High Courts Archives

removal of female advocate’s intimate videos

Inside Madras HC Ruling on removal of female advocate’s non-consensual intimate photos, videos from internet

“The distribution and transmission of the video reached such an extent that the advocate was subjected to scrutiny about the video and its contents by various individuals including her clients and peers in the same profession.”

messages containing profanity not stalking

Case Briefs High Courts

Mere sending or exchange of messages containing profanity would not amount to stalking: Karnataka High Court

The Court found that the instant case revolved around seriously disputed questions of fact, which would require further proceedings before the Court concerned.

Case Briefs High Courts

Repeated non-appearance of advocates amounts to professional misconduct, abuse of Court process: Allahabad High Court

“A judicial system has less than sufficient resources to afford justice without unreasonable delay to those having genuine grievances.”

Case Briefs High Courts

Section 9 Family Courts Act| Appointment of Counsellors in Family Courts mandatory: Patna High Court

The Court directed the Registrar General to collect and collate a comprehensive report to specifically inform the Court about the appointment of counsellors in the Family Courts across the State.

Valid TDS payment triggers fresh period of limitation

Case Briefs High Courts

“Valid TDS payment triggers a fresh period of limitation under Section 19”; Delhi High Court allows partial financial claim by an Ad Company

The dispute arose from unpaid advertising invoices raised by Planet Advertising Pvt. Ltd. between July and November 2014 for campaigns executed for Ambience Pvt. Ltd. The plaintiff claimed Rs. 1.03 crore, asserting that part-payment, backdated purchase orders, and TDS deductions extended the limitation period.

Case Briefs High Courts

Kerala HC grants 15-day parole to life convict for wedding; Acknowledges bride’s brave commitment

“Here is a case where a brave and loving girl wants to marry the son of the petitioner, who is undergoing life imprisonment at High Security Prison, Viyyur.”

compensation for son’s motor accident death

Case Briefs High Courts

‘Deceased a workman, not gratuitous passenger’; Sikkim HC awards Rs 21.89 lakh compensation to parents for son’s accidental death

“The deceased was a gratuitous passenger based on hearsay knowledge from persons who did not enter the witness box, but, on a preponderance of probabilities, the evidence on record clearly suggest that the deceased was a workman working with the owner.”

bail to man accused of raping wife before marriage

Case Briefs High Courts

‘Circumstances indicate attempt to convert consensual relationship into rape’; Kerala HC grants anticipatory bail to man accused of raping wife before their marriage

“When attempts are made to compel the parties to yield to their demands in a matrimonial dispute, recourse to criminal proceedings would defeat the interest of justice, especially if custodial interrogation is permitted. Hence, I am satisfied that this is a fit case where accused ought to be granted pre-arrest bail.”

Case Briefs High Courts

‘Conviction doesn’t extinguish right to defence’: Telangana HC allows second DNA test for 80-Year-old convict in POCSO case

“Even if there is an iota of doubt as to the sanctity of the procedure or the correctness of the evidence, the accused should be given an opportunity to disprove the earlier test result”

woman arrested after sunset in bank fraud case

Case Briefs High Courts

‘Arrest illegal’; Bombay HC grants bail to a woman arrested after sunset in a bank fraud case

“CrPC describes the manner and the extent to which a person can be denuded of his liberty and, therefore, needs strict compliance. Any violation of the prescribed procedure in the matter of arrest can, therefore, be declared as illegal.”

Case Briefs High Courts

Use of doppler device to monitor foetal heartbeat not ‘pre-natal diagnostic procedure’ under PCPNDT Act: Gujarat HC

There is a conspicuous absence of any material evidence indicating that the petitioner carried out or attempted to carry out any diagnostic technique/procedure falling within the scope of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.

Case Briefs High Courts

Madras HC: Necessary to modify existing rules; prepare standards and forms for import of ayurvedic drugs

“There is a strong public interest element, specifically public health element, in relation to the import of drugs. The drug involved in this case is Axe Medicated Oil and, in that specific context, the public health threat may not be significant.”

BNS offences recognised as Scheduled offences

Case Briefs High Courts

IPC offences in the PMLA Schedule must be interpreted as dynamically updated to their corresponding provisions under BNS: Bombay HC

“If the enforcement of the PMLA is disrupted just because the IPC has been replaced with a new code, the entire mechanism would come to a halt, and offenders would escape liability due to a technicality.”

Case Briefs High Courts

Karnataka HC quashes proceedings against HUL MD & CEO Rohit Jiwa over contaminated Horlicks biscuits

Special Court for economic offences took cognizance for offences punishable and Sections 51 and 59 of Food and Safety Standards Act, 2006 (2006 Act) and initiated proceedings against Rohit Jiwa.

Case Briefs High Courts

‘Accused cannot be held guilty based on high speed alone’: Himachal Pradesh HC acquits truck driver in motor accident case

“The accused cannot be held liable based on high speed alone without any further evidence that the accused was in breach of his duty to take care which he had failed to do.”

Case Briefs High Courts

‘Specific Geographical Identifiers would ensure no confusion’; Delhi HC decides Chile-Peru dispute over naming alcoholic beverage ‘PISCO’

The facts and documents on record clearly establish that both Chile and Peru, are using the word PISCO for their alcoholic beverages, and the impugned order had completely disregarded their shared history regarding manufacture of the beverage PISCO.

Case Briefs High Courts

Violation of Natural Justice: Bombay HC quashes Municipal Corporation’s decision sanctioning road line through plot under ongoing slum rehab scheme

“The impugned road line had affected petitioner’s civil rights and therefore opportunity of hearing was necessary, though not specifically provided in Section 291 of the MMC Act and subsequently the Slum Rehabilitation Authority needs to properly apply its mind to all the relevant factors after granting opportunity of hearing to all parties concerned.”

parole application must be decided in 4 months

Case Briefs High Courts

P&H HC sets 4-month deadline for deciding parole applications; Convicts can file contempt cases in case of unjustified delay

“Providing opportunities for temporary release ensures that the ties between the prisoner and the society are not severed. Ensuring that the incarcerated have healthy roots in the society greatly assists in their rehabilitation and reintegration.”

Case Briefs High Courts

Section 125 CrPC | Levirate Marriages validated by custom, cohabitation, social acceptance, and the birth of children, must be treated as valid: Patna High Court

The Court held that a woman having lived as a wife, borne children, and been deserted without support, falls within the protective umbrella of Section 125 CrPC and the technical plea of invalidity of marriage cannot be a valid ground to deny her maintenance.

Case Briefs High Courts

Inside Bombay High Court Ruling on convenience fees on online Movie ticket bookings

“The legislation touching upon price control in India has always been specific, eloquent and reasonable, even though important, restriction on the right to carry on business has never been sought to be achieved indirectly or by implication and without setting out a statement of the policy of the legislature on this behalf.”