High Courts

VIMAL Elaichi FDA notice
Case BriefsHigh Courts

Delhi High Court held that the mere fact that the petitioner’s business is located in Delhi, or that FSSAI is situated in Delhi, would not confer territorial jurisdiction upon this Court when the impugned action has been initiated by the Maharashtra authorities and no substantial part of the cause of action has arisen within Delhi.

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child custody grandparents muslim law
Case BriefsHigh Courts

The Court held that Mohammedan Law’s recognition of the mother’s custodial right up to puberty does not automatically render the custody of the minor with her grandparent wrongful.

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POSH limitation last incident
Case BriefsHigh Courts

Law of limitation may harshly affect a particular party, but it has to be applied with all its rigour when the statute so prescribes.

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rape conviction no external injury
Case BriefsHigh Courts

The Madras High Court also reiterated that an aggravated offence under Section 376(2)(f) IPC requires specific proof that the accused was in a position of trust or authority over the victim, which cannot be inferred merely from a relationship.

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Talaq-E-Hassan
Case BriefsHigh Courts

The Court held that Talaq-E-Hassan remains a valid form of divorce and clarified that its registration is to be considered by the competent Marriage and Divorce Registrar under the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024.

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paperweight assault
Case BriefsHigh Courts

It would only be appropriate to apply nexus test to overt acts and determine, if they are wholly or reasonably connected to discharge of official function by accused and by taking note of fact that Section 170 Karnataka Police Act, 1963 extends statutory protection even to reasonable excesses.

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retiral benefits cannot be withheld arbitrarily
Case BriefsHigh Courts

The Court held that a cooperative bank cannot withhold gratuity indefinitely on the basis of administrative autonomy, or pending criminal proceedings when no applicable service rule authorises such withholding.

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Vinesh Phogat
Case BriefsHigh Courts

The Court found that repeated opportunities were afforded to the petitioner to appear before the Disciplinary Committee and place her case. However, she had chosen not to avail the first three opportunities and had instead raised objections concerning disclosure of the Committee’s composition.

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Suicide note absolving accused
Case BriefsHigh Courts

The Himachal Pradesh High Court granted regular bail in an abetment of suicide case, holding that a contemporaneous suicide note absolving all persons of responsibility carried greater prima facie value than earlier allegations of harassment and failed to disclose any proximate act of instigation.

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Insurer Must Prove Policy Breach
Case BriefsHigh Courts

Jharkhand High Court: The Single Judge Bench of M.S. Sonak, CJ.,* dismissed the insurer’s appeal and enhanced compensation for the death of

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EWS Certificate preceding financial year
Case BriefsHigh Courts

The case reinforces that, in the absence of a clear stipulation to the contrary in a recruitment advertisement, an EWS certificate pertaining to the financial year preceding the year of application cannot be rejected merely on a technical ground, particularly where the candidate otherwise satisfies the eligibility requirements and possesses the requisite certificate.

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specific overt act attempt to rape
Case BriefsHigh Courts

The Court held that the evidence did not disclose any specific overt act towards the commission of rape under Sections 376/511 IPC but established an assault with the intention or knowledge that it was likely to outrage the prosecutrix’s modesty, warranting alteration of the conviction to Section 354 IPC while upholding the conviction under Section 452 IPC.

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Pre-cognizance hearing and prejudice
Case BriefsHigh Courts

The Court observed that a mere change of Counsel is no ground to entertain a challenge to the cognizance order when the trial is at the stage of hearing final submissions

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Section 498A IPC relationship in nature of marriage
Case BriefsHigh Courts

The present petition brings to the fore a classic contest between technical statutory defences and the lived realities of domestic cohabitation.

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teacher-student POCSO case
Case BriefsHigh Courts

Material contradictions, significant omissions, and the complete absence of the alleged photographs, videos, messages, and call records persuades the Bombay High Court to suspend the sentence in a POCSO conviction, holding that the prosecution case raised serious issues requiring appellate scrutiny and that the evidence disclosed chances of acquittal pending appeal.

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bahu remarks child-welfare assessment
Case BriefsHigh Courts

The Court held that the Family Court had not appreciated the jurisdictional parameters of Section 12, Guardians and Wards Act and had failed to independently assess the physical, emotional, educational or psychological welfare of the child while directing change of interim custody.

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Satya Niketan PG Hostel Building Collapse
Case BriefsHigh Courts

Taking note of the assurance given by the MCD, Union of India and Delhi Police that all possible steps were being taken and the rescue operation was being conducted in full swing, the Court expressed the hope that the efforts would be doubled so that human lives could be saved.

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Applying mouth to a child's private part
Case BriefsHigh Courts

The Kerala High Court upheld the conviction of an accused under the Protection of Children from Sexual Offences Act, 2012, holding that intentional application of the mouth to the private part of a child squarely falls within the ambit of Section 3(d) of the Act and constitutes penetrative sexual assault.

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IVF age limit ART Act
Case BriefsHigh Courts

The Court held that so long as one spouse of a “commissioning couple” satisfies the age criteria prescribed under Section 21(g), Assisted Reproductive Technology (Regulation) Act, 2021, the couple cannot be denied access to Assisted Reproductive Technology services merely because the other spouse has exceeded the upper age-limit, following a consistent line of decisions of the Calcutta, Madhya Pradesh and other High Courts.

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Bail to Woman Accused in Murder Case
Case BriefsHigh Courts

Delhi High Court granted regular bail to a woman accused in a murder case, taking note of her prolonged incarceration, lack of a specific role in the offence, absence of CDR material placing her at the crime scene and her status as a woman and mother of 3 minor children.

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