High Courts Archives

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.

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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.

Case Briefs High Courts

4 months’ illegal detention by police; Jharkhand High Court directs State to pay compensation of Rs 5 lakhs

Jharkhand High Court commented that the State Police’s lackadaisical attitude to arrest anyone and put him in custody made the petitioner suffer humiliation, who was having a bright career and completed SSC exam.

Case Briefs High Courts

Gujarat High Court issues Notice to State Government and Junagadh Municipal Corporation on plea Opposing Demolition of Dargahs

The petitioner was aggrieved by the illegal and unconstitutional demolitions, contrary to the provisions of the GPMC Act, the Waqf Act, 1995 and the Places of Worship (Special Provisions) Act, 1991.

Case Briefs High Courts

Delhi High Court suspends 10-year sentence of a Zimbabwean lady in a narcotics case due to lack of compliance of provisions

The Standing Orders ought to be respected by the investigating agencies and non-compliance of those Standing Orders may naturally invoke a reasonable doubt relating to the process of sampling which is the most critical procedure to be carried out to ascertain the nature of the substance and its quantity.

Case Briefs High Courts

Gujarat High Court quashes Order cancelling firm’s GST Registration for serving cryptic and vague Show Cause Notice

The Court granted liberty to the respondent authorities to issue fresh notice, including the detailed reasons and thereafter to provide reasonable opportunity of hearing to the petitioner.

Case Briefs High Courts

[Explained] Allahabad High Court verdict in Inter -Religion Live-in Couple’s Protection Plea

Awareness has to be created in young minds not just from the point of view of emotional and societal pressures that Live -in relationships may create, but also from the perspective that it could give rise to various legal hassles.

Case Briefs High Courts

Kerala High Court refuses exemption from wearing helmets on medical grounds

Kerala High Court said that petitioners have to abandon two-wheeler ride if they were suffering from any illness which disables them from wearing helmets.

Case Briefs High Courts

Madras High Court quashes notification inviting applications for appointment as member in Consumer Redressal Commissions in Tamil Nadu

If the notifications are bad in law and they are liable to be quashed, the subsequent selection procedure that has been undertaken would also suffer from the same vice.

Case Briefs High Courts

No prejudice shall be caused on account of transfer of cases to Central Circle; Delhi High Court upholds transfer of Income Tax assessment of Sanjay Gandhi Memorial Trust, Aam Aadmi Party

Section 127 of IT Act to the extent it permits transfer from one Assessing Officer under a Principal Commissioner of Income Tax to another Assessing Officer under another Principal Commissioner of Income Tax who are holding non-concurrent charges remains untouched and continues to apply in its pristine form.