High Courts Archives

Delhi HC slams Income Tax Department for 8-Year delay in Refund to Microsoft; orders refund of ₹5.37 Crore with interest

Income Tax Department officers’ “utterly negligent attitude” compelled the petitioner to approach the Court.

Allahabad HC “shocked” at “widespread corruption’ as man manipulates DOB by 11 years; Directs registration of FIR

“The present state of affairs is shocking. The extent of fabrication of documents, which is directly the result of widespread corruption, is disturbing.”

Case Briefs High Courts

Jharkhand HC: Divorce granted as husband’s blackmail with objectionable photos and threats to upload them on social media amounted to mental cruelty

“Such intimidation and infliction of emotional and psychological distress using wife’s past history to blackmail itself constitutes mental cruelty.”

Case Briefs High Courts

“Shocking! Girls missing for 10+ years, Police unable to trace them”: MP HC pulls up SP, IGP for laxity in finding missing minor girls in MP

“It is really shocking that some of the girls are missing for the last more than 10 years, but still, police are not in a position to find out their whereabouts.”

insertion of father's name in son's school records

Case Briefs High Courts

“Biological father’s parental rights can’t be undermined due to matrimonial discord”: MP HC directs insertion of father’s name in son’s school records

“Parental rights of a biological father cannot be undermined at the altar of dispute between the couple. A child should not suffer the dispute, either emotionally or educationally/ socially.”

bail to father repeatedly raped his minor daughter

Case Briefs High Courts

“His right to earn livelihood cannot be curtailed”: Allahabad HC grants bail to father who repeatedly raped his minor daughter

“The conviction and sentence awarded to convict shall also remain suspended during the pendency of this appeal, since he is a Government servant and his right to earn his livelihood for survival cannot be curtailed because of implication in this case.”

proceedings against neighbour under S. 498-A IPC

Case Briefs High Courts

Stranger cannot be drawn into proceedings under Section 498-A IPC: Karnataka High Court quashed proceedings against neighbor

“Permitting further proceedings against the neighbor would become an abuse of the process of the law and result in miscarriage of justice.”

Case Briefs High Courts

‘Quasi-judicial authority has no power to review unless statutorily granted’: Patna HC reinstates Panchayat Teachers after 10 years

“The power of review being substantive in nature cannot be applied retrospectively to validate actions taken at a point of time when no such power existed.”

Case Briefs High Courts

Delhi High Court stays NHAI’s Termination Notice in Delhi-Mumbai Expressway Contract Dispute

The Court accepted the contention that encashment of insurance surety bonds aggregating to nearly ₹100 crores, prior to final adjudication, would result in grave and irreversible loss and injury.

Case Briefs High Courts

Jharkhand High Court quashes electricity duty on “net charges” for breaching constitutional limits and excessive delegation

“If electricity duty is charged on per cent of ‘net charges’ for energy consumed or sold, then similarly situated persons pay different duty depending on the distribution licensee, since the tariff fixed by the JSERC varies, which would amount to violation of Article 14 of the Constitution.”

Prolonged incarceration cannot entitle successive bail

Case Briefs High Courts

Prolonged incarceration cannot entitle allowance of successive bail: Punjab and Haryana High Court denied bail in SFIO investigation case

“A second/successive regular bail application cannot be rejected solely on the ground of maintainability thereof, but for such petition to succeed, the petitioner is required to show some substantial change in circumstances.”

Case Briefs High Courts

Kerala HC calls out delay in enacting Anti-Superstition Law, Directs State to consider Special Cell as interim measure to address complaints

“The Court noted the relevance of Article 51-A(h), which enjoins citizens to develop a scientific temper, humanism, and the spirit of inquiry, and the petitioner’s reliance on Article 21 of the Constitution, and that despite repeated adjournments and assurances, the State had neither enacted legislation nor conclusively declined to do so over a span of nearly four years.”

Case Briefs High Courts

Madras HC directs immediate police action over derogatory book title targeting sitting Judge; initiates suo motu criminal contempt against publisher

“The pictorial representation, the caricature and the expressions/words used are not only highly derogatory, but virtually abusive.”

Case Briefs High Courts

Making minor touch private parts with sexual intent constitutes Aggravated Sexual Assault under POCSO Act: Delhi High Court

Minor inconsistencies arising from age, vocabulary or manner of narration do not erode the credibility of the prosecution, particularly where the allegation relates to commission of sexual assault with sexual intent.

Case Briefs High Courts

Bombay High Court bars salon’s continued use of ‘Jawed Habib’ trademarks and copyrights following expiry of franchise agreement; Issues ad-interim injunction

“The franchise agreement prima facie indicated acceptance of ownership of the plaintiff in the registered trademarks and permitted use only during subsistence of the agreement.”

Case Briefs High Courts

“Conduct displays certain intransigence”: Allahabad HC pulls up State for non-compliance in 2013 PIL on geo-tagging of mango trees belt in UP

“No other option is left with us but to summon all the State authorities who are impleaded herein, as it appears that, in such an important matter involving public interest, they are not only not cooperating, but their conduct displays certain intransigence which needs to be addressed.”

Case Briefs High Courts

Failure to videograph recovery weakens prosecution case: Allahabad HC Grants Bail, Directs UP DGP to issue SOP

“It is clear that police has not conducted any videography of the recovery of motorcycles from the applicant or preparation of list of seized motorcycles, though, same is mandatory.”

Case Briefs High Courts

‘No willful disobedience or non-compliance’: Delhi HC rejects Meta’s claim for additional damages in Facebake v. Facebook trade mark case

“Where judgment debtors have substantially complied with a permanent injunction and no prior notice of breach was issued, execution proceedings cannot be used to seek additional compensation.”

Reserved Judgment cannot be sent to successor judge

Case Briefs High Courts

Delhi HC holds Sending case to Successor Judge for re-hearing after conclusion of final arguments and reservation of judgment contrary to right to speedy trial

Justice delayed is justice denied, and any attempt to prolong proceedings by reopening arguments after the matter stood closed and reserved for pronouncement of judgment is liable to be held vitiated in law.