High Courts

refusal to marry due to Kundali mismatch
Case BriefsHigh Courts

“The contention that the marriage could not take place due to non-matching of kundalis appears inconsistent with his own conduct and representations made over the years. If the issue of kundali matching was indeed of such determinative importance for the applicant and his family, the same should have been resolved at the threshold before entering into physical relations.”

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trans person asked to take medical exam
Case BriefsHigh Courts

“The Act was legislated in order to give an element of protection to transgender persons, who on account of circumstances beyond their control were born into bodies not aligned with their identities. The social ostracism of such people had led the Parliament to enact the special statute.”

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Shatrughan Sinha
Case BriefsHigh Courts

“The concept of personality right has gained momentum by reason of unauthorised exploitation on digital platforms and social media for commercial gain, which often results in tarnishing or damaging the personality rights of an individual and more often of a renowned and well-known personality.”

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continuation of existing Labour Courts
Case BriefsHigh Courts

“Permitting existing adjudicatory mechanisms and statutory authorities to continue till new mechanisms are put in place cannot be said to be sidestepping the provisions of the Industrial Relations Code, 2020 or removing obstacles to get over statutory restrictions.”

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Succession Certificate for Pension Arrears
Case BriefsHigh Courts

“In the absence of any rival or competing claims, and where the identity and entitlement of the legal heirs are clearly verified, the competent authority may release retiral benefits, pensionary dues, compensation.”

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service of grounds of arrest
Case BriefsHigh Courts

The Court noted that “reasons to believe” are mandatory to be recorded; however, they need not be supplied along with the arrest memo to the accused, unlike the “grounds of arrest”, which must be supplied.

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habeas corpus in child custody
Case BriefsHigh Courts

“The Mother and child love and affection is more relevant than anything else. The laws are made for the citizens but citizens are not born for the laws. No law can deprive the child or mother from their bondage, love and affection and the relation cannot be denied.”

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interim bail custody calculation
Case BriefsHigh Courts

The Court held that only the period of actual custody undergone by an accused can be considered while computing the permissible period for police custody or statutory bail, and the duration during which an accused remains on interim bail cannot be counted as detention.

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gift deed cancellation
Case BriefsHigh Courts

“It is quite vivid that though not explicit but implied condition of taking such care would continue throughout the lifetime of respondents exists, thereby it needs not be expressed as written condition to declare the gift deed to be null and void.”

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Jharkhand High Court stays investigation
Case BriefsHigh Courts

“The federal structure of our Constitution of India cannot be allowed to be destroyed and it is a duty of the High Court that once such type of matter is brought to the knowledge of the Court, the High Court is required to rise to the occasion.”

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criminalise consensual relationship
Case BriefsHigh Courts

“Criminal law is meant to protect genuine victims of crime, not to rewrite the history of a relationship that was voluntarily entered into, publicly acknowledged, and sustained over several years.”

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Ladli Behna Yojana
Case BriefsHigh Courts

The Court held that decisions relating to eligibility criteria, age limits, and closure of registrations fall within the executive policy domain of the State and are not amenable to judicial review in the absence of arbitrariness, statutory violation, or unconstitutionality.

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restoration of expired patent
Case BriefsHigh Courts

“The non-payment of renewal fee within the time was due to the fault of the authorised agent, and the date of expiry of the patent on 22-09-2021 was within the Covid-19 pandemic period.”

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negative DNA report in rape case
Case BriefsHigh Courts

“The purpose of DNA test in rape case is to facilitate the prosecution to prove its case against the accused and merely because the DNA test has a negative report”.

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offering Namaz at restricted place
Case BriefsHigh Courts

The Court remarked that the in India, citizens of every faith, belief of different caste, creed and religion are free to follow their faith and belief as per their own rituals. However, considering the mixed culture of the society, certain yardstick and the suggestions have to be followed by the citizens.

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systemic failure in land acquisition proceedings
Case BriefsHigh Courts

“A large number of cases disclosed unjustified delay of nearly three decades in completing land acquisition proceedings even after taking possession of the petitioners’ lands which resulted not only in grave prejudice to the landowners but also in substantial and avoidable financial burden on the public exchequer.”

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Jharkhand HC missing children
Case BriefsHigh Courts

“What will happen in other cases where the parents of missing or trafficked children are themselves facing the rigors of trafficking of their own child and are not in a position to approach the Court.”

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charging high interest not abetment
Case BriefsHigh Courts

Although much emphasis is laid on the calls received by the deceased on the day of his death and the petitioner has sought to argue that the manner of demanding repayment constitutes as harassment, in the opinion of this Court, even if the allegations are taken at the highest, such incessant pestering still falls short of instigation.

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MP Cough Syrup Deaths
Case BriefsHigh Courts

The Court noted that the accused doctor received commission for prescribing the cough syrup and his co-accused destroyed the evidence regarding cough syrup to save him.

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defamatory proceedings against Rahul Gandhi
Case BriefsHigh Courts

“In absence of any material to show that the advertisement was at the instance of Rahul Gandhi, reliance on advertisement by itself could not lead to the assertion that it was published by him with the requisite intention to defame.”

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