High Courts Archives

quashing FIR based on unexecuted settlement

‘No implementation or execution of mutually settled agreement’: Delhi High Court refuses to quash FIR in matrimonial case

As per the settlement, the husband agreed to deposit a total sum of Rs. 30,00,000. However, the husband merely deposited cheques of certain amounts, which had not been released to the wife, due to husband’s failure to appear in Family Court, resulting in dismissal of divorce petition.

Case Briefs High Courts

“Lack of timely supervision”: Chhattisgarh HC directs Collector to provide solution for obstruction of public passages in Dayalband Bridge Blockage Case

“Though subsequent orders led to removal of the obstruction and initiation of preventive proceedings, the facts reflect lack of timely supervision and failure to prevent encroachment over a commonly used public passage.”

law student derogatory remarks on judicial officer

Case Briefs High Courts

Delhi HC: No anticipatory bail to law student who harassed complainant, posted obscene content, and made derogatory posts against Judge and Police

“The allegations in the present case are not merely of a single isolated incident but reveal troublesome conduct of the accused spanning over several months, involving physical intimidation and digital harassment.”

improper Interview Committee vitiates selection

Case Briefs High Courts

Bombay HC: Selection process vitiated by improper Interview Committee; Selective relief not permissible in tainted selection

“The Committee was required to assess the performance and personality of candidates through the experienced eyes of superior officers. Therefore, delegating such powers to subordinates amounted to rewriting Government Resolution dated 23-08-2011.”

Case Briefs High Courts

Alteration of Aadhaar information is a fundamental right; UIDAI duty bound to provide basic infrastructure for Aadhaar holders: Madras HC

“Once it is concluded that the statutory right set out in Section 31 of the Aadhaar Act would partake the character of a fundamental right, it becomes the duty of the Authority to put in place the requisite infrastructure and make available all facilities so that the right can be easily exercised.”

Unchallenged testimony not enough for cruelty claim

Case Briefs High Courts

‘Trial Court cannot grant divorce merely for wife’s absence’; Bombay HC sets aside ex parte divorce granted on Husband’s unchallenged testimony

“The only reason why the Trial Court found that the wife has treated the husband with cruelty is, that the testimony of the husband had gone unchallenged.”

Case Briefs High Courts

Kerala High Court dismisses plea to cancel ‘INDIA GATE’ trade mark; clarifies jurisdiction is with Delhi HC

“The power of rectification is exercisable only by the High Court exercising appellate jurisdiction over the appropriate office of the Trade Marks Registry, wherein the entry relating to the impugned mark is made.”

Case Briefs High Courts

“Shocking state of affairs”: Madhya Pradesh HC takes suo motu cognizance of alleged illegal felling of 488 trees near Bhopal

The Court remarked that the news article displayed a shocking state of affairs wherein 488 trees were sought to be axed despite the NGT declining such an action and repeated orders by the Court.

Case Briefs High Courts

Balasore self-immolation case: Read why Orissa HC refused bail to FM College HOD and Principal, but granted conditional relief to two students

“Several laws have been enacted, and several steps have been taken by the judiciary as well as the administrative machineries to prevent such kind of occurrences. However, all such steps have gone in vain, and the society has collectively failed to save the life of a young girl.”

Case Briefs High Courts

“If husband has duty towards parents, he also has duty to empower wife”: Madhya Pradesh HC grants maintenance to Homeopathy doctor pursuing MD

“If the husband has a duty towards his parents, then he also has the duty to complete the course that would enhance the capability of the wife and to empower her. Equality in marital tie-up does not mean development of only one, and restrictions for the other, especially the wife.”

Case Briefs High Courts

Delhi High Court directs 1 Month custody for man who intimidated Local Commissioner during Court-Ordered Inspection

It is the case of contemnor that the alleged object was not a firearm, but a toy gun used to scare away stray animals and the said toy gun was lying on the office table prior to the inspection, which unintentionally got mixed with a pile of papers.

false allegations of illicit relationship

Case Briefs High Courts

‘False allegations cause mental agony, doom marriage’; MP HC grants divorce to husband over wife’s false claims of his illicit relationships

“We are aware that relationship between the parties had gone so bitter that neither of them was having any empathy for the other, but even this kind of relationship cannot be an excuse to make false allegations regarding the moral character of the other party.”

Jamia Teachers Association's dissolution

Case Briefs High Courts

Delhi High Court quashes Jamia Millia Islamia’s order dissolving Jamia Teachers Association

“The unilateral formulation and approval of a revised Constitution for Jamia Teachers Association, without consultation or consent of its members, undermines the autonomy of the Association and violates the right to self-governance inherent in Article 19(1)(c) of the Constitution.”

dismissal of CRPF constable for furnishing duplicate marksheet

Case Briefs High Courts

‘Even a minor or trivial looking lapse may endanger life’: Delhi HC upholds dismissal of CRPF Constable/Water Carrier for furnishing duplicate marksheet

“Any service especially Defense and Security Services, require a kind of trust between the employer and employee and it is all the more essential where the security of life, limbs and property of the citizens of the country are concerned.”

Case Briefs High Courts

Dismissal of SLP by Supreme Court with or without reasons, will not attract the Doctrine of Merger: J&K and Ladakh HC

“While exercising the review jurisdiction, it must be borne in mind that review proceedings are not by way of an appeal and must strictly be confined to the scope of Order XLVII Rule 1 of the Civil Procedure Code, 1908”.

Limitation begins when continuous breach of contract ceases

Case Briefs High Courts

‘When breach of contract is continuous, limitation runs from date of cessation of breach’; Kerala HC upholds dismissal of suit for damages

“The breach continued only during the period of the contract and not upon its expiry. The Court observed that the breach was continuous, but only during the subsistence of the contract. Once the contractual period fixed by the parties had expired, the breach could no longer be considered ongoing.”

railway officials partying in boxing ring

Case Briefs High Courts

“Disregard for sanctity of place meant for sports training & practice”: Chhattisgarh HC takes suo motu cognizance of railway officials partying in SECR’s boxing ring

“Such conduct reflected gross misconduct and disregard for the sanctity of a place meant for sports training and practice.”

Case Briefs High Courts

Apathy towards aged in-laws, prolonged denial of intimacy and false complaints against husband amounts to cruelty: Delhi HC

“Sustained neglect of marital obligations, coupled with acts designed to exacerbate discord, eroded the very foundation of the matrimonial bond.”

Case Briefs High Courts

Know why J&K and Ladakh HC quashed preventive detention order executed after 45-days delay

“If a detenue satisfied the Court that there was an unexplained delay in execution of the detention order, then such an order would be interpreted as breaking the live-proximity link in between the event of detention and passing of the detention order.”

Case Briefs High Courts

FIR registered to ‘wreak vengeance’ can be quashed: Delhi High Court quashes 17-year-old attempt to murder case against Madhu Kishwar

“Even if the allegations of the complainant are taken at the highest, considering the complainants conviction in a case arising out of same incident, the same can at best be considered as a self-defense or an altercation at the stage when the complainant has formed an unlawful assemble and caused injuries to the petitioner and another person when they were carrying out certain functions assigned to them.”