High Courts Archives

‘Suspension from exams too harsh & disproportionate to alleged act of indiscipline’; Telangana HC directs NMIMS, Hyderabad to allow final year law student to sit for exams

The petitioner-student herein had allegedly exposed the incident of food poisoning that took place at NMIMS earlier this year.

Case Briefs High Courts

Delhi HC dismisses petition to quash FIR against man accused of repeated rape, unnatural sex, forcing abortion and threatening to circulate nude photographs and videos

“If the complaint lodged by the prosecutrix is truthful, instead of extending premium to a rapist and a molester by pushing the helpless rape victim into his matrimony, it would be the duty of the State to ensure her a dignified life by providing her food, shelter and clothing.”

Case Briefs High Courts

Bombay High Court directs State to consider separate registration facility for patients who will need organ transplant in future

When the health and life of the patient itself is rendered delicate and worrisome, any procedure for the basic requirement of registration needs to be of absolute ease and comfort.

Case Briefs High Courts

SC/ST Act protection ceases to apply post conversion to Christianity; Andhra Pradesh HC quashes complaint by a pastor

Mere non-cancellation of the caste certificate by the authority to a person who has converted into Christianity cannot instill the protection granted under the Protective Legislation.

Case Briefs High Courts

Compassionate appointment is one-time benefit, no betterment of position allowed; Chhattisgarh HC reiterates while rejecting post upgradation plea

“Acceptance of appointment, even under protest, amounts to exhaustion of the one-time benefit. There cannot be endless negotiation or choice in such appointments, which are an exception to the general rule of recruitment.”

Case Briefs High Courts

Bombay HC restrains Innovation Coatings (P) Ltd. from using “INOVA 1K PUR” mark; grants interim injunction to Pidilite for mark “1K PUR” for adhesive products

The defendant’s contention that the expression “1K PUR” is common to trade or publici juris, was rejected and the Court opined that a party asserting that a word/expression has become common to trade must satisfy the test of extensive, actual, and continuous use of such an expression in the market.

Case Briefs High Courts

Crucial for Courts to be conscious of accused’s right to speedy trial, rather than waking up too late and lament that such right is defeated: Delhi HC

In the present case seeking regular bail by the accused, the charge-sheet comprising about 10,000 pages was filed over 1 year ago citing 49 prosecution witnesses, but charges are yet to be framed. Therefore, the Court stated that it is obvious that trial will take a long time to conclude.

Case Briefs High Courts

Gold Ornaments given to bride constitute ‘stridhan’; Rigid legal proof not required in claims for its return: Kerala High Court

“The gold given to a bride at the time of marriage is often kept by the husband or his family under the guise of safekeeping of family customs. The woman rarely gets a written record or receipt for such transfers and the woman’s access to her own ornaments can be restricted”.

Case Briefs High Courts

Delhi High Court grants bail in 2018 murder case after identified victim found alive and body remains unidentified

It is extremely saddening that a human being lost life in such gruesome manner and the body was cut into pieces way back in the year 2018 but till date even identity of the deceased has not been established.

Case Briefs High Courts

Calcutta High Court directs wife to pay ₹1,00,000 damages for defaming husband by publishing false second marriage claim in newspaper

The wife published two notices in a local newspaper without her husband’s knowledge, claiming ignorance of the informant’s identity and failing to ascertain the name of the girl allegedly involved with him despite diligent efforts.

Case Briefs High Courts

MP High Court calls for report on Legal Aid provided to undertrials/convicts in filing Bail applications, appeals & revisions

In the instant matter, appellant was a poor person having no source of earning and there was no one in the immediate family to take care which caused delay in filing the appeal.

Case Briefs High Courts

‘Illegal construction by residents, cannot claim vested right for resettlement & rehabilitation’; Gujarat HC refuses to stay demolition drive on Chandola Lake

The Court stated that since the land was a notified water body and no construction could be permitted on it, the constructions carried out by the residents was illegal.

Case Briefs High Courts

Bar Associations not ‘State’ under Art. 12 of Constitution, hence writ petition under Art. 226 not maintainable against them: Bombay HC

The bar associations are either societies registered under the Societies Registration Act, 1860, or trusts; are governed by their own byelaws or rules and there is no pervasive control of the Government or even of the Bar Council on the bar associations.

Case Briefs High Courts

Offence under POCSO Act not against individual but against society; Subsequent marriage between accused and victim does not erase the crime: Madras HC

“Offence under the POCSO Act is not against individual and it is against the Society. Hence, the subsequent marriage between the convict and the victim will not take away the offence committed by the convict when the victim girl was a child. If the defence of subsequent marriage or the elopement is accepted, then the purpose of enactment of the POCSO Act would get defeated.”

Case Briefs High Courts

Meghalaya HC closes suo motu PIL to protect wetlands, considering none of the sites qualified as Ramsar site

The Supreme Court had directed the High Court to pass suitable orders for the State for the identification, preservation, and maintenance of these waterbodies in accordance with the resolution taken in the Ramsar Convention.

Case Briefs High Courts

Karnataka HC emphasises on the need for Investigating Officers acquainted with technology to tackle emerging cybercrimes

“An ordinary Investigating Officer or a conventional Investigating Officer would not be so equipped with such emerging crimes to decode the labyrinth of cybercrimes”.

Case Briefs High Courts

‘Mother equal natural guardian, cannot be implicated in kidnapping her child’; P&H HC dismisses uncle’s habeas corpus plea for custody of 12-year-old nephew

The Court noted that the mother, who ordinarily resides in Australia, merely responded to the distress call of her child who was left with the house help by his father while he was on a business trip.

Case Briefs High Courts

Delhi HC dismisses BSNL’s appeal; Upholds ₹43.52 cr. arbitration award in favour of Vihaan Networks for pre-contractual work on 2G Network in Northeast

The genesis of the dispute lay in the Notice Inviting Tender by BSNL, acting on behalf of the Universal Services Obligation Fund, for the establishment and maintenance of 2G GSM BSS Network in remote and insurgency-affected areas of Arunachal Pradesh and Assam.

Case Briefs High Courts

Services provided to individual by advocate or firm are exempted from levy of service tax; Orissa HC quashes Rs. 2 Lakhs service tax notice

Services provided by an advocate or a Partnership firm of advocates providing legal services to any person other than a business entity and a business entity with a turnover up to rupees ten lakhs in the preceding financial year are exempted from the levy of service tax.

Case Briefs High Courts

‘Non-bailable warrants must not be issued mechanically’; Punjab & Haryana HC quashes bail cancellation order of accused who missed one hearing due to ill health

“The issuance of non bailable warrants must not be exercised in a mechanical manner. It must be adopted sparingly and only upon recording cogent reasons that reflect the necessity of such a stringent course.”