High Courts Archives

Offences u/s 21 of POCSO Act bailable; pre-arrest bail not maintainable: Himachal Pradesh High Court

“The classification of the offences under the Criminal Procedure Code clearly shows that if the offences are punishable with imprisonment for less than three years, the offences are bailable and non-cognizable.”

Case Briefs High Courts

‘Section 24 of Hindu Marriage Act, 1955 is gender neutral’, Delhi High Court reduces maintenance pendente lite from Rs. 30,000 to Rs. 21,000

“The spouse having reasonable capacity of earning but chooses to remain unemployed without indicating sincere efforts to gain employment, should not be permitted to saddle other party with one sided responsibility of meeting out expenses.”

Case Briefs High Courts

Can the age of ink be determined? Bombay High Court explains

While relying on the Madras High Court’s decision, Bombay High Court opined that there was no justification to take up a futile attempt to find out the age of ink on the instrument under question.

Case Briefs High Courts

Women cannot be presumed to have disowned their residential rights at parental home after marriage: Madras High Court

“A choice and will of a woman to exercise residential choice at her natal home should not be viewed through patriarchal prism to deny her the residential status there”

Case Briefs High Courts

Orissa High Court grants bail to a blind PMLA accused in chit fund scheme case for lack of evidence

The Court also considered the fact that the accused is a permanent resident of his locality, having his family members and ancestral property, hence, there is no scope of absconding if the accused person is granted bail.

Case Briefs High Courts

Former Resident Additional Collector accused of installing Spy Cam in District Collector’s chamber; Gujarat HC grants bail

The Former Resident Additional Collector had also set up a honey trap for the District Collector in order to gain access to some controversial land clearance files.

Case Briefs High Courts

Calcutta High Court quashes conviction under Essential Commodities Act due to technical irregularities in inspection and prosecution

The Calcutta High Court stated that Mens rea, a crucial element for a criminal offense, was not established merely by the omission of the license number.

Case Briefs High Courts

Delhi High Court directs The Wire to remove alleged defamatory article on Delhi Chief Secretary Naresh Kumar

While freedom of speech and expression is sacrosanct, the reputation of a person earned over several decades, cannot be sacrificed at the altar of such freedom, when the impugned publication, ex-facie, contains unsubstantiated allegations and defamatory imputations, regardless of the truth.

passport minor child separated from mother

Case Briefs High Courts

Rajasthan High Court directs authorities to issue passport to a minor separated from his mother

“It is not even a case where father is objecting to the issuance of the passport. On the other hand, he has chosen to abandon the child. Father of the minor has not even cared to pay any child care support money in terms of the settlement arrived as per the divorce decree.”

Case Briefs High Courts

Allahabad HC quashes demolition orders against Radhasoami Satsang Sabha on violation of principles of natural justice

“Natural justice is an important concept in administrative law. It is not possible to define precisely and scientifically the expression Natural Justice. The principle of natural justice or fundamental rules of procedure of administrative action, are neither fixed nor prescribed in any code”

Case Briefs High Courts

Calcutta High Court upholds West Bengal Medical Council election finding no ‘gross illegality’

The Calcutta High Court affirmed the petitioner’s locus standi, i.e., right to challenge the election process based on the infringement of rights as a registered medical practitioner.

Case Briefs High Courts

[General Code of Conduct] Term ‘athlete’ includes coach along with staff; Delhi High Court refuses to interfere with suspension order passed by Paralympic Committee

The Petitioner is an Arjuna Awardee and is a Commonwealth and Asian Games medalist swimmer and was also appointed swimming team coach for the 2016 Rio Paralympic Games who was suspended from participating and being sponsored in any sports event organized by Paralympic Committee of India for three years.

Case Briefs High Courts

Investigating Agency must justify arrest under UAPA; No rule of thumb to determine whether accused is ‘clear and present danger’: J&K and Ladakh HC

The High Court meaningfully stated the existence of prima facie evidence against the accused is to no avail if there is no justification for the arrest based on the doctrine of clear and present danger to the society.

Case Briefs High Courts

Delhi High Court directs Acko General Insurance to take down social media listings displaying ‘Humanity’ mural of St+Art India Foundation

“The hoarding incorporating the mural would reveal that it is clearly an advertisement and that defendant’s advertisement reproduced plaintiff’s mural titled ‘Humanity’.”

Case Briefs High Courts

Fake Passport and Visa Stickers | Gujarat HC denies bail to person accused of making 79 fake passports

The Court said that there are chances that “if the accused is enlarged on bail, he may utilize his international contacts all over the world for himself and may fly away”.

Case Briefs High Courts

Delhi High Court directs GNCTD to constitute ‘High-Powered Committee‘ for implementation of 6th and 7th Central Pay Commission for unaided minority schools

Any employee working with an organization has the reasonable expectation of being paid a salary decently so that he can afford a decent standard of living from the said income. In case, the employee is not paid adequately, the same may render the employee unmotivated to work and the employee may not give his best in the organization and may look for other suitable jobs to supplement his/ her income.

Case Briefs High Courts

Punjab and Haryana HC grants bail to Ex-CIA Officer charged of helping Sidhu Moose Wala murder accused in absconding

It was alleged that the said accused absconded from custody under a conspiracy, since the petitioner took him away alone in his private vehicle in the absence of any other security along with him.

Supreme Court Bar Association Housing Society elections

Case Briefs High Courts

Delhi High Court directs Supreme Court Bar Association Housing Society to conduct fresh elections; Appoints Justice Dhingra as the Returning Officer to conduct the elections of the Board

As there cannot be a vacuum in law, the process of election cannot be stalled specially, when a provision exists, whereby, fresh election has to be conducted in a particular manner.

Case Briefs High Courts

Even a voluntarily signed blank cheque leaf would attract presumption under section 139 of NI Act: Kerala High Court

Kerala High Court stated that the petitioner failed to adduce any cogent evidence to prove that the cheque in question was not aimed at discharging any legally enforceable debt.

Case Briefs High Courts

Revenue Courts cannot pass order by using rubber stamp seal: Allahabad HC directs Board of Revenue to apprise Courts, the way order sheet should be drawn

Allahabad High Court had cleared that it has not examined the case of either of the parties on merits and the Authority/Court concerned shall be free to decide the matter strictly in accordance with law.