High Courts Archives

What happens when a wife files a dowry harassment case against her husband after receiving a divorce notice from him? Karnataka High Court answers

The Court was hearing a case where a wife had lodged a complaint alleging cruelty by her husband and in-laws, after a divorce petition had already been filed by the husband.

Case Briefs High Courts

Delhi High Court directs University to consider 59-days maternity leave application of an M.Ed regular course student against theory class

Delhi High Court observed that the citizens could not be forced to choose between their right to education and their right to exercise reproductive autonomy.

Case Briefs High Courts

[Krishna Janmbhoomi -Shahi Eidgah Dispute] Allahabad High Court transfers all pending suits from Mathura Court to itself

Allahabad High Court said that the High Court has to remain conscious of the fact that being the highest Court of the State, it is guardian of the people and being 3rd pillar of the Constitution, it safeguards interest of the people as a whole, the small sub-sects, tribe then bigger sub-sect community and full circle of the people, all fall within the protection of the Constitution.

Case Briefs High Courts

Third Party Funders to be fully aware of their exposure and cannot be mulcted with liability which they have not undertaken or are aware of: Delhi High Court

Permitting enforcement of an arbitral award against a non-party which had not accepted any such risk, was neither desirable nor permissible”

Case Briefs High Courts

Are AYUSH Doctors eligible to perform ultrasonogram techniques on pregnant women without qualifications under PC-PNDT Act? Madras High Court answers

Madras High Court held that the AYUSH Doctors, if at all qualified under the provisions of the PC & PNDT Act 1994 and Rules framed thereunder, are entitled to be construed as qualified Doctors within the meaning of the Central Act for carrying out various diagnostic procedures and ultra sonogram/ultrasound techniques on pregnant women.

Case Briefs High Courts

“Right to choose sex or gender identity integral to a human’s personality”: Rajasthan High Court while directing for recognition of male after gender reassignment surgery

Rajasthan High Court referred to the three types of genders as per Rigveda in Hindu mythology, consideration of the third gender in the modern society, and said that these people are struggling to be a part of the civil society.

Case Briefs High Courts

Not demonetisation but withdrawal of Rs. 2000 denomination banknotes from circulation; Delhi High Court dismisses PIL seeking RBI notification arbitrary

Delhi High Court noted that the present decision of the Government to dispense with Rs. 2000 denomination banknotes is not a decision towards demonetisation.

Case Briefs High Courts

[Blinkit v. Blinkhit Trademark Infringement] | Karnataka HC sets aside temporary restraining injunction against Blinkit

The Court noted that the Trial Court made an error in allowing Blinkhit’s application for temporary injunction, without properly appreciating the available materials on record vis-à-vis the trademark’s usage and nature of the business carried out by the parties.

Case Briefs High Courts

“Let them sing, let them dance, let them play”: Kerala High Court while refusing to interdict DGE order against vacation classes

The Kerala High Court pointed at Rule 1 Chapter VII of Kerala Education Rules, which provides for all the schools to remain closed during summer vacations unless otherwise notified by the DGE.

Case Briefs High Courts

Read why Karnataka High Court denied bail to a Government Teacher accused under provisions of POCSO Act?

The Court strictly observed that in India, Gurus/teachers are considered akin to God and the Government Teacher’s perverse acts have created fear in the minds of the parents of minor girls students.

Case Briefs High Courts

Delhi High Court sentences two PWD officials for contempt of court for breaching and wilfully disobeying directions on tree protection

Two PWD officials were sentenced under Section 12 of the Contempt of Courts Act, 1971, to undergo simple imprisonment for four months and two months respectively, along with fine of Rs. 2000 each as they wilfully disobeyed the directions and orders passed by the Delhi High Court and of the NGT, in relation to protection of trees.

Case Briefs High Courts

Orissa HC refuses anticipatory bail to man alleged of outraging religious feelings of Muslims by raising provocative slogans on Hanuman Jayanti

Provocative slogans were raised giving rise to communal disharmony leading to arson and bloodshed during the procession on the occasion of Hanuman Jayanti.

Case Briefs High Courts

[Shared Household] Right of a daughter-in-law not an indefeasible right so as to exclude the in-laws: Delhi High Court

Delhi High Court opined that the parties shall ensure that they maintain peace and order and do not engage in any acrimony and shall have duplicate keys of the rooms.

Case Briefs High Courts

Meghalaya HC directs State to completely prohibit display of animal carcasses in meat shops

The Court said that apart from the hideous sight, there is also an element of hygiene involved since the meat displayed is open to the grime and dust of the street.

Case Briefs High Courts

Banks, Financial Institutions using recovery agents to forcibly seize vehicles over non-payment of loan is illegal: Patna High Court

The right to recovery of the Banks and Financial Institutions if pitted against the constitutional right of life of a person to live with dignity and not to be deprived of without following the established procedure of law, the constitutional rights of the person shall prevail.

Case Briefs High Courts

Gauhati High Court directs Department of School Education to take appropriate actions against schools violating Right to Education Act, 2009

The High Court was hearing a bunch of petitions highlighting the violation of Right of Children to Free and Compulsory Education Act, 2009 by certain schools.

Case Briefs High Courts

Invocation of power of Judicial review in proceedings under S. 9 of Arbitration Act would run afoul to principle that merits of termination of contract must essentially be determined by Arbitral Tribunal: Delhi HC

The Court also upheld the validity of the termination notice issued by the NHIDCL and refused to interfere with its actions against the construction company.

Case Briefs High Courts

Denying sexual intercourse to spouse, without sufficient reason amounts to mental cruelty: Allahabad High Court grants divorce

Allahabad High Court said that the Court below has adopted a hyper technical approach and passed the dismissal of the husband’s divorce petition

Case Briefs High Courts

[POCSO] Not expected for 7-year-old child to recapitulate the harrowing incidents with mathematical precision; Delhi High Court upholds conviction based on child testimony

Delhi High Court observed that it cannot lose sight of the fact that alleged offence was committed with a child victim of tender age who got frightened by the threats extended to him by the accused as well as by the alleged act of the accused and it is not expected that a child of such a tender age would behave like an adult by raising the alarm promptly.

Case Briefs High Courts

Admonishing wife for having illicit intimacy will not amount to abetting wife to commit suicide: Telangana High Court

A wife having illicit intimacy with another person will adversely affect the husband and family, both personally and in society. The husband cannot sit quite if the wife is having illicit intimacy with another person.