High Courts Archives

‘Dehors basic object of Punjab’s litigation policy’: Punjab and Haryana HC imposes Rs 1 lakh cost on State for wasting Court’s time

“The precious time of this Court has been wasted in adjudicating this avoidable piece of litigation which the petitioner was compelled to initiate due to cause given by the respondents in blatant violation of law.”

Case Briefs High Courts

Delhi High Court upholds order dismissing default bail to UAPA accused allegedly involved in propagating ISIS ideology and radicalizing youth

The Trial Court has categorically observed that the investigation progressed substantially during the extension of the accused persons’ detention and the investigation had not been stagnant.

Case Briefs High Courts

‘Apprehension of possible tampering not a valid reason to refuse forensic examination’; Madras HC allows forensic analysis of pen drive & video recording in corruption case

“The accused is entitled to a fair opportunity to disprove the allegations against him. Denial of access to forensic comparison in the face of specific electronic material forming part of defence evidence amounts to curtailment of such a right.”

Case Briefs High Courts

Manipur High Court dismisses bail application of NDPS accused allegedly participated in misbranding controlled substance as normal drug

The Court observed that the accused persons are not just normal employees but participated in misbranding of the controlled substance as normal drug. They have also actively assisted their employer in transporting huge quantity of controlled substance under concealed identity.

Case Briefs High Courts

“Absence from service on misplaced notion”: Meghalaya HC quashes suspension order against St. Mary’s School teachers; Directs clearance of due payment

“The action or inaction of the respondent in not following through with the disciplinary proceedings after suspension orders were passed has rendered the said proceedings as infructuous”

Case Briefs High Courts

Know Why Madras High Court placed the issue of alleged caste bias by a Judge to the Chief Justice for initiation of contempt case

“Judicial independence is a basic feature of the Constitution. We Judges have taken oath to discharge our judicial duties not only without favour but also without fear.”

FIR against teacher for mocking Operation Sindoor

Case Briefs High Courts

Bombay High Court refuses to quash FIR against teacher over mocking posts on ‘Operation Sindoor’ in WhatsApp group

The Court reiterated that social media is misused by certain people in the garb of “Freedom of Speech and Expression” by posting such material that creates hatred and disharmony among the people, such actions are detrimental to national unity and public order.

Case Briefs High Courts

Sambhal Violence| “Only bald and verbal allegations, no admissible evidence”: Allahabad HC grants bail to Jama Masjid Committee Chairman

The State could not place any material on record based on which the Court could infer that the Chairman prima-facie appeared to have committed the aforesaid offences.

Case Briefs High Courts

‘Saying ‘I Love You’ alone not sexual assault in absence of proven sexual intent’; Chhattisgarh HC upholds acquittal of man in POCSO case

“It was his solitary act of showing his “expression of love”, and a close scrutiny of her statements vis-a-vis the statements of her friends, would reveal that it was not made with an intention of his sexual desire.”

Case Briefs High Courts

‘Adverse Police Report unsustainable’; Bombay HC sets aside order denying furlough to prisoner pending conviction in another NDPS case

The Court opined that Deputy Inspector General Prison committed gross error by relying on Notification dated 2-12-2024 and by not applying his mind while passing the order.

Case Briefs High Courts

Allahabad HC directs probe into fake Arya Samaj Societies conducting illegal marriages

The Court noted that several marriages had been conducted by such societies, even of minor girls, in violation of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

Case Briefs High Courts

‘Taunts for dark complexion not grave enough to prove cruelty or abetment to suicide under IPC’; Bombay HC acquits husband

“Every dispute, quarrel or altercation arising from the matrimonial life are not criminal offence. It will take colour of Criminal law only when there are no alternatives for the wife but to put an end to her life, because of the harassment.”

Case Briefs High Courts

Husband entitled to loss of dependency despite separation claim; Burden to establish separation on Insurer: Karnataka High Court

“Residing together cannot be added as additional condition to be established by claimant to be entitled for compensation. Burden to establish separation would be on Insurer.”

inciting J&K secession unlawful activity

Case Briefs High Courts

‘Incitement of secession, calling J&K an ‘occupied territory’ is unlawful activity’; J&K and Ladakh HC sets aside discharge of accused

“Where there are two views, one giving rise to mere suspicion and the other to grave suspicion, the Judge would be justified in refusing discharge if satisfied that strong suspicion exists. The existence of some essential material giving rise to strong suspicion necessary for drawing a charge and refusing discharge is required.”

Case Briefs High Courts

“Offence of cheating will not be made out unless deception is played since beginning”: Jharkhand HC quashes criminal proceedings u/s 406 and 420 IPC

Even if the entire allegations made against the petitioner are considered to be true in their entirety, the continuation of this criminal proceeding against the petitioner will amount to abuse of process of law.

Case Briefs High Courts

“Justice system knows no caste, religion, creed, colour”; Chhattisgarh HC denies relief to advocate seeking case transfer alleging personal bias of Special Judge

“Scandalizing a Judicial Officer of District Court is bound to shake confidence of the litigating public in the system and has to be tackled strictly.”

Case Briefs High Courts

‘No disturbance to public peace’: Bombay HC quashes FIR against men allegedly accused of committing affray

It is submitted that though there was fighting at public place, due to that fighting, there was no disturbance to the public peace, which is an essential ingredient of Section 159 of Penal Code, 1860. Therefore, as there is no breach/disturbance to the public peace, no offence is made out.

intra-court appeal not available to make new case

Case Briefs High Courts

Intra-court appeal not available to take new ground by making a totally new case: Jharkhand HC

“It is settled position of law that if there is no pleading having been taken before the writ court, then it is not available for the party concerned to come out totally with the new case for the purpose of scrutinising the order passed by the Single Judge on the basis of the document which was never been placed before the Single Judge for its consideration.”

Case Briefs High Courts

‘Access to justice cannot be reduced to mere formality’; Bombay High Court directs Maharasthra RERA to restore hybrid hearings

Procedural fairness includes the right of parties to choose their mode of hearing, especially when both physical and virtual modalities are feasible. Tribunals must not only be accessible in form, but also in substance.

MIAL replaces Celebi NAS with new airport handler

Case Briefs High Courts

Bombay HC allows Mumbai International Airport to replace Celebi NAS with new airport handler after security clearance revocation

“It was made clear that the tender process was not stalled and it could continue until the point of selection of the replacement operator, and only the actual final appointment was to be kept on hold.”