High Courts Archives | Page 2 of 292

J&K and Ladakh HC | “No Court should tune out terrorist activities”; HC refuses to interfere with preventive detention of man involved in Pulwama conspiracy

Jammu & Kashmir and Ladakh High Court: While dismissing the petition seeking release from preventive detention to the detenu involved in Pulwama

Case Briefs High Courts

MP HC | Does physical relationship with a minor wife come within the category of rape?

Madhya Pradesh High Court: G.S. Ahluwalia J., rejected a bail application under Section 439 of CrPC. The appellant was arrested on 31-01-2021

Case Briefs High Courts

[Child Marriage] P&H HC | Marriage with a minor is valid if no attempt is made to declare it invalid once the child turns major

Punjab and Haryana High Court: The Division Bench of Ritu Bahri and Arun Monga, JJ., held that marriage with minor is valid

Case Briefs High Courts

Utt HC | Judicial order necessarily has to be a reasoned one; Court finds reasoning by the Single Judge cryptic, remands the case back

Uttaranchal High Court: The Division Bench of Raghvendra Singh Chauhan, CJ. and Narayan Singh Dhanik, J. decided on a petition which was

Case Briefs High Courts

Bom HC | Is it possible to frame a charge against accused for abetment of suicide and in the alternative for committing murder? Law on framing of charge explained

Bombay High Court: Sandeep K. Shinde, J., explained as to when a charge in the alternative can be framed against an accused

Case Briefs High Courts

Did Aryan Khan with other two accused hatch a conspiracy to commit offence under NDPS Act? Read Bom HC’s view in bail order with respect to WhatsApp Chats, unlawful intention, etc.

Bombay High Court: While laying down the detailed reasons of bail in the infamous Aryan Khan case, Nitin W. Sambre, J., held

Case Briefs High Courts

Ker HC | “Mere abusive, humiliating or defamative words by itself cannot attract an offence of obscenity under Section 294 (b) of IPC”; HC quashes proceedings against person who allegedly harassed the Police

Kerala High Court: Mohammed Nias C.P., J., quashed the proceedings against the petitioner for obstructing a police officer from performing his duty.

Case Briefs High Courts

An advocate engaged by a client, can he also act as his power of attorney in the proceedings and verify pleadings? Del HC says no

Delhi High Court: Prathiba M. Singh, J., observed that an advocate who is engaged by a client has to play only one role,

Case Briefs High Courts

Sikk HC | Prosecution not able to establish beyond a reasonable doubt that the Appellant was the perpetrator of rape of the minor; acquits accused

Sikkim High Court: The Division Bench of Meenakshi Madan Rai and Bhaskar Raj Pradhan, JJ., allowed an appeal which was filed in

Case Briefs High Courts

Bronchial Asthma very common in North India: Read detailed opinion of Del HC on dismissing Airman’s plea for transfer

Delhi High Court: Division Bench of Manmohan and Navin Chawla, JJ., dismissed a petition for transfer request on grounds of suffering from

Case Briefs High Courts

MP HC | Sub committee submits its report and recommendations regarding upgradation of Forensic Science Department; Court ratifies

Madhya Pradesh High Court: As per the order dated 02-09-2021 the Court had passed a detailed while raising an expectation from the

Case Briefs High Courts

[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim

Orissa High Court: S. K. Panigrahi, J. disposed of the petition and refused to terminate 24+ week pregnancy of a rape victim.

Case Briefs High Courts

Ori HC issued directions regarding doctors being attached to Government Health Facilities and carrying on private practice without attending their duties at the Government Health Facilities

Orissa High Court: A Division Bench of S. Muralidhar, CJ and A. K Mohapatra, J., issued directions regarding Doctors being attached to

Case Briefs High Courts

POCSO | Putting penis into mouth will fall under which category – Aggravated Sexual Assault or Penetrative Sexual Assault? All HC answers

Allahabad High Court: Anil Kumar Ojha, J., while addressing a matter of child sexual assault, expressed that, Putting penis into the mouth

Case Briefs High Courts

‘Citizens must refrain from taking law in their own hands’: Cal HC observes while granting anticipatory bail to petitioners apprehending arrest for rioting, vandalism, etc.

Calcutta High Court: Expressing that, “Time has come that every dutiful citizen of the country must realize their duties and accountability to

Case Briefs High Courts

What is more significant: Competing rights of guardianship or Welfare of minor? All HC decides

Allahabad High Court: Dr Y.K. Srivastava, J., expressed that, in a matter of custody of a minor child, the paramount consideration is

Case Briefs High Courts

Ker HC | Swap Kidney Transplantation between non-relatives; HC removes legal hurdles

Kerala High Court: N. Nagaresh, J., allowed swap kidney transplant between non-relatives. Opining that any law prescribing procedure for organ transplantation should

Case Briefs High Courts

Kalkaji Temple | Del HC issues directions for removal of unauthorized shopkeepers, Sanitation facilities, Potable Drinking Water, Garbage Disposal, etc. [Details Inside]

Delhi High Court: Prathiba M. Singh, J., laid down directions regarding Kalkaji Temple in Delhi which attracts a lot of devotees. Instant

Case Briefs High Courts

Megh HC | ”Bail and not Jail” Court grants bail to accused charge sheeted for raping own mother

Meghalaya High Court: W. Diengdoh, J., allowed a bail application which was filed under Section 439 CrPC with a prayer for grant

Case Briefs High Courts

J&K and Ladakh HC | “Neither irrational, unreasonable nor arbitrary”; HC holds higher qualification than the maximum qualification prescribed is not suitable qualification

Jammu & Kashmir and Ladakh High Court: The Division Bench of Ali Mohammad Magrey, Sanjay Dhar, JJ., held that in case of

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High Courts

J&K and Ladakh HC | “No Court should tune out terrorist activities”; HC refuses to interfere with preventive detention of man involved in Pulwama conspiracy

MP HC | Does physical relationship with a minor wife come within the category of rape?

[Child Marriage] P&H HC | Marriage with a minor is valid if no attempt is made to declare it invalid once the child turns major

Utt HC | Judicial order necessarily has to be a reasoned one; Court finds reasoning by the Single Judge cryptic, remands the case back

Bom HC | Is it possible to frame a charge against accused for abetment of suicide and in the alternative for committing murder? Law on framing of charge explained

Did Aryan Khan with other two accused hatch a conspiracy to commit offence under NDPS Act? Read Bom HC’s view in bail order with respect to WhatsApp Chats, unlawful intention, etc.

Ker HC | “Mere abusive, humiliating or defamative words by itself cannot attract an offence of obscenity under Section 294 (b) of IPC”; HC quashes proceedings against person who allegedly harassed the Police

An advocate engaged by a client, can he also act as his power of attorney in the proceedings and verify pleadings? Del HC says no

Sikk HC | Prosecution not able to establish beyond a reasonable doubt that the Appellant was the perpetrator of rape of the minor; acquits accused

Bronchial Asthma very common in North India: Read detailed opinion of Del HC on dismissing Airman’s plea for transfer

MP HC | Sub committee submits its report and recommendations regarding upgradation of Forensic Science Department; Court ratifies

[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim

Ori HC issued directions regarding doctors being attached to Government Health Facilities and carrying on private practice without attending their duties at the Government Health Facilities

POCSO | Putting penis into mouth will fall under which category – Aggravated Sexual Assault or Penetrative Sexual Assault? All HC answers

‘Citizens must refrain from taking law in their own hands’: Cal HC observes while granting anticipatory bail to petitioners apprehending arrest for rioting, vandalism, etc.

What is more significant: Competing rights of guardianship or Welfare of minor? All HC decides

Ker HC | Swap Kidney Transplantation between non-relatives; HC removes legal hurdles

Kalkaji Temple | Del HC issues directions for removal of unauthorized shopkeepers, Sanitation facilities, Potable Drinking Water, Garbage Disposal, etc. [Details Inside]

Megh HC | ”Bail and not Jail” Court grants bail to accused charge sheeted for raping own mother

J&K and Ladakh HC | “Neither irrational, unreasonable nor arbitrary”; HC holds higher qualification than the maximum qualification prescribed is not suitable qualification

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Dishonour of Cheque | Not filling details in cheque, Non-filing of ITR by complainant, Handing over cheque as security, etc.: Delhi Court discards all defence, orders conviction under S. 138 NI Act

Does an arbitration clause in an agreement bar consumer forum’s jurisdiction? NCDRC answers relying on SC decision

If a wife is able to maintain herself and continue with same lifestyle as she was accustomed to in matrimonial home, can she still be granted maintenance? Court deciphers

Law on appointment of arbitrator | What happens if parties fail to agree on arbitrator within 30 days from receipt of request by one party? Del HC explains

If a cheque was issued in favour of complainant, would she still be required to prove loan transaction as she would have been in civil trial recovery? Court explains

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Dishonour of Cheque | Not filling details in cheque, Non-filing of ITR by complainant, Handing over cheque as security, etc.: Delhi Court discards all defence, orders conviction under S. 138 NI Act

[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim

Land Acquisition| Right under Section 5A of 1894 Act to stave off compulsory acquisition cannot be unjustifiably extinguished: SC

Harassment to grab senior citizen’s property | 94-year old father approaches Court stating he doesn’t want his daughter even for one-minute longer: Read Bom HC’s decision

POCSO | Putting penis into mouth will fall under which category – Aggravated Sexual Assault or Penetrative Sexual Assault? All HC answers

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