High Courts Archives

“No illegal detention by father”: Telangana HC declines mother’s Habeas Corpus plea for custody of child with 50% disability

Photographs placed before the Court disclosed that the minor child was in safe custody of his father

Patna HC quashes maintenance order of ‘qualified’ wife who concealed facts about alimony from previous marriage

“Maintenance claims require disclosure affidavits of assets and liabilities, balanced assessment of needs and quantum based on factors like parties’ status, reasonable need and income.”

stamp duty refund despite delayed application

Case Briefs High Courts

Bombay HC orders refund of stamp duty despite application being filed beyond 5 years limitation period

“Without the deed of cancellation, the petitioner could not have sought refund of the stamp duty, and to deny the refund of the stamp duty to the petitioner was wholly unjustified and inequitable.”

Individuals Availing Sex Workers Can Be Prosecuted

Case Briefs High Courts

Individuals availing services of sex workers in brothels can be prosecuted for inducing prostitution under Immoral Traffic Act: Kerala HC

“A person utilising the service of a sex worker at a brothel cannot be termed a customer. To be a customer, a person should buy some goods or services. A sex worker cannot be denigrated as a product”

Case Briefs High Courts

‘Taking down content from digital platforms not a ground of civil contempt’: P&H HC dismisses plea alleging willful disobedience of Reet Mohinder Singh Case

While the Court was inclined to impose costs for filing a misconceived contempt petition, considering that petitioner is a young member of the Bar and mindful that costs may unduly prejudice him, this Court refrained itself from imposing costs.

Service of notice in no confidence motion

Case Briefs High Courts

‘Service of notice essentially a question of fact’: Bombay HC refuses to interfere in Collector’s order regarding no confidence motion against Sarpanch

There was a clear contradiction between Tehsildar’s report and the punchnama as one stated that the Respondent 3 refused to accept the notice, so it was pasted on his residential house while the other stated that the notice was duly served to the mother of Respondent 3.

Case Briefs High Courts

‘Emotional bond does not confer superior right to custody over that of biological parents’: Bombay HC denies 5-year old’s custody to grandmother

The welfare of the child is the paramount consideration in custody matters, therefore, the right of father and mother as natural guardian can only be curtailed when the custody might be detrimental to the welfare of the child.

Case Briefs High Courts

Meghalaya HC quashes charges against former Education Minister in 17-year-old teachers recruitment case; highlights enormous delay in prosecution

In the present case, the selection process is of 2008 and about 17 years have passed since then. The first FIR was lodged on 18-7-2011. Further, nothing has moved significantly in prosecuting the accused, as only 28 out of 181 witnesses have been examined.

Case Briefs High Courts

Chhattisgarh HC| No relief to Flipkart associated delivery agent, area manager for delivering knives allegedly used for a murder

“The FIR specifically alleges that the knives ordered by the accused persons through Flipkart, which were prohibited under the Arms Act, were delivered through the logistics chain of ElasticRun where the present accused persons were employed, despite prior communications and warnings from the police authorities to e-commerce platforms to desist from supplying such prohibited items.”

Case Briefs High Courts

“Everyone has failed to discharge their responsibility”; Rajasthan High Court acknowledges delays in Bail Process as Two women held for 43 days in bailable offence

“With anguish and pain, this Court observes here that the learned Magistrate as well as learned Additional District & Sessions Judge failed to exercise their discretion in right perspective and in a very casual manner, decided the bail applications, placed before them.”

72-year-old woman fined for frivolous case

Case Briefs High Courts

Karnataka High Court fines 72-year-old woman ₹2 lakh for frivolous habeas corpus petition

“The filing of this kind of litigation should not be encouraged by this court and the same should be deprecated.”

initiate divorce abroad if married in India

Case Briefs High Courts

Divorce proceedings cannot be initiated in Australia, if marriage has been solemnized in India: Gujarat High Court

“The husband had no right to initiate proceedings in the Australian courts by taking advantage of the fact that he had acquired Australian citizenship.”

Case Briefs High Courts

“In despair, the wife set fire to herself and later blamed in-laws”: Madhya Pradesh HC grants divorce to man whose wife attempted self-immolation

“This dreadful act is sufficient to hold that she has committed mental cruelty with the husband and the Trial Court erred in not appreciating the facts evident on the record and even more so in replacing them with its own perceived notions.”

Case Briefs High Courts

‘Arbitrary and discriminatory’; Gauhati HC upholds pensionary benefits to 2006-2009 retirees, previously denied over financial stringency

There is no valid justification for creating two classes of pensioners, i.e. those who retired between 1-1-2006 and 31-3-2009, and those who retired after 31-3-2009, solely to grant a revised pension.

Case Briefs High Courts

J&K and Ladakh HC interprets Rule 49 of BCI Rules; Holds Advocate entitled to Absolute Licence if application filed before joining Govt. service

“It was not the disputed eligibility of the petitioner to have an absolute licence to practice law, but an alleged non-communication of his appointment in government service that had prompted Respondent 1 to issue the impugned order and notification.”

State Information Commissioner post-retirement benefits

Case Briefs High Courts

‘State Information Commissioner entitled to Chief Secretary-Level post-retirement benefits’; 10-year qualifying service not mandatory under S. 16(5) RTI Act: Gauhati HC

Gauhati High Court observed that by virtue of Section 16(5) of the Right to Information Act, 2005 , a deeming fiction is created to the advantage of the State Information Commissioner, who would be paid similar salary and postretiral benefits as that of Chief Secretary.

Resettlement claim Panchayat Parivar Register

Case Briefs High Courts

No rehabilitation benefits without entry in Panchayat Parivar Register at the time of acquisition: Himachal Pradesh HC

“The Rehabilitation and Resettlement Scheme was for the benefit of only those who were permanently residing in the area and who were to be rendered houseless and landless on account of acquisition proceedings for the purpose of construction.”

Case Briefs High Courts

‘KARPURE’ not deceptively similar to ‘CAMPURE’; Bombay HC declines interim injunction to Mangalam Organics in trade mark dispute

“Relevant consumer base for the products which are deodorizers, air purifiers etc would be an average educated class with the ability to differentiate between the rival marks especially when there is no resemblance apart from a phonetic similarity between the two when viewed as a whole.”

Case Briefs High Courts

Permanency secured: Bombay HC rules in favour of Sanjay Gandhi National Park forest workers

“If Government’s argument is accepted, it would amount to enslavement of these workmen and bonded labour. The Court cannot be a mute spectator to this situation.”

Case Briefs High Courts

“Alarming picture”: Chhattisgarh HC continues monitoring unregulated sale of knives as State informs online sale of 211 knives, registration of 677 cases in 2025

“The aforesaid data shows an alarming picture of the situation prevailing in the society, though the State appears to be taking adequate measures.”