High Courts Archives

Kerala High Court directs sensitizing Police Officers for effective compliance of Mental Healthcare Act 2017

Kerala High Court said that a fair and impartial trial is an insegregable facet of Article 21 which aims that the accused is not prejudiced, injustice is ostracised and fairness is not hampered in the interest of the accused, victim and society.

Case Briefs High Courts

Meghalaya High Court grants bail to HIV Positive Female Accused under NDPS Act

The applicant was an HIV Positive Patient for which she required specialized treatment, thus, the Court decided to release the applicant on bail.

Case Briefs High Courts

[Gang Rape] Delhi High Court modifies sentence of five men involved in kidnapping, abduction, and gang rape; awards life imprisonment

The accused had failed to demonstrate any illegality in the impugned judgment convicting them for the offences of kidnapping, abduction, and gang rape.

Case Briefs High Courts

Homemaker wife contributes equally to husband’s acquisition of family assets; Entitled to equal share in properties: Madras High Court

In generality of marriages, the wife bears and rears children and minds the home. She thereby frees her husband for his economic activities. Since it is her performance of her function which enables the husband to perform his duties, thus she is entitled to share in its fruits.

Case Briefs High Courts

Gauhati HC directs the State of Assam to expediate the process of constituting a Transgender Welfare Board

The Court noted the submission that a Welfare Board will help in addressing issues faced by the Transgender persons in the State.

Case Briefs High Courts

[Appointment of Archaka] Person of any caste can be appointed, provided he is well-versed in Agamas: Madras HC reiterates

Appointments of Archakas will have to be made in accordance with the Agamas, subject to the further caveat that the Agama that is followed is in conformity with the Constitutional mandates and it does not violate the same.

Case Briefs High Courts

Land Grab attempted on former Supreme Court Judge’s land; Jharkhand High Court takes suo motu cognizance

The Jharkhand High Court made it clear that the stature of the person whose land grab was attempted is not important, but the situation is the reason that the Court took cognizance of the instant matter.

Case Briefs High Courts

“Took copyright for granted”: Karnataka HC refuses to quash copyright violation case against Congress leaders for using songs of KGF- Chapter 2 without permission

Tampering the source code without permission and freely playing the audio would undoubtedly amount to infringement of copyright of the complainant.

Case Briefs High Courts

Punjab and Haryana High Court: Woman committing suicide in matrimonial home does not itself make husband and in-laws liable under Section 306 IPC

The Court said that without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained.

Case Briefs High Courts

Reasonable and Adequate opportunity required to file reply to Income Tax Notice; Gujarat HC quashes Assessment Order

A show cause notice-cum-draft assessment order was issued on 29-03-2022 to the petitioner at 11:41 a.m. and the petitioner was asked to submit a reply before 23:59 p.m. on the very same day.

Case Briefs High Courts

[Suicide] | Educational institutions must recognise the malady of harsh discipline so that lives of young souls can be saved: Karnataka HC

“Spare the rod and spoil the child” has metamorphosed into “spare the rod and teach the child”, said Karnataka HC while considering a quashment petition by the authorities of Karumbaiah Academy who were alleged to have been responsible for a student’s suicide.

Case Briefs High Courts

Husband-Wife crossed point of ‘No Return’; Gujarat HC upholds Divorce on grounds of Desertion and Cruelty by Wife

The Court said that the parties had reached a stage from where they cannot reconcile themselves, bury their differences and live together forgetting their past as a bad dream.

Case Briefs High Courts

‘Plea of preference to females has no meaning when assessment of other candidates not done’; Patna High Court quashes appointment of librarian

When assessment/marking/evaluation of the candidates have not been done by the Interview Board/Selection Committee of the respective inter se merit of the candidates, the plea of preference has no meaning.

Case Briefs High Courts

[Custodial Death] Delhi High Court upholds conviction of police officers for causing death of a 26-year-old boy accused of robbery

The Supreme Court in State of M.P. v. Shyamsunder Trivedi, (1995) 4 SCC 262 observed that, it would be police officials alone who can only explain the circumstances in which a person in their custody had died.

Case Briefs High Courts

[Adipurush Controversy]: Will I&B Ministry take steps in public interest by invoking revisional power under Cinematograph Act; Allahabad High Court asks Centre

Allahabad High Court has also allowed an application requesting the inclusion of Manoj Muntashir Shukla, the dialogue writer of ‘Adipurush’, as a party in the case and issued notice to him.

Case Briefs High Courts

[Section 498-A] Gujarat HC quashes FIR against 86 years old mother-in-law

The Court said that Section 498-A is being rampantly misused by the complainants and all the family members are roped in the complaint only with a view to harass them.

Case Briefs High Courts

[Stay on Look Out Circular] Bombay High Court reprimands party for finalizing itineraries before seeking Court’s leave

The petitioner had to travel to the USA and London to attend a conference and travel arrangements were already made for other attendees.

Case Briefs High Courts

Inter-Faith Marriage by Major Daughter with her own Free Will; Gujarat HC rejects Habeas Corpus plea by Mother

The Court said that it cannot be concluded that the petitioner’s daughter was abducted against her will and that she was being illegally confined.

Case Briefs High Courts

Whether bar contained under S. 80 of Arbitration Act in selection of forum for arbitration applicable to MSMED Act? Allahabad HC answers

Allahabad High Court said that the MSMED Act, 2006 is a special law and in view of Section 24 the discretion given to Council for selecting the forum of arbitration between the parties has an overriding effect and therefore, at the stage of selection of forum for arbitration by the Council the prohibition contained in Section 80 of the A&C Act will not be applicable.

Case Briefs High Courts

‘Not rarest of rare case’; Delhi High Court commutes death sentence of man for kidnapping and murder of 12-year-old

Though causing death of someone in itself is perversity, however causing death by smothering and inflicting injuries by jack handle though opined to be consistent with intense torture, cannot be held to be a diabolic or seriously perverse manner of committing murder so as to shock the collective conscience of the society and fall in the category of rarest of rare cases.