High Courts Archives

Documents unavailability no ground for secondary evidence

Non-traceability or unavailability of documents cannot constitute a foundation to lead secondary evidence: Bombay High Court

The petitioner’s submission that the documents are not immediately available/traceable is not supported by any affidavit and the application appears to have been signed only by the counsel. Thus, petitioner’s contention about absence of original documents only based on bare statement in an application cannot be straightway accepted.

Thomas Issac appointment as advisor to KKEM

Case Briefs High Courts

Kerala HC upholds former Finance Minister Thomas Issac’s appointment as advisor to Knowledge Economy Mission, Dismisses PIL

“The Court remarked that it was unfortunate that Dr. Issac was compelled to be subjected to such a petition and had to file an affidavit to reiterate his credentials.”

Case Briefs High Courts

Communal remarks ‘wholly untrue’: Bombay HC restrains Shiv Sena leader, Sanjay Nirupam from making defamatory statements against slum redeveloper

The Shiv Sena leader, Sanjay Nirupam when served with the repeated intimations to appear in the Court, tore the said notice and returned it. The Court stated that such conduct showed that he had no respect for the proceedings before the Court.

termination over non-disclosure of gambling offence

Case Briefs High Courts

Employee cannot be terminated by ‘stroke of pen’: Bombay High Court reinstates employee terminated over non-disclosure of trivial gambling offence

“The employer should take into consideration all relevant facts and circumstances available as to antecedents and keeping in view the objective criteria, while taking appropriate decision. Mere suppression does not mean that employer can arbitrarily terminate the services of employee.”

Case Briefs High Courts

Own Name Defence in Trade Marks| Delhi High Court protects jewellery firm’s right to use founder’s name ‘Vasundhara’; No injunction granted

The appellant, Vasundhra Jewellers Pvt. Ltd., incorporated in 1999, claims continuous use and registration of the mark VASUNDHRA for jewellery, while the respondent, Vasundhara Fashion Jewellery LLP, incorporated in 2016, traces its mark VASUNDHARA to its founder Vasundhara Mantri, who has used the name in business since 2001.

Case Briefs High Courts

Rajasthan High Court denies Abortion for 32-weeks Pregnant minor deaf and mute rape survivor; Outlines Pre and Post-delivery care plans

“Where any pregnancy is alleged by the pregnant woman to have been caused by rape, the anguish caused by the pregnancy is presumed to constitute a grave injury to the mental health of the woman.”

Case Briefs High Courts

Telangana High Court’s ‘How To’ Guidelines on Safe Ganesh Festivities

Pandals must not block traffic or access to emergency exits and hospitals. Their registration was made mandatory, with an emphasis on using eco-friendly idols. The use of sound systems after 10 PM was restricted, and organizers were instructed to keep the volume at an appropriate decibel level.

Case Briefs High Courts

High Courts cannot quash trial over disputed questions of facts: Allahabad High Court

“The Court in exercise of power under Section 482 of the CrPC cannot assume such jurisdiction and put an end to the process of trial provided under the law.”

Case Briefs High Courts

Bar of limitation period under S. 468 CrPC applies only to penal proceedings under S. 31 DV Act: J&K and Ladakh HC

In the present case, the petitioner has wrongly equated filing an application under Section 12 of DV Act to lodging of a complaint or initiation of a prosecution. However, such application cannot be equated with a complaint within the meaning of Section 200 CrPC or Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

execution of order under S. 14 SARFAESI Act

Case Briefs High Courts

Sitting on files due to non-prescription of time frame for execution of Section 14 order frustrates object of SARFAESI Act: Punjab & Haryana HC

“Non-Performing Assets are a huge burden on the public exchequer, banking and financial system, and, thus, prompt enforcement of recovery mechanism under the SARFAESI Act is paramount for liquidity in the system”.

transgender person entitled to change name and gender

Case Briefs High Courts

Inside Manipur HC’s ruling on whether a transgender person is entitled to change original name and gender in official documents

The Court refrained from adopting the usual practice of concealing and masking name of the transgender person in the present judgment and revealed the name so that this judgment becomes a torch to other transgender persons leading them to the path of access to justice.

Case Briefs High Courts

‘Preventive detention cannot override bail for past crimes’; Calcutta HC sets aside detention order in NDPS case

“Since preventive detention, is an anathema to personal liberty, one has to give equal credence and weightage to the personal liberties of a person which are proposed to be suspended by way of the order of preventive detention.”

Case Briefs High Courts

Rajasthan High Court Rejects Extension of Asaram Bapu’s Interim Bail

Asaram Bapu was directed to surrender on or before at 11:00 a.m. on 30-08-2025.

Case Briefs High Courts

Delhi High Court grants interim relief to NDTV; Restrains websites and social media platforms from misusing NDTV Trade mark

Delhi High Court directed the Department of Telecommunications and Ministry of Electronics and Information Technology to issue a notification calling upon the various internet service providers and telecom service providers, registered under it to block access to the various websites identified by NDTV in the present suit or such other websites that may subsequently be notified by them.

Case Briefs High Courts

Rajasthan High Court upholds ‘Sleeper Bus’ tax amendment by Transport department

“The State Government is fully competent to extend the benefit of exemptions to a particular category and deny the same to other, keeping-in-mind the larger public interest, the nexus and the object sought to be achieved.”

Case Briefs High Courts

Justice after a decade: Constructive interpretation by Orissa HC ensures meritorious PwD candidate’s appointment as ‘Sikshya Sahayaka’

“The expression “untrained SC, ST and PH Candidates” employed in this Guideline should not be literally interpreted, but it has to be given a constructive and purposeful interpretation. Otherwise, merit will be at casualty and nothing else.”

Case Briefs High Courts

‘One accused can be convicted in gang-rape case’: Delhi High Court upholds conviction of one accused where co-accused could not be apprehended

In the case at hand, the convict and the co-accused had kidnapped the minor girl on their bike and raped her in the jungle. The convict had been apprehended but the co-accused had managed to escape.

Case Briefs High Courts

Indian Citizenship cannot be granted without renunciation certificate from country-of-origin; Mere surrender of passport insufficient: Kerala HC

“Even though all necessary formalities might have been completed, as per Section 14A of the of the Pakistan Citizenship Act 1951, a Renunciation Certificate is mandatory, and it cannot be waived of stating that the documents produced are sufficient to show that the respondents have renounced their Pakistani citizenship and, as such, they still continue to be citizens of Pakistan.”

Bail to accused of deprived scheduled caste in SCST Act case

Case Briefs High Courts

Punjab & Haryana HC grants bail in SC/ST Act case; Questions applicability of Act against accused belonging to deprived scheduled caste

In the present case, the accused belonged to the Deprived Scheduled Caste category and was charged with voluntarily causing simple as well as grievous injuries to the person also belonging to Scheduled Caste category by criminally trespassing into his premises.

Case Briefs High Courts

Punjab & Haryana HC criticizes indiscipline but grants anticipatory bail to Judge’s PSO accused of attempting to open fire on Court officer

“The allegations leveled by the Chief Court Officer against the Judge’s personal security officer are serious in nature and being a member of the disciplined force, he is also expected to behave in a responsible manner. Even otherwise, he was on security duty before this Court, and he should have acted in a more disciplined and careful manner.”