High Courts Archives

Delhi High Court upheld life term of six murder convicts who shot a man dead in personal enmity

The Delhi HIgh Court opined that eyewitness running away and hiding at the time of firing and then coming for the rescue of the deceased is not unnatural as self-preservation is the first instinct of a human being.

Case Briefs High Courts

Workmen won’t be estopped from challenging retrenchment order if employer does not follow S. 25-F of Industrial Disputes Act: Jammu and Kashmir and Ladakh HC

Jammu and Kashmir and Ladakh High Court stated that workmen can challenge their retrenchment order even after accepting retrenchment amount in case their employer has not followed the mandate of S. 25-F of Industrial Disputes Act, 1947

Case Briefs High Courts

Madhya Pradesh High Court directs DRT to register case against Tata Motors Finance Ltd.

Madhya Pradesh High Court held that no document needs to be provided for registering an application under S. 17 of the SARFAESI Act, when the same is not a condition precedent required under the said Section.

Case Briefs High Courts

Delhi High Court grants permanent injunction to SanDisk LLC for its trade marks ‘SanDisk’ and ‘Cruzer Blade’; awards Rs. 5 lakhs as damages

The Delhi High Court granted permanent injunction to SanDisk LLC for its trade mark ‘SanDisk’ and ‘Cruzer blade’. Additionally, Rs. 5 lakhs were awarded as damages.

Case Briefs High Courts

Allahabad HC rejects plea for quashing of proceedings under Muslim Women (Protection of Rights on Marriage) Act

Allahabad High Court said that if a case disclosing commission of an offence under remedial statute like Muslim Women (Protection of Rights on Marriage) Act, 2019 is nipped in the bud, the Statute aforesaid, which seeks to curtail a long-standing practice in society, would be bogged down.

Case Briefs High Courts

Bombay High Court quashes order refusing to discharge Raj Thackeray in 2008 riots case

Bombay High Court opined that the Revisional Court was obliged to prima facie discuss or indicate material on record showing Raj Thackeray’s involvement in the alleged crime.

Case Briefs High Courts

Acceptance of payment from a ‘stranger’ is unbecoming of a Judicial Officer; Delhi High Court refuses to interfere with termination order

The post of Judicial Officer is a coveted one with responsibilities attached to it and one is expected to be unceremonious, prudent, and not take things in an easy manner.

Case Briefs High Courts

Offences under POCSO are not compoundable; Allahabad HC declines quashing the proceedings based on compromise between parties

Allahabad High Court said that the purpose is not to persecute the accused, nor is it to let him off because his relations with the complainant has taken a happier turn, as an offence of rape or one under POCSO is an offence against the society.

Case Briefs High Courts

Punjab and Haryana High Court grants anticipatory bail to Sukhbir Singh Badal in Kotkapura firing case

While disposing of the Sukhbir Singh Badal’s bail matter in Kotkapura firing case, Punjab and Haryana High Court refused to comment on the allegations against present political setup.

Case Briefs High Courts

“S. 12 is heart and soul of Domestic Violence Act”; Karnataka High Court directs Magistrates to decide applications within the mandated period of 60 days

In a clinical dissection of the Domestic Violence Act, 2005, the Karnataka High Court stated that the victims’ grievances such as maintenance or shelter etc., must be addressed with immediacy, which is why the legislation has mandated a specific time frame.

Case Briefs High Courts

Issue of consent in sexual assault offences requires scrutiny; Delhi High Court upholds Trial Court’s Order of discharging a man accused of raping a married woman for 12 years

The Delhi High Court opined that the woman’s consent was implied and express and not coerced by deceit as she maintained the physical relationship with the man for 12 years and thus, the Court upheld Trial Court’s Order of discharging a man who was accused of raping her.

Case Briefs High Courts

Delhi High Court| State Government made efforts to rehabilitate jhuggi dwellers on paper, but the ground reality is far from desirable

Delhi High Court reiterated that the right to housing is a part and parcel of the right to livelihood, health, food, clean drinking water, sewerage and transport facilities, such facilities must be provided to individuals who will be relocated.

Case Briefs High Courts

Bursting of the tyre is not an ‘Act of God’; Bombay High Court refuses to exonerate the insurance company from paying compensation

Bombay High Court observed that the dictionary meaning of “act of god” is “an instance of uncontrollable natural forces in operation” I.e., a severe, unanticipated natural event for which no human is responsible.

Case Briefs High Courts

“Every ‘FILE’ carries a ‘LIFE’”; Tahsildar cannot decide question of Will in mutation proceeding: Madhya Pradesh High Court

Madhya Pradesh High Court held that all authorities while discharging public duties or performing judicial/quasi-judicial functions must be think about Justice and that every “FILE” carries a “LIFE”.

Case Briefs High Courts

Kerala High Court declares election of A. Raja, void

The Court found the records of family register conspicuous showing an attempt to fabricate evidence of professing Christianity by A. Raja, who was elected to a seat of Kerala Legislative Assembly reserved for members of Scheduled Caste in Kerala.

Case Briefs High Courts

Unauthorized occupants of dharmshalas and jhuggis be removed from the Kalkaji Mandir premises within 48 hours; Delhi High Court directs arrangements for Navratri

Delhi High Court directed the unauthorized occupants of dharmshalas and jhuggis to be removed from the Kalkaji Mandir premises by the SHO, Kalkaji within 48 hours and no further time shall be granted to any unauthorized occupant.

Case Briefs High Courts

‘PNG Regulatory Board may tear down statutorily constructed bubble of exclusivity’; Delhi High Court balances rights of consumers and PNG ‘authorised entities’

The Delhi High Court was of the view that the “regard had to be given to the fact that the said provision was not a penal provision or one which is designed to punish an Authorised Entity for having failed to achieve set out targets. It was fundamentally focussed upon the needs of a particular consumer who complains that the Authorised Entity in the particular Geographical Area was not ready to supply natural gas.”

Case Briefs High Courts

Sessions Court or Children’s Court has not been vested with revisionary power under Juvenile Justice Act: J&K and Ladakh High Court

The Jammu and Kashmir and Ladakh High Court stated that revisionary power under Juvenile Justice Act vests only with the High Court

Case Briefs High Courts

Delhi High Court upholds life imprisonment of a man convicted for murdering his wife and for assaulting daughter

The Delhi High Court upheld the Trial Court’s decision of awarding life imprisonment to a man convicted for murdering his wife and assaulting his daughter.

Case Briefs High Courts

“Daughter’s wedding is an auspicious occasion, presence of bride’s father is most appropriate”; Kerala High Court grants parole to murder convict for attending daughter’s wedding

Kerala High Court was of the view that the opportunity to participate in the daughter’s wedding must ordinarily be treated as part of the liberty under Article 21 of Constitution of India.