High Courts Archives

“Disputes requiring both oral and documentary evidence are not ordinarily taken up for examination in writ jurisdiction”: Karnataka HC reiterates

“It is more so when remedy provided under S. 70 of Karnataka Cooperative Societies Act, 1959 happens to be alternate and more efficacious one”.

Case Briefs High Courts

Watching Pornographic content in private not an offence under Section 292 of IPC: Kerala High Court

Kerala High Court cautiously expressed that “Watching pornography may not be an offence. But if minor children start to watch porn videos, which are now accessible in all mobile phones, there will be far reaching consequences.”

Case Briefs High Courts

[Gender Neutrality] Delhi High Court sets aside order discharging female accused persons without any reasonable basis

Writing a judicial order in a careless fashion and making presumptions based on gender does not reflect well on the judicial philosophy of treating all genders equally. Any presumption based on gender has no place within our justice delivery system unless provided by law.

Case Briefs High Courts

“State has forgotten its feminist roots”; Calcutta High Court enhances compensation in Acid Attack case; calls for compliance with Supreme Court directives

Supreme Court had previously directed states to ensure a minimum compensation of Rs. 3 lakhs for acid attack victims. However, the Calcutta High Court acknowledged the need for higher compensation due to the severe physical, economic, social, and psychological ramifications.

Case Briefs High Courts

[Child Beggary] Delhi High Court directs Government of Delhi to file detailed status report on steps taken for rehabilitation of rescued children

“Delhi Commission for Protection of Child Rights is directed to furnish year-wise details of operations conducted by it from 2016 to date.”

Case Briefs High Courts

Public authorities should be made accountable for lapses or failure to discharge its duties: Himachal Pradesh High Court

“Public authorities hold the public funds in trust. The public money cannot be allowed to be wasted by unjustified delays caused by the public authorities in discharge of their duties.”

Case Briefs High Courts

‘Habeas Corpus is a writ of right and not writ of course, cannot be issued to trace out missing persons’: Orissa HC

“Illegal confinement is a pre-condition to issue a writ of habeas corpus, it cannot be issued in respect of any and every missing person”.

Case Briefs High Courts

‘Not an original work u/s 13(1)(a) of Copyright Act’; Delhi HC directs Registrar of Copyrights to expunge copyright registration for work ‘GOORCHARRE MAST SEVIAN’

“If any person or entity mis-describes the work as an original work, when it is actually not and is a copy of another work, such registration will be a registration wrongly remaining on the Register of Copyrights.”

Case Briefs High Courts

[O 26 Rule 10A CPC] Delhi High Court appoints IIT Mumbai as Expert Committee for scientific examination at NBCC Green View project

The Law Commission recommended an amendment of Section 75 CPC and insertion of new Rule 10A, 10B and 10C in Order 26 to meet its objective that there should be a special provision empowering the court to issue commissions for conducting scientific inquiries, when such an inquiry is needed for determination of any issue before the court as observed in its Fifty-Fourth Law Commission Report.

Case Briefs High Courts

Order of acquittal shouldn’t solely hinge on complainant’s non-appearance: Calcutta High Court

Calcutta High Court restored the Complaint Case and set aside the acquittal of accused in cheque bounce case under Section 256 of the CrPC.

Case Briefs High Courts

Gujarat HC allows minor to terminate 19 weeks pregnancy; quotes Skanda Purana highlighting value of mother in society

“माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। इस विश्व में माता के समान कोई जीवनदाता नहीं।”

Case Briefs High Courts

Bombay High Court quashes condition imposed by MHADA citing Wednesbury Principles and Doctrine of Proportionality

In the words of Diplock LJ in Council of Civil Service Unions v Minister for the Civil Service, [1984] 3 WLR 1174, the Wednesbury principle, formulated by Lord Greene, is whether the decision is so outrageous in its defiance of law or logic that it cannot possibly be sustained.

Case Briefs High Courts

[Inter-religion Live-in relationship] Parents cannot interfere in right to freedom of choosing a partner: Allahabad High Court

Allahabad High Court said that in case any disturbance is caused in the peaceful living of the petitioners, the petitioners shall approach the Superintendent of Police with a copy of this order, who shall provide immediate protection to the petitioners.

Case Briefs High Courts

‘Financial instability’ of a spouse is covered under the ambit of ‘mental cruelty’: Delhi High Court

“The marriage ties which if kept lingering on account of irreconcilable differences and protracted litigation, only bring more cruelty and acrimony.”

Case Briefs High Courts

Delhi High Court refuses decree of specific performance in view of creation of third-party interests; Directs compensation of Rs. 15 lakhs

The principle governing the evidence in civil cases is that there should be a preponderance of the events which should be proved unlike in criminal matters, where the evidence have to be proved beyond a reasonable doubt. Moreover, the burden of proof is on the party which will suffer if such evidence is not proved.

Case Briefs High Courts

Delhi High Court upholds validity of Rule 8 of Chewing Tobacco and Unmanufactured Tobacco Packing Machines (Capacity Determination and Collection of Duty) Rules, 2010

“The fact that a particular packing machine is operated only for few days during the month does not result in the duty liability being proportionately reduced or enhanced.”

Case Briefs High Courts

MV Act Compensation | Jharkhand High Court directs Truck owner to compensate gratuitous passenger

The claimant was a passenger travelling in the truck, but the claimant did not state about any of his loaded goods in the statement or having taken the truck on hire

Case Briefs High Courts

Delhi High Court directs Law and Justice Ministry to periodically monitor the status of uploading the Acts on the India Code portal

The petition was filed challenging the order passed by the Central Information Commission which directed the Union of India to upload all the latest amended bare Acts, examine the functionality of its E-mail ID, develop an appropriate RTI filing mechanism and to pay Rs. 10,000 under Section 19(8)(b) of the RTI Act to the library of National Law School of India University, Bengaluru.

Case Briefs High Courts

‘A woman cannot be forced to marry a person due to prior intimacy’: Punjab and Haryana High Court grants anticipatory bail

Punjab and Haryana High Court pointed out that from the suicide note, it could not be said that the petitioner ever came in contact with the complainant’s son after the day of settlement between the two families.

Case Briefs High Courts

Workman’s absence from work due to ill health, though unauthorized but not willful or by negligence; Telangana High Court sets aside order of removal

“The respondents were directed to count the service of the workman from the date of removal till his death with all attendant benefits payable to the petitioner but without back wages.”