High Courts Archives

Bombay HC commutes POCSO convict’s life sentence to 12 years; cites his constructive participation in education and Gandhian thoughts

“The accused was only 20 years of age at the time when the offence took place, as reflected in the FIR, and was not released on bail even during Covid-19.”

Case Briefs High Courts

Mother’s role as primary caregiver doesn’t curtail her right to education and personal growth: Delhi HC permits mother to pursue higher education abroad

“The right to personal development is an integral facet of the right to life and personal liberty under Article 21 of the Constitution, and, therefore, any interpretation of ‘custody principles’ must be interpreted in a manner that not only respects and upholds this constitutional guarantee but also is in sync thereof.”

Case Briefs High Courts

Abortion rights extended to unmarried women up to 24 weeks: Bombay HC directs wide of circulation of Supreme Court ruling across State authorities

“The woman is in unique and often difficult circumstances with respect to her physical, mental, social, or financial state, and all the different categories of women seek an abortion after twenty weeks either due to delay in recognizing the pregnancy or because of some other change in their environment.”

Case Briefs High Courts

Whether a Non-Executive Director can be held vicariously liable under Section 141 NI Act? Delhi HC answers

“Mere bald cursory statement in a Complaint that the Director (arrayed as an accused) is in charge of and responsible to the company for the conduct of the business of the Company without anything more as to the role of the Director, is not sufficient.”

Case Briefs High Courts

Perfunctory public notice vitiates permission to fell trees; Bombay HC directs strict compliance of Maharashtra Trees Act

“We see no difficulty in such details being included in the newspaper, when a notice is published, so that adequate opportunity can be availed by those who are interested in raising objection, out of environmental concern or for any other reason which a person deems appropriate.”

Case Briefs High Courts

Delhi High Court protects Vivek Oberoi’s personality rights; Directs take down of AI generated deep fakes

“The copyright of the plaintiff over his own personality, which include, amongst others, his image, likeness, voice, name, signature, which are distinctive and exclusively associated with him, cannot, prima facie, be doubted at this stage.”

passing off action against registered proprietor

Case Briefs High Courts

Delhi HC resolves “Kerly Impasse” in ‘FIELDMARSHAL’ Trademark Dispute; holds prior user prevails over dormant registration

“A textbook case of the ‘Kerly impasse’ where infringement and passing off coexist as concurrent causes of action”

Case Briefs High Courts

Universities must regulate student political activities and ensure congenial atmosphere to curb violence: Kerala HC

“It is the responsibility of the Universities and Colleges to ensure that no untoward incident takes place in the campuses, and they must make all endeavour to ensure that academics is not compromised for reason.”

Case Briefs High Courts

Read Why Madhya Pradesh High Court dismissed plea challenging ED search in SKNL bank fraud case

The respondent stated the petition is premature since ED already filed proper applications about search, seizure, and property attachment. Therefore, the Court stated that petitioner can raise all objections, including legality, before the adjudicating authority under PMLA.

Case Briefs High Courts

“Humiliating, would cast a permanent scar on his character”: Allahabad HC quashes direction to student to display placard saying he won’t misbehave with girls

“Direction of such nature wherein the appellant would carry a placard with message that he will never misbehave with any girl and stand at the gate of the University carrying placard for 30 minutes for 30 days, is not only humiliating but would cast a permanent scar on the character of the appellant, which, in the circumstances of the case, is not called for.”

Case Briefs High Courts

Delhi HC issues protective directives for lawyers, including Round-the-Clock Security, Bar Council Inquiry, Court Security Arrangements, etc.

“Learned counsel, in unison, have expressed their concern about the reported incident and have categorically stated that such incident, if it had occurred, not only threatens security the individual lawyers practicing in the Courts, but also erodes the dignity and propriety of the proceedings of the Courts.”

Case Briefs High Courts

Kerala HC directs closure of unrecognised school teaching Quran; Allows temporary operation only till 2025-26

“It was undisputed that the educational institution was being run without valid recognition from the Government concerned, and the averments in the educational institution’s counter affidavit stated that the said institution was imparting preschool education to about 300 students, teaching Quran and allied subjects.”

Case Briefs High Courts

Permanent alimony does not absolve husband’s sacrosanct duty of financial support: Jharkhand HC upholds Rs 24,000 maintenance under S. 125 CrPC

“She is entitled in law to lead a life in the similar manner as she would have lived in the house of her husband, as that is where the status and strata come into place, and that is where the obligations of the husband, in case of a wife, become prominent.”

Case Briefs High Courts

Born in India = Citizen by Birth: Delhi High Court grants Passport Relief to Tibetan-origin woman

“A person is an Indian citizen by birth in terms of Section 3(1)(a) of the Citizenship Act, 1955, if such person was born in India on or after 26 January 1950 but before 1 July 1987.”

Case Briefs High Courts

“Sanitation is a Basic Human Right under Article 21”: Bombay HC orders Adequate Toilets in Mumbai Slums

“Making adequate provisions for toilets / sanitation facilities concerns the basic human rights under Article 21 of the Constitution/”

Case Briefs High Courts

Examiner entitled to correct/re-evaluate marks “at the first blush”; Delhi HC dismisses plea challenging DJSE-2023 evaluation process

“In view of the express bar on re-evaluation, the subjective nature of the assessment, and the absence of any material error or exceptional circumstance, judicial interference is unwarranted.”

POCSO acquittal over victim's unreliable statements

Case Briefs High Courts

Inside Karnataka HC’s order upholding acquittal in POCSO case; highlights victim’s inconsistent and untrustworthy statements

The Court observed that the victim admitted being about 18 years old, while her father’s evidence on age was inconsistent. With contradictions between oral and medical evidence, minority was not proved, and hence, Protection of Children from Sexual Offences Act, 2012 could not be invoked.

Case Briefs High Courts

‘Merely addressing the gathering’; Patna HC quashes assault case against Bihar Minister Santosh Kumar Suman

Upon perusal of the FIR and considering the submissions, the Court held that there was clearly no allegation of assault against Santosh Kumar and he was only addressing the gathering, which did not support the prosecution’s case.

transfer of case not allowed on imaginary anxieties

Case Briefs High Courts

Punjab and Haryana HC: Transfer application cannot be allowed on whims or imaginary anxieties; clear evidence of genuine risk to fair trial required

“Judicial error is not synonymous with judicial partiality and hence mere passing of an unfavorable order, or even an order subsequently set aside by a superior Court, does not ipso facto establish a foundation for bias or prejudice.”

execute decree without imposing conditions

Case Briefs High Courts

Executing Court should execute decree without imposing onerous condition: Punjab and Haryana High Court

In the present case, the Executive Court imposed a condition directing the petitioner to furnish a bank guarantee for release of the amount.