High Courts Archives

Is watching child pornography an offence under POCSO Act or S. 67B of IT Act? Madras High Court answers

“Due to accessibility of sexually explicit material on the internet, porn addiction is becoming a growing concern in teenagers. With the click of a button, they can be exposed to endless pages of adult content”

Case Briefs High Courts

‘Absolutely Gender Insensitive of GPSC for expecting woman to travel 300 Kms to interview after 3 days of delivering child’: Gujarat HC

The interview for the post of Assistant Manager (Finance and Accounts) Class II was fixed on 01-01-2024 in Gandhinagar and the petitioner had delivered her child on 31-12-2023 in Gandhidham, which is about 300 kms away from the place of interview.

Case Briefs High Courts

Appeal against order of acquittal u/s 138 of Negotiable Instruments Act, 1881 lies to High Court u/s 378(4) of CrPC: Chhattisgarh High Court

“Any allegation made orally or in writing to a Magistrate that some person, has committed an offence, will fall within the meaning of ‘complaint’. Pertinently, the definition specifically excludes a police report.”

Case Briefs High Courts

True love between individuals cannot be controlled through State action; Delhi HC quashes FIR against a man who eloped with an alleged minor girl

“In the present case, the future of families of the parties and the two daughters born out of this wedlock, and their beautiful harmonious life, they have built together in the last nine years, is at stake and dependent on the outcome of the present petition.”

Case Briefs High Courts

‘Male chromosome not female chromosome determines gender of unborn child’; Delhi High Court refuses bail in dowry death case

A woman has lost her life for giving birth to females which should be totally unacceptable to a conscientious society. Such offences must be considered grave and serious when the trial is yet to be begin.

Case Briefs High Courts

Delhi High Court denies parole to Ravi Kapoor serving life imprisonment in Soumya Vishwanathan and Jigisha Ghosh murder cases

“There is a need to respect the rights of convicts and need to acknowledge the importance of being released on parole for several purposes, including for maintaining social ties with family. However, the Courts are bound to consider counterbalancing public interest while deciding issue of grant of parole.”

Case Briefs High Courts

‘Right to get pension immediately after retirement is a recognised right’; Calcutta High Court directs payment of retiral benefits

Calcutta High Court held that any wrong deductions from the petitioner’s salary should not defeat the rightful claim for pension, a recognized right immediately after retirement.

Case Briefs High Courts

Himachal Pradesh High Court stays registration of contempt of court case against HPNLU Vice Chancellor

“Prima facie, even before the registration of contempt case against the Vice Chancellor of Himachal Pradesh, National Law University, Single Judge could not have given a finding that she had committed wilful disobedience of the Court’s order.”

Case Briefs High Courts

Know why Kerala High Court refused abortion for minor impregnated by minor brother

The Court also peremptorily directed the parents to ensure that the minor brother against whom allegations were made for impregnating his minor sister was not allowed anywhere near her or to have access to her in any manner.

Case Briefs High Courts

Calcutta High Court upholds eviction decree on non-compliance of stringent requirements under Section 7 of the W.B. Premises Tenancy Act, 1997

Calcutta High Court observed that the Compliance with mandatory provisions, specifically Section 7(1) and (2), is crucial for a tenant defending against eviction under the West Bengal Premises Tenancy Act.

Case Briefs High Courts

Benefit of interim maintenance cannot be denied merely based on unproven allegations of illicit relationship: Delhi High Court

“The object of the Domestic Violence Act, 2005 is to provide for more effective provisions to safeguard the rights of the women who are victims of violence of any kind occurring within the family, and for matters connected therewith or incidentally thereof.”

Case Briefs High Courts

Calcutta High Court upholds Presidency Small Cause Court’s jurisdiction to decide ejectment suit under W.B. Premises Tenancy Act, 1997

The Calcutta High Court upheld legislative competence to confer jurisdiction on Presidency Small Cause Court, considering the specific language of Section 12A excluding jurisdiction of any other court.

Case Briefs High Courts

“Press must refrain from publishing contents that are manifestly defamatory in nature, Must duly verify such content”; J&K and Ladakh HC observes

The High Court further stated that, truth is no defence for publishing defamatory material against a private citizen where no public interest is involved.

Case Briefs High Courts

‘Temporary nature of agreement and renewals indicates license status’; Calcutta High Court orders eviction

“Even if there are certain clauses which the parties may have aided from the tenancy legislation, is no ground to … declare the unambiguous leave and licence agreement to be an agreement of tenancy ignoring preponderance of probability.”

Case Briefs High Courts

J&K and Ladakh HC quashes the detention order issued in 2022 based on an FIR registered against a detenue in 2004

The petitioner was detained in June 2022 based on a FIR registered against him in 2004. However, the petitioner had already been acquitted from the charges levied against him in 2004.

Case Briefs High Courts

Delhi High Court issues directions for immediate financial assistance and recovery of back wages for rescued child labourers

“Benefits to labourers under Standard Operating Procedure formulated by Government of Delhi provided that Labour Department must immediately initiate proceedings for recovery of back wages from accused employers/owners, including wages for overtime in accordance with Minimum Wages Act, 1948.”

Case Briefs High Courts

‘Similar to mark GK HAIR’; Delhi High Court restrains use of mark ‘GK WELLNESS’ for hair care products in infringement suit by company Van Tibolli

“Refusal of injunction will be contrary to public interest, as there will be likelihood of confusion, in the public, between the products of defendants and plaintiffs because of similarity of the marks used by them.”

Case Briefs High Courts

Calcutta High Court quashes KMC’s action under Section 17A of West Bengal Inland Fisheries Act, 1984 over Water Body Restoration dispute

Calcutta High Court held that Kolkata Municipal Corporation’s (KMC) actions under Section 17A of the West Bengal Inland Fisheries Act, 1984 without proper findings on water body’s capability illegal.

Case Briefs High Courts

[Contempt of Court] Delhi High Court sentences advocate to six months in jail for making scandalous, unwarranted and baseless imputations against Judges

“It is incumbent upon the Courts of justice to check such actions with a firm hand which otherwise will have pernicious consequences.”

Case Briefs High Courts

Calcutta High Court rejects Post-Retirement Regularisation due to irregular appointment and lack of sanctioned post

Calcutta High Court rejected the claim of discrimination based on the regularisation of other employees.