High Courts Archives

Madras High Court refuses to transfer 3-year-old son’s custody to biological mother; Grants her liberty to visit him once a week

Madras High Court closed the Habeas Corpus Petition with a liberty to the petitioner to visit her minor child at the house of the respondent 5, once a week

Case Briefs High Courts

‘Live in relationship still continues as a stigma in the Indian culture’: Chhattisgarh HC upholds dismissal of father’s application seeking child custody

“It is very easy for the married man to walk out of the live in relationship and in such case the court cannot shut their eyes to the vulnerable condition of the survivor of such distressful live in relationship and children born out of such relationship.”

Case Briefs High Courts

Bombay High Court dismisses plea challenging its “Rules for Presentation and Conduct of Proceedings in Person by Parties”

The “Rules for Presentation and Conduct of Proceedings in Person by Parties” does not apply if a party desires to appear in person when the proceedings are related to applications for temporary bail, parole, furlough, and habeas corpus.

Case Briefs High Courts

‘Retirement benefits are hard-earned benefits, not gifts’: Manipur HC quashes an order demanding deduction from retirement gratuity

“It is well settled that pension is not a bounty, being a hard-earned benefit of an employee who has put in long and dedicated service till the age of retirement.”

Case Briefs High Courts

J&K and Ladakh HC grants bail to relatives accused of gang rape; Takes note of woman’s tendency to improvise allegations involving her in-laws in heinous offences

The Court noted that the 2nd Respondent did not mention the allegations of gang rape in her written complaint before the Police, however while recording her statement under S. 164, CrPC, she levelled allegations of gang rape on the petitioners for the first time.

Case Briefs High Courts

Provide adequate infrastructure to implement phone calls and e-mulakaat facilities for inmates in prisons: Bombay HC directs State

Counsel for petitioner states that exclusion of Pakistani prisoners from operation of the Government Resolution dated 22-3-2024 is not lawful.

Case Briefs High Courts

[Rape & Murder of 6-yr-old] ‘Every saint has past & every sinner has future, human endeavour should be to hate sin & not sinner’; Orissa HC commutes death sentence to life imprisonment

“In case of no material on record including circumstances to satisfy the ingredients of ‘rape’ or ‘aggravated penetrative sexual assault’ committed on the deceased minor, it would be too risky to convict the accused either under Section 376-AB of the IPC or under Section 6 of the POCSO Act. The ingredients of offence under Section 354 of the were squarely made out.”

Case Briefs High Courts

Pepper Spray could not be used as private defence in absence of any prima facie imminent threat to life: Karnataka HC

The Court noted that pepper spray is undoubtedly a dangerous weapon and refused to quash crime registered against the petitioners for using pepper spray as private defence on respondents during a quarrel.

Case Briefs High Courts

Delhi HC refuses plea of ailing accused to be admitted in specialized care facility; Sends him back to Tihar Jail

The Delhi High Court directs for a Medical Board to be constituted at AIIMS to examine the deteriorating health of ailing accused.

Case Briefs High Courts

‘Sacrosanct right of woman to bodily integrity under Art. 21’: Kerala HC allows minor rape victim to terminate pregnancy of 28 weeks

“The right of a woman or a girl to make autonomous decisions about her own body and reproductive functions is at the very core of her fundamental right to equality and privacy”

Case Briefs High Courts

Never thought one day God would be a litigant before us; Delhi High Court imposes costs of Rs. 1 lakh due to abuse of legal process

Delhi High Court stated that to avoid Appellant 1 advancing the contention that the costs had to be shared by Lord Hanuman, it is clarified that the costs would be entirely payable by him.

Case Briefs High Courts

‘Failed to consider difference between Punjab and Punjabi language’: Punjab and Haryana HC set aside syllabus of Paper 1 for Punjabi language in teachers recruitment exam

“Since all the candidates are expected to have passed Punjabi language in the matriculate examination, testing them on the said language in a selection process cannot be said to be changing the rule.”

Case Briefs High Courts

Karnataka HC holds Para 83, Employees Provident Fund Scheme, 1952 and Para 43A, Employees’ Pension Scheme, 1995, unconstitutional

The new provisions which were introduced to cover international workers under the EPF Scheme, was held to be violative of Art. 14 of the Constitution.

Case Briefs High Courts

[NGO Operation Asha] Delhi High Court grants leave for suit alleging underlying corruption in foreign funds meant for Tuberculosis Treatment in India

IFAR as well as the multiple audit reports in relation to the administration and financial affairs of the society, including under the chairmanship of Justice Easwar, clearly disclose that the manner in which the affairs of the society are being run, requires closer consideration and scrutiny.

Case Briefs High Courts

Punjab and Haryana High Court stays effect and operation of the circular related to taxability of corporate guarantees

Petitioner contended that such discrimination between petitioner and other assesses who were supplying any other goods/service to related persons, being arbitrary and without any rational nexus, is violative of Article 14 and Article 19(1)(g) of the Constitution.

Case Briefs High Courts

EWS admissions now permissible beyond December 31 in Academic Sessions: Delhi High Court

It can no longer be said that the fixing of cutoff date 31 December as a date beyond which no order of provisional admission can be passed, is a principle which should be regarded as judicially binding, till a hierarchically superior court speaks on it.

Case Briefs High Courts

Non-production of the accused before Trial Court on 70 occasions; Bombay HC grants bail; Flags procedural failure by prosecution

Even though the applicant in the instant case was accused of serious crimes, the Court granted bail stating that an accused must be granted bail if their trial was not effectively progressing and protracted for no fault of theirs.

Case Briefs High Courts

‘Educational certificates are not marketable commodities under Contract Act’ ; Madras HC directs Thanjavur Medical College to return Student’s original certificates

“Educational certificates are not marketable commodities within the meaning of Section 171 of the Contract Act, 1872.”

Case Briefs High Courts

Misconduct of overwriting on gate pass, to save one day’s leave, not enough for dismissal from service: Bombay High Court

The Court observed that the Labour Court’s Award is not happily worded, especially where it holds that in absence of a police complaint, employee’s act of overwriting on gate pass cannot be considered forgery.

Case Briefs High Courts

Victims of Terrorism |No bar in raising a claim for compensation, even after lapse of considerable period under Revised CSACV Scheme: J&K and Ladakh HC

The petitioners to be entitled to compensation under Revised CSACV Guidelines, 2022 for a tragic incident in 2007 wherein their children died due to blast caused by an unexploded shell.