High Courts Archives

Allahabad High Court overturns Trial Court’s denial of Passport NOC to BBC journalist for reporting on Barabanki Mosque demolition

The judgment marks a significant development in the evolving jurisprudence concerning personal liberty, the scope of State authority in passport-related matters, and the rights of individuals facing criminal proceedings.

Case Briefs High Courts

Delhi High Court imposes 50k costs on advocate for filing PIL using own credentials without petitioner’s signature

The Court observed that filing complaints against unauthorized construction by advocates themselves, coupled with writ petitions submitted without the signatures of the purported litigants, amounts to a clear abuse and misuse of the judicial process.

Case Briefs High Courts

Development versus Environment Protection | Rajasthan High Court mandates to plant ‘10 trees for every one fell’ for development & beautification project

“A Master Plan is a policy document for guiding the future development of the cities or towns in a planned manner which cannot be modified or revised… at the whims and fancies of the authority concerned… It should be implemented in larger public interest.”

Case Briefs High Courts

Punjab and Haryana HC directs release of police officer’s retiral dues withheld due to pending case under Punjab Excise Act

“The petitioner virtually retired in 2018, but he is unable to get his retiral dues because of the FIR. He cannot be held guilty for non-adjudication of the FIR. The fault lies either with the Police Authorities or Public Prosecutor or Court Staff.”

Case Briefs High Courts

In absence of any documentary proof of date of birth, ossification test is required: Delhi HC sets aside conviction under POCSO Act

“In the present case, despite the clear statement given by the survivor that the relationship between the appellant and herself was consensual in nature, he has been convicted under the POCSO Act only for the reason that on the date of incident she was less than 18 years of age.”

Case Briefs High Courts

Two men walk free after 43 years as Allahabad HC acquits them in 1977 murder case

“The failure of the prosecution to explain the genesis and origin of the occurrence has the effect of prosecution failing to bring on record the correct version of the event.”

Case Briefs High Courts

[Section 509 IPC] Delhi High Court reinforces validity of amicable settlements in ‘In-Flight Staring’ FIR case

On 28-05-2024, the complainant while flying from Indore to Delhi alleged that co-passenger stared at her persistently, causing discomfort.

Case Briefs High Courts

“Farmers’ protest against Jawai Dam water distribution as democratic dissent stemmed from genuine resentment”; Rajasthan High Court quashes FIR

“In a democracy, of the people, by the people, and for the people, peaceful protest is a constitutional right. Simply because an individual took to the streets to protest in order to safeguard their rights when their interests were affected does not imply that they have committed offences.”

Case Briefs High Courts

Inside Madras High Court’s decision recognising same-sex couples’ right to form a family

“Marriage is not the sole mode to found a family. The concept of “chosen family” is now well-settled and acknowledged in LGBTQIA+ jurisprudence. The Supreme Court may not have may not have legalised marriage between same sex couples; they can very well form a family”.

Case Briefs High Courts

Calcutta High Court rebukes Kolkata Municipal Corporation for inadequate inspection in La Martiniere Boys’ School building collapse; Directs fresh inspection

The Court observed that the report submitted by the Kolkata Municipal Corporation lacked crucial particulars and failed to meet the substance and spirit of the earlier inspection order.

Case Briefs High Courts

‘Magistrate may ascertain arrestee’s condition through video conferencing or personal visit’: Gauhati HC grants bail to hospitalised arrestee not produced in 24 hours

‘Unless an order of remand under Section 187of the BNSS is passed, the initial arrest of the arrestee beyond the period of 24 hours from the time of his arrest will become illegal.’

Case Briefs High Courts

Know why Patna High Court allowed the rectification of form GSTR 3B on par with the contents of GSTR- 1

“In the government, there is no system of rectification of any return once it is filed. However, petitioner had submitted application to rectify GST 3B on par with the GSTR 1 relating to certain total taxable value, total integrated tax, total CGST, total SGST.”

Case Briefs High Courts

‘Possibility of accused exploiting victim’s fear can’t be ruled out’; Rajasthan High Court refuses to quash FIRs alleging rape on false promise of marriage

“In Indian societal norms, the matters relating to sexual assault in large number of cases are not being reported by women timely… The possibility of accused taking benefit of the situation… cannot be ruled out.”

Case Briefs High Courts

‘Selection done in slipshod manner’; Punjab and Haryana HC holds Haryana’s socio-economic bonus marks in civil service exams as unconstitutional

“The process adopted by the State must fall within the four corners of the ethos of the Constitution and equality clause, the writ petitions cannot be dismissed on technical grounds.”

Case Briefs High Courts

Bombay HC grants bail to a man allegedly involved in vehicle registration scam by forging documents

In the present case, the crime pertains to a scam, wherein vehicles from other states and/or the vehicles which could not have been registered, were registered in the State of Maharashtra by creating false documents with the involvement of government officials.

Case Briefs High Courts

‘Punishment of juvenile in conflict with law is not the purpose of juvenile justice’; Patna HC sets aside order of conviction against juvenile under Arms Act

“The J.J. Act, 2000 is based on our belief that children are the future of the society and in case they go into conflict with law under some circumstances, they should be reformed and rehabilitated and not punished. No society can afford to punish its children”.

Case Briefs High Courts

False 498-A complaint and acquittal amount to ‘mental Cruelty’: Andhra Pradesh High Court affirms divorce after 29 years of separation

“The ill conduct must be persistent for a lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer.”

Case Briefs High Courts

‘Deplorable approach adopted by Union towards its own army personnel’; Punjab and Haryana HC rejects pleas against rounding off disability element of disability pension

“Unnecessary litigation is being burdened both before the AFT as well as before this Court on account of insensitiveness and an attitude for not complying with the Supreme Court’s judgments which have attained finality.”

Case Briefs High Courts

Calcutta High Court Grants Bail and Police Protection in FIR Against Law Student Over Alleged Blasphemous Post

Calcutta High Court observed that the impugned order appears to have been issued in oversight of the directions issued in the case of Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273.

Case Briefs High Courts

Rajasthan High Court quashes Revenue Court’s order due to procedural lapse; calls for establishing Administrative Judicial Academy for legal training in Revenue Courts

“An independent and efficient judiciary is the bedrock of any democracy. In India, the increasing complexity of legal disputes burgeoning caseloads and evolving dimensions of justice delivery have necessitated continuous judicial education.”