High Courts Archives

‘Special Judge failed to appreciate requirement of proving charge beyond reasonable doubt’; Calcutta High Court quashes conviction under Essential Commodities Act, 1955

Calcutta High Court emphasized that the prosecution did not provide sufficient evidence to establish when and how the rice was weighed.

Case Briefs High Courts

Unexplained prolonged criminal trial violates constitutional rights; Denial of Government Servant’s rights impending delayed trial is double jeopardy: Orissa HC

“The act of keeping the petitioner’s promotion recommendation in sealed cover without even once subjecting it to review, is nothing but adding insult to an injury”.

Case Briefs High Courts

Accomplishments of athletes with intellectual disabilities often forgotten; Delhi High Court allows PIL highlighting irregularities in functioning of Special Olympics Bharat

The Court appreciated the incredible accomplishments of the athletes that represented India in the Special Olympics World Games, 2023 held in Berlin under the able and commendable guidance of SOB The athletes representing India finished their campaign with 200 medals.

Case Briefs High Courts

Delhi High Court directs Bar Council of Delhi to act against advocate for alleged fabrication of document placed on record

Delhi High Court noted that after coming to know that the said document was manufactured, respondent 1 filed a complaint before the Bar Council of Delhi against Mr. Sanjay Aggarwal, Advocate.

Case Briefs High Courts

Depriving furlough to convict undergoing long term imprisonment counterproductive to reformative approach: Delhi HC grants furlough to man convicted of rape and murder of minor

“Only on the basis that the convict has committed a gruesome crime many years ago, it cannot be said that his temporary release on furlough would be against the interest of the society.”

Case Briefs High Courts

Obtaining licence to run restaurant without specifying any area as smoking zone, does not entitle owner to run restaurant as hookah centre: Telangana High Court

“Restrictions imposed by law for supply and serving of tobacco products including serving hookah cannot be said to be violative of Article 19(1)(g) of the Constitution.”

Case Briefs High Courts

Delhi High Court restrains rogue websites from disseminating copyright content of Universal City Studios

Technology has posed a major challenge for entities like the Plaintiffs as there is a proliferation of many platforms including websites from where unauthorised, unlicensed and pirated content of the Plaintiffs can be downloaded, accessed and viewed by customers and viewers.

Case Briefs High Courts

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.