High Courts Archives

Himachal Pradesh High Court confirms 16-year-old juvenile’s trial as an adult for raping 7-year-old girl

“The Board shall conduct the preliminary assessment regarding the mental and physical capacity of the child to commit the crime, his ability to understand the consequences of the offence and the circumstances in which the crime was allegedly committed.”

detention on presumption of heroin in blood

Case Briefs High Courts

[NDPS Act] Detention solely on presumption that heroin is likely be found in accused’s blood sample not permissible: Himachal Pradesh HC

“In the present case, Additional Advocate General contended that the police had taken the blood samples of the petitioner and the co-accused and had sent them to FSL for analysis, the result of which was still awaited.”

Case Briefs High Courts

Punjab & Haryana High Court denies anticipatory bail to person accused of hoisting saffron flag on Mosque

The accused had hoisted a saffron flag on a Mosque, replacing the National Flag already in place with an intent to hurt religious feelings of the members of Muslim community.

Case Briefs High Courts

‘Armed forces cannot retain indisciplined member’: Punjab and Haryana HC upholds dismissal of constable for absence beyond leave period

The petitioner went on a week’s leave and did not join duty after completion of the same. It was noticed that he remained absent on 42 occasions during his short service of 12 years. Consequently, he got suspended.

Case Briefs High Courts

Orissa High Court holds Power Company strictly liable for electrocution death; awards Rs 2 lakh compensation to labourer’s family

“The Distribution company had the statutory responsibility of distribution and supply of electricity in the locality, the Court is of the considered view that by application of the principle of strict liability, the Distribution Company are strictly liable for the death of deceased and are liable to pay compensation to the deceased’s family.”

Case Briefs High Courts

‘Can’t be mute spectator’: Punjab & Haryana HC takes strict note of alleged misuse of NDPS Act; directs State to respond to allegations

“In case the administration within the State of Punjab fails to provide a safe environment to its citizens, the Court can suo motu step in and direct the State to take effective measures to create a congenial environment”

Case Briefs High Courts

Courts must go beyond literal/grammatical reading of NDPS Act to decipher its true scope: Punjab and Haryana HC grants bail to NDPS accused

“The interpretative endeavor must be a dynamic and teleological one, ensuring that the NDPS Act remains an efficacious instrument in combating the pervasive menace of drug abuse, rather than being rendered sterile by a rigid textual analysis.”

Case Briefs High Courts

‘Simplicity no bar to patentability of an invention’; Delhi HC remands Vertical Rotary Parking System application to Controller for de novo consideration

“Refusal to allow the amendment to the specifications, which was sought to provide clarification regarding the technical advancements of the subject invention over the newly cited prior art, amounts to a clear violation of the Principles of Natural Justice”

Case Briefs High Courts

Husband’s friend not a ‘relative’ under Section 498-A IPC: Bombay High Court

The husband’s friend tried to convince him that if his demands are not fulfilled then he shall not cohabit with his wife and shall send her to her paternal home.

Case Briefs High Courts

Mere participation in PFI meetings or physical karate training does not amount to terrorist act: Bombay HC grants bail to UAPA accused

The Court observed that even though weapons are recovered from one of the accused, it is not the prosecution’s case that those weapons were used for any terrorist activity and/or toppling the Government.

Case Briefs High Courts

‘Mere recovery without mental intent not conscious possession’; Telangana HC discharges man carrying 380 live ammunition to use as neck chain

“The essential requirement to constitute an offence under the Arms Act is the existence of mens rea, i.e., knowledge of such possession or control over the firearm or ammunition, even in the absence of actual physical possession.”

Case Briefs High Courts

Motor vehicle accident| Driving without license not sole ground for contributory negligence: Karnataka High Court

The Court observed that the amputation of left leg above knee was due to the injuries sustained during the accident and awarded compensation for loss of future earnings.

Case Briefs High Courts

‘Armed forces cannot retain indisciplined member’: Punjab and Haryana HC upholds dismissal of constable for absence beyond leave period

Case Briefs High Courts

‘Need to strike a balance between animal and human rights’; Kerala HC defers Govt. Order allowing euthanasia of stray dogs

“While animal rights are necessary and must be respected, they cannot trump the fundamental rights of human beings. However, a balance must be struck for co-existence.”

CIC policy prescription ultra vires RTI Act

Case Briefs High Courts

‘CIC cannot express policy prescriptions under RTI Act’; Delhi HC quashes CIC’s order directing HPCL to furnish guidelines for empanelment of advocates

“The only question before CIC was whether ‘information’, as defined in Section 2(f) of the RTI Act has been denied mala fide, or incorrect, incomplete or misleading information has been knowingly furnished. The impugned order instead expresses policy prescriptions, which are beyond the remit of CIC.”

Case Briefs High Courts

Allegation of impotency against husband in a matrimonial dispute not defamation: Bombay High Court

In the present case, allegations are by way of written words before the police and before the judicial authorities, thus, such imputation will amount to defamation when the case does not fall within either of the ten exceptions to Section 499.

civil suit cannot nullify arbitral award

Case Briefs High Courts

‘Civil suit cannot be filed to declare arbitral award a nullity’; Delhi HC rejects suit challenging award on grounds of fraud in coal supply agreement

“Arbitration, chosen by consent, cannot be overridden by post-facto civil suits on allegedly rediscovered facts otherwise arbitration will turn into a never-ending cycle of challenges.”

denied job despite acquittal in criminal case

Case Briefs High Courts

‘Classic case of misuse of power’; P&H HC imposes Rs 50,000 cost on State for denying job to candidate already acquitted in criminal case

“This is the third round of litigation. The officers dealing with the matter despite repeated orders of this Court have shown a reprehensible attitude just to stick to their opinion. It shows that they have scant regard for the orders of Constitutional Courts.”

Case Briefs High Courts

Madhya Pradesh High Court directs action against private vehicles with illegal flashing lights, sirens and number plates

The Court directed the Regional Transport Officer and Deputy Commissioner of Police (Traffic) to immediately act against those vehicles who were violating the notice/circular dated 01-03-2025.

Case Briefs High Courts

NEET (UG) 2025 | Delhi HC directs NTA to form grievance redressal committee for candidates who lost exam time due to no fault of their own

“The examination pattern indubitably provides 180 compulsory questions which need to be attempted by a candidate in 180 minutes (3 hours). This gives an average time of one minute for each question creating a time sensitive situation for the candidates where every second counts. In these circumstances, loss of 3 minutes 32 seconds cannot be said to be insignificant.”