High Courts Archives

‘Compelling DNA test without imminent need violates right to privacy and dignity’: Karnataka High Court quashes order permitting DNA test in partition suit

“The concerned Court has treated the DNA test as a frolicsome act and ordered as a matter of course. Right to privacy and dignity is lost sight of.”

Case Briefs High Courts

‘State’s action arbitrary to deny payment on flimsy grounds after getting work completed for PM’s Visit’: Jharkhand HC orders payment of dues within 10 weeks to contractor

‘It is not the petitioner’s concern as to how the work was allotted to him. He/she is in no manner responsible for floating or non-floating of the tender.’

False promise of marriage when victim married

Case Briefs High Courts

Can Rape allegation on false promise of marriage hold when victim is already married? Inside Kerala HC order

“The prosecution could not convince the Court that the custodial interrogation of the accused was necessary but opined that he must subject himself to interrogation for the purpose of completing the investigation under a limited custody”

Case Briefs High Courts

Detailed overview of Delhi HC verdict denying bail to Sharjeel Imam, Umar Khalid and other co-accused in 2020 Anti-CAA Delhi Riots case

“The Courts have to remain alive to both the ends of spectrum, on one hand, safeguarding the liberty of an accused, while on the other, ensuring the right of the prosecution to establish its case. The assessment of grant or refusal of bail, therefore, is also guided by a judicious balance between these two considerations, so that the enforcement of criminal law is neither diluted nor diminished.”

Limitation Act applicability to Arbitration

Case Briefs High Courts

‘Condonation of delay under Bihar Public Works Contracts Disputes Arbitration Act governed by Limitation Act or Arbitration and Conciliation Act?’: Patna HC refers matter to larger bench

“As there is conflicting view upon the same by co-ordinate benches, in such circumstances this Court is of the view that the issue should be examined by a larger bench.”

Case Briefs High Courts

Liberalized Family Pension cannot be granted in cases of private fighting amongst employees after being drunk: Punjab & Haryana HC

‘The benefit of Liberalized Family Pension can only be given in case there is a battle inoculation training exercises or demonstration with live ammunition, during which the death occurs’

Case Briefs High Courts

Delhi High Court orders takedown of fake sites offering jobs at Zepto; Grants interim injunction in trade mark dispute

The defendants were operating several websites and applications to trick the general public into believing that they were representatives/associates of Zepto and so as to scam them into paying for fake job opportunities with Zepto

Congress MLA's plea against BJP MLA's defection

Case Briefs High Courts

Madhya Pradesh HC rejects plea of Congress MLA Umang Singhar against Speaker’s inaction on BJP MLA Nirmla Sapre’s defection

“Umang Singhar has failed to establish that a legal right claimed by him has prima facie been infringed or is threatened to be infringed by the respondents within the territorial limits of this Bench.”

quashes law allowing Panchayat member term in office

Case Briefs High Courts

‘Creates confusion, absurdity and anomaly’; Manipur High Court quashes law allowing Panchayat members to continue in office beyond 5 years

The amendment in Section 22(3) of Manipur Panchayati Raj Act, 1994 created dual governing bodies for the same office by extending the tenure of Panchayat members to an indefinite period, when elections cannot be held within time.

Case Briefs High Courts

‘TNPPDL Act doesn’t cover private land’; Madras HC quashes charges in Mahatma Gandhi statue damage incident at school

“The Trial Court, shall not act like a post master that receives the final report from the Police and blindly proceed to frame charges on the premise that the final report would be perfect in all respects.”

Case Briefs High Courts

‘City should not be brought to a standstill’: Bombay HC directs Maratha reservation protestors to vacate streets

The Court questioned whether these protesters would clean up the streets, vacate them, go back home and let peace and let the tranquility prevail in Mumbai, so that the common man can lead a normal life?

Case Briefs High Courts

Court can implead husband’s paramour and seek mobile location of spouse in adultery cases: Delhi High Court

By allowing production of documents directly pertinent to the issues in dispute, the Court ensured the wife’s access to necessary evidence, while avoiding unnecessary intrusion into unrelated financial matters. Such a calibrated approach aligns with the principle of proportionality and prevents the discovery process from becoming a fishing expedition.

Case Briefs High Courts

Bombay High Court dismisses Jagruk Nagrik Sanghatana’s PIL alleging health hazards from telecommunication (mobile) towers

The Court further noted that the new statutory framework under Telecommunications Act, 2023 and Telecommunications (Right of Way) Rules, 2024, now governs the installation, operation and maintenance of telecommunication towers.

Case Briefs High Courts

Can Section 91 CrPC be invoked to compel an accused to produce incriminating material? Calcutta High Court examines

The Court observed that issuance of summons to produce a document against a person asking him to produce a document does not ipso facto makes the said person as a witness however, it would be highly unjust if the word ‘person’ used in Section 91 of the Code of Criminal Procedure is presumed to include an accused.

Case Briefs High Courts

‘Stigma of rape should not be on the victim but the perpetrator’; Delhi HC refuses to quash FIR in POCSO case; Imposes Rs 10,000 as costs

“There has to be paradigm shift in societal mindset by attaching stigma to the accused and not to the girl who underwent the horrid suffering by way of rape.”

Case Briefs High Courts

‘No longer in times when discrimination can be made between male and female’; Delhi High Court directs woman’s appointment to vacant IAF post

The distinction between male and female has, in the present time, been reduced to nothing more than a chance chromosomal circumstance, and ascribing, to it, any greater relevance would be illogical as well as anachronistic.

Case Briefs High Courts

‘Centre should have granted relief, rather than raising objection for delay’: P&H HC dismisses plea challenging war injury pension to 1971 Indo-Pak war soldier

The solider was not aware of the benefit of war injury pension, but the petitioners very well knew that the solider suffered an injury in war and is entitled to such benefit but still did not grant the said benefit and rather expected such solider to revert back, to claim the said benefit.

Case Briefs High Courts

‘Jethani not part of same family unless residence and kitchen are shared’; Allahabad HC quashes order cancelling Anganbari Worker’s appointment

Allahabad HC directed the District Programme Officer to reinstate the petitioner as Anganbari Worker to discharge her duties and to pay her salary month by month.

Habeas Corpus not substitute in custody disputes

Case Briefs High Courts

‘Writ of Habeas Corpus not substitute for meticulous determination of custody disputes’: P&H HC refrains from imposing costs on mother

‘The extraordinary jurisdiction of a writ Court should be invoked when the foundational jurisdictional fact of child being in illegal custody is demonstrably established or such exercise of jurisdiction is warranted by welfare of the child.’

Case Briefs High Courts

‘Lack of seriousness by Railways’; Chhattisgarh HC takes suo motu cognizance of lack of financial assistance to electrocuted contract worker

Noting the Union’s plea for some time to respond, the Court opined that such a plea reflected a lack of seriousness on the part of the Railways, particularly when the victim was admitted in hospital and struggling for his life.