High Courts Archives

‘Endangers public health, strikes at root of societal imbalance’: Telangana HC on spread of Narcotic Substances

“Public health and safety form an essential part of the constitutional vision under Articles 21 and 47 of the Constitution of India.”

Case Briefs High Courts

“The film is an inspiration and fiction”: Madhya Pradesh HC denies relief to Shah Bano’s daughter against release of ‘Haq’ Movie

“Since the film is an inspiration and a fiction, some amount of leeway is certainly permissible and merely because the same is done, it cannot be said that there has been any sensationalization or false portrayal.”

Case Briefs High Courts

First wife not a silent spectator; Must be heard before registration of Muslim man’s second marriage: Kerala HC

“The Court cannot ignore the feelings of the first wife and allow a Muslim man to march over her, for registering his second marriage, without notice to the first wife.”

Case Briefs High Courts

‘100 lives lost in 2 weeks’: Rajasthan High Court takes suo moto cognizance of recurring road accident deaths, seeks Centre and State response

“It is of grave concern that, while the nation places immense value on its human resource, widespread apathy and negligence among citizens regarding public and road safety continue to magnify societal anguish.”

Family property dispute under Senior Citizens Act

Case Briefs High Courts

Settling family property disputes under Maintenance & Welfare of Parents & Senior Citizens Act, 2007 is against its object: Punjab and Haryana High Court

In the case at hand, a transfer deed was executed between a senior citizen and his grandchildren, which stated that the transfer was subject to the condition that the transferee would provide the senior citizen with basic amenities.

Case Briefs High Courts

Chinese Manjha Deaths Case: Chhattisgarh HC disposes PIL, directs State to ensure strict implementation of ban on manufacture, sale, storage, & use of manjha

“The State is expected to remain vigilant and adopt all preventive steps to safeguard the lives and safety of its citizens.”

Case Briefs High Courts

Madras High Court: Elderly wife’s silent suffering is not consent, marriage doesn’t entitle men to unquestioned authority

“Protecting octogenarian women who have lived entire lifetimes within oppressive domestic environments is not merely an act of legal redress, but a reaffirmation of the constitutional promise of dignity under Article 21 of the Constitution.”

Case Briefs High Courts

Patna HC denies relief to RJD candidate Sweta Suman for her nomination rejection in upcoming Bihar Polls

“If any interim or final orders are passed at this stage, it would directly affect the election process and would have the effect of delaying or protracting the election process, which admittedly has already commenced.”

Mere taunts not cruelty under Section 498A

Case Briefs High Courts

Mere taunts, casual references, vague assertions or general family friction not “cruelty” under Section 498A: Delhi High Court

While general allegations may suffice for the purpose of investigation being commenced, the same is not sufficient for the continuance of consequent proceedings.

Case Briefs High Courts

Application for consolidation of multiple suits is not maintainable under S. 10 CPC: Himachal Pradesh HC

“Section 10 CPC relates to the principle of res subjudice wherein, a subsequent suit filed between the same parties on the same cause must be stayed in the light of the pendency of the earlier suit. It is not concerned with the issue of clubbing or consolidating the cases.”

Case Briefs High Courts

Orissa High Court: Plaintiff as dominus litis cannot be compelled to implead intervenors without clear grounds for relief

“The plaintiff being dominus litis cannot be forced to implead someone against whom he does not specifically seek any relief. It goes without saying that if he has chosen not to, he does so at his own risk.”

Case Briefs High Courts

Mandatory Attendance Cannot Cost a Student’s Life: Delhi High Court directs nationwide reform in legal education after Sushant Rohilla case

The intervening parties, including the family of the deceased student have exhibited enormous resilience and deserve to be commended for continuing to pursue the cause, despite the enormous tragedy which struck them with the demise of the student – Sushant Rohilla who has now left a permanent and indelible mark in the legal education space.

false promise of marriage versus breach of promise

Case Briefs High Courts

False promise of marriage not same as breach of promise: Delhi High Court grants anticipatory bail in Rape case

Criminal law cannot be used as an instrument of coercion or revenge when a consensual relationship turns sour. The protection of personal liberty, as enshrined under Article 21 of the Constitution, must remain paramount, especially when the allegations appear to be exaggerated or motivated.

Case Briefs High Courts

“Action taken by State only an eye-wash”: Chhattisgarh HC seeks strict solutions against road hooliganism

“If such action is what the State considers adequate for violations of rules and regulations under the law, it would only demonstrate a careless effort on the part of the authorities, lacking seriousness to check such incidents wherein highways and public streets are being used for celebrating birthdays by affluent individuals as well as others.”

lawyer post on mamata banerjee personal life

Case Briefs High Courts

Calcutta HC rejects Lawyer’s plea to quash defamation case over sharing book extracts on Mamata Banerjee’s personal life

“The Public Prosecutor concerned has a statutory right to file appropriate proceedings if the Minister of a State etc. is defamed in relation to his conduct in discharge of his public function.”

presence of teachers in schools for poor children

Case Briefs High Courts

“No mechanism to ensure attendance of teachers at ground level”: Allahabad HC directs State to ensure presence of teachers in institutions/schools for poor children

“The fundamental right of a child belonging to a poor village studying in a primary educational institution cannot be violated by any person, even a teacher who is treated as a Government employee/State under the Constitution.”

Case Briefs High Courts

Delhi High Court refuses to interfere with FSSAI’s order banning use of term ‘ORS’ on label of food products and beverages

“This is particularly in light of the deleterious effect and adverse health in the event of consumption of water-based, fruit-based, non-carbonated and ready-to-drink beverages by those who are in medical need of an ORS (Oral Rehydration Salts) formulation.”

fee hike by Karnataka State Law University

Case Briefs High Courts

Karnataka HC quashes Karnataka State Law University fee hike: Are students getting excess fees back?

In the present case, the Karnataka State Law University hiked the fee charged by students by 128 per cent.

Strict Enforcement of Animal Welfare Laws

Case Briefs High Courts

Bear Fatal Torture Case| Chhattisgarh HC directs State to strictly enforce Animal Welfare Laws, sensitise officers and public

“The Principal Chief Conservator of Forests shall ensure strict enforcement of the guidelines, policies, laws, or rules and shall periodically sensitize officers and the public regarding animal welfare.”

Public ground cannot be reserved for one community

Case Briefs High Courts

Public ground belongs to all: Madras High Court allows conduct of Hindu event; upholds Fundamental Right under Article 25

“When it comes to upholding fundamental rights, it is the duty of the local administration to stand in aid of the same. The police should not choose the easy option of stifling the fundamental rights.”