High Courts Archives

Karnataka HC quashes proceedings against HUL MD & CEO Rohit Jiwa over contaminated Horlicks biscuits

Special Court for economic offences took cognizance for offences punishable and Sections 51 and 59 of Food and Safety Standards Act, 2006 (2006 Act) and initiated proceedings against Rohit Jiwa.

Case Briefs High Courts

‘Accused cannot be held guilty based on high speed alone’: Himachal Pradesh HC acquits truck driver in motor accident case

“The accused cannot be held liable based on high speed alone without any further evidence that the accused was in breach of his duty to take care which he had failed to do.”

Case Briefs High Courts

‘Specific Geographical Identifiers would ensure no confusion’; Delhi HC decides Chile-Peru dispute over naming alcoholic beverage ‘PISCO’

The facts and documents on record clearly establish that both Chile and Peru, are using the word PISCO for their alcoholic beverages, and the impugned order had completely disregarded their shared history regarding manufacture of the beverage PISCO.

Case Briefs High Courts

Violation of Natural Justice: Bombay HC quashes Municipal Corporation’s decision sanctioning road line through plot under ongoing slum rehab scheme

“The impugned road line had affected petitioner’s civil rights and therefore opportunity of hearing was necessary, though not specifically provided in Section 291 of the MMC Act and subsequently the Slum Rehabilitation Authority needs to properly apply its mind to all the relevant factors after granting opportunity of hearing to all parties concerned.”

parole application must be decided in 4 months

Case Briefs High Courts

P&H HC sets 4-month deadline for deciding parole applications; Convicts can file contempt cases in case of unjustified delay

“Providing opportunities for temporary release ensures that the ties between the prisoner and the society are not severed. Ensuring that the incarcerated have healthy roots in the society greatly assists in their rehabilitation and reintegration.”

Case Briefs High Courts

Section 125 CrPC | Levirate Marriages validated by custom, cohabitation, social acceptance, and the birth of children, must be treated as valid: Patna High Court

The Court held that a woman having lived as a wife, borne children, and been deserted without support, falls within the protective umbrella of Section 125 CrPC and the technical plea of invalidity of marriage cannot be a valid ground to deny her maintenance.

Case Briefs High Courts

Inside Bombay High Court Ruling on convenience fees on online Movie ticket bookings

“The legislation touching upon price control in India has always been specific, eloquent and reasonable, even though important, restriction on the right to carry on business has never been sought to be achieved indirectly or by implication and without setting out a statement of the policy of the legislature on this behalf.”

Case Briefs High Courts

‘Exam Question on Ayodhya Judgment does not hurt religious sentiments’: Rajasthan High Court upholds academic freedom

“An academic or personal opinion expressed by a student, teacher, or scholar on a legal judgment, even one involving sensitive issues, cannot be equated with any religious attack.”

Case Briefs High Courts

No Strict proof needed for married woman claiming return of gold from In-Laws: Kerala High Court

“A newly wedded woman would not be in a position to demand receipts or independent witnesses while handing over the jewellery to the husband or in-laws.”

Case Briefs High Courts

Allahabad HC takes judicial notice of petitioners being harassed by encroachers & govt officials to withdraw PILs; Issues restraining order

“It has become an everyday malady of petitioners moving PILs, complaining of encroachment et cetera that the encroachers, and sometimes even officials of the Government, try to browbeat the petitioners by physical assault or threat into withdrawing the PIL.”

Case Briefs High Courts

‘A bonafide delay beyond party’s control can be excluded while calculating limitation for registration of documents’: Bombay High Court

“A legal right accrued to a party to get a document registered as per the provisions of the Registration Act cannot stand defeated when reasons which exists are beyond the control of the party presenting the document for registration.”

landlord financial status eviction petition

Case Briefs High Courts

Delhi HC: Landlord’s financial well-being or tenant’s financial ill-health not relevant to decide eviction petition under Delhi Rent Control Act

The Court highlighted the egregious misuse of Delhi Rent Control Act, 1958 and observed that there are huge number of cases, where very well-off tenants enjoying financial prosperity, unjustly occupy premises for decades on-end, paying pittance for rent. While in the process, their landlords are forced into impecunious and desperate circumstances.

Case Briefs High Courts

‘Serious, structured, and systemic fraud’; Punjab &Haryana HC refuses anticipatory bail to accused in 8-acre land grab case involving DSP, Tehsildar

“The seriousness of the offence is made worse by the involvement of public officials and legal professionals, the creation of fake documents claimed to be several decades old, and efforts to make these false documents appear genuine by misusing official systems and legal procedures.”

Case Briefs High Courts

‘Speedy disposal of cases a fundamental right’; Rajasthan HC orders expeditious disposal of appeals pending before Appellate Rent Tribunal

The Court observed that delays by Appellate Tribunals in deciding appeals under Rajasthan Rent Control Act, 2001, defeats the purpose of the law, which aims to ensure the speedy disposal of eviction cases.

Case Briefs High Courts

‘Captured stray dogs must be returned to same spot after sterilisation’: Punjab & Haryana HC denies relief to RWA seeking confinement of illegally captured stray dogs

“Though the local authorities have the power to keep the street dogs in the impounding compound, however, it does not empower them to keep the dogs for an indefinite period.”

Case Briefs High Courts

“Whether Law enacted by Parliament binding and mandatory on Maharashtra Police?”; Bombay HC questions DGP after a lousy investigation

“This is unconscionable and unpardonable. It appears that, in a disciplined police force, the police personnel themselves are not following the discipline and are not following the mandatory directions issued by the office of the Director General of Police.”

Case Briefs High Courts

Delhi High Court grants interim exemption from mandatory registration to entities operating LNG terminals

Section 15 of the PNGRB Act mandates registration of entities that are establishing or operating LNG terminals after the ‘appointed date’.

Case Briefs High Courts

J&K and Ladakh HC grants bail to Sarpanch in wife’s murder case, Citing lack of credible evidence

“Bail or jail belongs to the blurred area of criminal justice system which largely hinges on the hunch of the Bench, otherwise called judicial discretion. The Court should take cognizance of the fact that the liberty of an individual whose involvement has not been established in the commission of an offence, should not be lightly dealt with. Incarceration creates a concavity in the personality of an individual.”

Case Briefs High Courts

‘Against speedy trial’s mandate’; Delhi HC grants relief to a 90-year-old man convicted for demanding Rs. 15000 bribe in 1984

The present incident took place on 4-1-1984, and since then the proceedings have been continuing for over four decades, with the trial itself taking nearly 19 years to conclude, and the present appeal remaining pending for more than 22 years.

Case Briefs High Courts

Bombay HC takes suo motu cognizance of girls’ harassment in a Children’s Home

The Court was shocked with the treatment given to the girls in the children’s home and the complaints made in respect of the Child Welfare Committee, which was established with a broad object and was supposed to act in the children’s interest, who need care and protection.