1956 works against a woman.

Case Briefs High Courts

[Patent and Design] Calcutta High Court| Registration in foreign country per se not a ground for cancellation of design registered in India

The impugned order does not consider the aspect as to what constitutes publication in the facts of the present case. There has been no discussion on this aspect of the matter in the impugned order.

Case Briefs High Courts

‘Detailed analysis of evidence not carried out while framing charge’: Delhi HC upholds order directing framing of charges u/s 506, 509 and 34 of IPC

The Court stated that the only test to be applied at the stage of framing of the charge is whether there is sufficient cause made out by the prosecution to proceed against the accused.

Case Briefs High Courts

[POCSO] Uttaranchal HC commutes death sentence to 20 years’ rigorous imprisonment for man who committed rape on his stepsister

The Court opined that the prosecution did not place any material or evidence to conclude that reformation, rehabilitation, and social re-integration of the accused into society was not possible.

Case Briefs High Courts

‘Multiple lapses in investigation’; Punjab and Haryana HC acquits Dera Chief Gurmeet Ram Rahim and four others in 2002 murder case

The Court stated that the present case was a stark portrayal of the necessity of Courts of law to make an incisive and objective analyses, of the evidence rather than becoming stultified through a proactive media trial.

Case Briefs High Courts

Mutual agreement on separation without court intervention holds no legal weight in divorce matters for non-Muslim parties: MP High Court

MP High Court held that any agreement restricting a party from pursuing legal proceedings is void, thereby, rendering respondent’s undertaking not to take legal action against the applicants invalid.

Case Briefs High Courts

Delhi High Court grants bail to student activist Sharjeel Imam in Sedition and UAPA Case

Sharjeel Imam would, however, continue to remain in custody due to his alleged involvement in the 2020 Delhi riots larger conspiracy case.

Case Briefs High Courts

Custody of accused without providing judgment copy deems violation of Statutory and Constitutional Rights: Delhi High Court

The Principal District and Sessions Judges of all the Districts Courts in Delhi are requested to sensitize the presiding judicial officers to pronounce their judgments on conviction only when they are ready for pronouncement and, in case where they are convicting the accused and taking the accused into custody, immediately supply a copy thereof, free of cost, to the accused for the accused to avail of the remedies available to them in accordance with law.

Case Briefs High Courts

[Rohith Vemula Suicide] ‘Despite best efforts of Investigating Officer, no evidence could be collected’; Telangana HC disposes of petitions after prosecution files closure report

The Telangana High Court noted that multiple issues could have driven Rohith Vemula to commit suicide and further, it could also not be established that the actions of the petitioners had driven Rohith Vemula to commit suicide.

Case Briefs High Courts

Read why the Delhi HC barred bookings for Ramleela celebrations on DDA grounds

“It is necessary that Respondent 1/DDA puts in place a set of guidelines or a Standard Operating Procedure (SOP) for the booking of sites for Ramleela, to prevent situations as had arisen in the year 2023.”

Case Briefs High Courts

Does the victim have a statutory right to be impleaded in a revision petition? Delhi HC Answers

‘While the victim/complainant has a right to be heard in the revision proceedings, such right does not upscale itself to a right to be impleaded in the said criminal revision’

Case Briefs High Courts

Chhattisgarh High Court takes suo moto cognizance of alarming rate of road accidents; asks State to show compliance report on Supreme Court’s directions in S. Rajaseekaran (II) case

The Court acted in response to the various newspapers reporting of the alarming condition of traffic on the streets/roads and especially in Highways of the State, owing to over speeding, roaming of stray cattle on the roads, non-maintenance of the roads, poor lighting, absence of proper signage, absence of reflectors, lack of patrolling by the authorities, disorderly parking of trucks and vehicles on the roads, driving of vehicles after consuming alcohol, etc.

Case Briefs High Courts

‘Proceedings still at a nascent stage’; Delhi High Court transfers case for winding up of company to NCLT

The Delhi High Court said that the winding up proceedings which have not progressed to an advanced stage before the High Courts, ought to be transferred to the NCLT.

Case Briefs High Courts

‘Merely writing one line on ‘non-practicality of holding inquiry’ not enough’; P&H HC sets aside SSP’s order dismissing probationer SI accused of taking illegal gratification

The Court directed that the SSP should be free either to conduct departmental inquiry after following due procedure prescribed by Punjab Police Rules, 1934 or take appropriate decision after conclusion of criminal proceedings.

Case Briefs High Courts

POCSO| ‘No absolute bar on recalling victim witness but each case must be evaluated on its own evidence’; Orissa HC dismisses application to recall child victim to Court

“There is no absolute bar under Section 33(5) of the POCSO Act to recall a victim witness, every case has to be weighed on the strength of its own evidence and necessity of recalling the child victim.”

Case Briefs High Courts

‘Arrest in consonance with Section 19(1) of PMLA’; Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh’s petition challenging his arrest by ED

“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”

Case Briefs High Courts

Delhi High Court directs State Bank of India to provide all documents forming basis of the Show Cause Notices issued to Educomp Solution

The Delhi High Court emphasised that if the relevant documents are not provided to a party, the whole procedure of issuance of Show Cause Notice would be reduced to an empty formality.

Case Briefs High Courts

‘Not maintainable at this stage’; Delhi HC dismisses petition seeking to set aside order cancelling candidate’s nomination to contest Lok Sabha Election

Respondent submitted that present petition is not maintainable, at this stage, in view of the bar under Article 329(b) of the Constitution and the petitioner has the remedy of filing an election petition after the elections are over.

Case Briefs High Courts

Delhi High Court discharges advocate for contempt of Court due to medical reasons; Directs Bar Council to assess his fitness to practice

The Delhi High Court refrained from taking any coercive action against advocate for contempt of Court in view of his medical condition.