High Courts Archives

19 year old married woman allowed to live with lover

MP HC Appoints Shourya Didis for 19-Year-Old Woman Who Left Matrimonial Home After Marriage to 40-Year-Old Man, Allows Her to Live With Lover

The Woman informed the Court that she was a major and was living with Respondent 4 by choice as her husband was much older and ill-treated her.

Case Briefs High Courts

Merely lodging cases does not amount to mens rea for abetment to suicide: Allahabad HC grants relief to wife & family in husband’s suicide

The High Court noted that to attract Section 306 IPC, suicide must be a direct consequence of instigation by the accused.

Case Briefs High Courts

Bombay HC Lays Down Test for Rejection of Election Petitions

The Court must examine whether the petition, even if taken as unopposed and all averments are accepted as true, would entitle the petitioner to a favourable verdict; if not, it discloses no cause of action.

Case Briefs High Courts

Delhi HC Cracks Down on Unauthorised “The Pioneer” Publication, grants ad interim injunction for Trade mark and Copyright Infringement

The publication of the newspaper is a coordinated and layered process involving editing, designing, visual creation and compilation.

Legal research not sufficient cause for condoning delay

Case Briefs High Courts

Legal Research or Understanding of Order Not “Sufficient Cause” for Condoning a Delay of Over 1 Year by Practising Advocate: Delhi HC

“While considering an application for condonation of delay, the party seeking such indulgence is required to place before the Court a cogent and satisfactory explanation covering the entire period of delay, preferably explaining the delay day-to-day or at least stage-wise.”

Case Briefs High Courts

New Grounds Can’t Save a Bad Order: Jharkhand HC directs fresh Consideration of Woman’s Long Pending Compassionate Appointment Plea

“An order which is bad in the beginning, cannot be validated by any additional ground brought out later. The appellants cannot be allowed to raise a completely new ground to justify their action.”

Father gets custody of child placed in orphanage

Case Briefs High Courts

Mother placing child in hostel meant for orphans not in his best interests; Kerala HC grants custody to father

“The child stated that he was not being properly looked after while staying with his grandmother, and that he was not provided adequate food, particularly in the mornings and that his only substantial meal was the lunch provided at school. However, the father, his sister, and the child’s grandfather extended assurance for the child’s future welfare.”

Second marriage contracted by Muslim male

Case Briefs High Courts

Second marriage by Muslim man not bigamy under Section 494 IPC, as Muslim Personal Law permits polygamy: Madhya Pradesh High Court

“A second marriage contracted by a Muslim male during the lifetime of his first wife is not treated as void merely on the ground that the first marriage is still subsisting.”

Rs. 22 lakh cash-for-job & fake PhD degree scam

Case Briefs High Courts

“Shows a very low state of moral fibre in society”: Allahabad HC denies relief to accused in Rs 22 lakh cash-for-job and fake PhD degree scam

“The allegations are very serious in nature and disclose a very chilling trend in society, where the common man has developed a perception that anything can be done by the payment of a bribe.”

Case Briefs High Courts

J&K and Ladakh HC| No Bar on Anticipatory Bail under S. 18 SC/ST Act on Absence of Prima Facie Disclosure of Ingredients of Offence

“Courts in exercise of criminal jurisdiction to consider a bail plea cannot embark upon a ‘mini trial’ to resolve factual disputes, and therefore, whether the word ‘chinal’ was caste-based, gender-specific, or a religious symbol could only be decided during a full-dressed trial and cannot be considered in a bail plea.”

Case Briefs High Courts

Delhi HC Raises Key Question on BNSS Cognizance, Seeks Larger Bench Clarity

The host and owner of the InControversial podcast had filed a petition for quashing of proceedings under a criminal defamation complaint.

multiple life sentences to run concurrently not consecutively

Case Briefs High Courts

Life sentences must run concurrently, not consecutively: Bombay HC reiterates SC position and sets aside added 10-year term

The Court emphasised that while multiple life sentences may be imposed, they cannot run consecutively but operate simultaneously, so that remission in one does not ipso facto apply to others.

Expulsion of student over peaceful protest

Case Briefs High Courts

“Peaceful Protest and Non-Violent Dissent Are Natural to Academic Environment”: Delhi High Court Quashes Student Expulsion

A university that accepts only obedience and discourages protests and criticism would fail in its broader educational role.

Right to be considered for promotion fundamental right

Case Briefs High Courts

Right to be considered for promotion is a fundamental right: Punjab and Haryana High Court mandates quarterly Departmental Promotion Committee meetings

“Delay in convening the Departmental Promotion Committee not only causes financial loss to the concerned officers on account of delayed promotion to the next higher grade, but also adversely impacts their future career progression, as it correspondingly postpones their eligibility for further advancement.”

Illegal encroachment of gram sabha land by mosque

Case Briefs High Courts

Allahabad HC denies relief against eviction in gram sabha land encroachment case

“With regard to the imposition of penalty, this Court is of the view that there was no material to link the petitioners to either the construction or the occupation of the mosque the same cannot be sustained and is accordingly set aside.”

consensual relationship case involving minors

Case Briefs High Courts

Uttaranchal High Court stays proceedings against minor boy accused of kidnapping minor girl in consensual relationship case

The minor victim admitted in her statement that she was engaged in physical relations with the minor boy, which was consensual.

Case Briefs High Courts

Allahabad High Court directs IGP to investigate honey-trap gang operating through women to extort innocent people

“If offences like these are permitted to continue, it would become difficult to live in a decent world.”

Case Briefs High Courts

Even Property Owner Can Be Guilty of Trespass: Kerala HC Explains Why

“Offences such as criminal trespass and house trespass are offences against possession and not against ownership. Therefore, even a true owner cannot, under the guise of ownership, unlawfully enter premises in the lawful possession of another with the intent to commit an offence.”

breach of undertaking in domestic dispute

Case Briefs High Courts

Bombay High Court Denies Anticipatory Bail for Breach of Undertaking to Compensate Wife for Stridhan

The applicant-husband first agreed in Court to compensate the complainant-wife for the stridhan, but backed out later

Case Briefs High Courts

Driving Licence Can’t Be Deemed Fake Solely for Being in Booklet Form if Smart Card Conversion Window is Still Open: Delhi High Court

The Court held that insurance claim cannot be repudiated merely because driving licence was in booklet form prior to smart card conversion deadline.