Editor_4, Author at SCC Times

Justice Hima Kohli delivers a keynote address on ‘Constitution: A living document, Journey of Democracy Challenges and New Dimensions’ at ICPS

On 28-02-205, the Institute of Constitutional and Parliamentary Studies (‘ICPS’) organized a program on “Constitution: A living Document, Journey of Democracy Challenges and New Dimensions”.

Case Briefs High Courts

‘Writ Petitions can’t be filed by raising mutually destructive pleas without any sense of responsibility’; Bombay HC dismisses speculative plea against land acquisition after 77 years

“Delay, laches, and disputed questions of fact are all matters that cannot be ignored when it comes to exercising discretionary jurisdiction under Article 226 of the Constitution.”

Case Briefs High Courts

‘Cannot claim defence of illiteracy to perform illegal acts’; Bombay HC rejects Rs 5 crores compensation plea of a man whose illegally constructed house was demolished

“We have seen the rise in slums and illegal constructions in the State of Maharashtra over a period of time and no action has been taken to raze them. It is this inaction by the state authorities that fuels the desires of the persons like petitioners.”

Case Briefs High Courts

Gujarat HC allows two law graduates from allegedly unrecognized institute to participate in Civil Judge recruitment process

The petitioners had completed their LL.B., but disputes had arisen as to the recognition of their college as a recognized institute.

Case Briefs High Courts

Punjab and Haryana HC grants ex-gratia allowance to cadet who developed a disability due to strenuous military training in 1999

“There are no cogent reasons or circumstances that have been established by the authorities to the satisfaction of the judicial conscience of the Court, that the disability suffered by the cadet was neither attributable nor was aggravated on account of military service.”

Case Briefs High Courts

‘Accused cannot be made to suffer due to police official’s error’; Punjab and Haryana HC upholds Trial Court’s order recalling denial of anticipatory bail

“Although the general rule is that a Criminal Court lacks jurisdiction to recall its own orders, it cannot be ignored that the dismissal of the anticipatory bail application of the accused persons occurred in circumstances that warranted reconsideration.”

Case Briefs High Courts

Delhi High Court grants ad-interim injunction against unauthorised use of Baazi Games’ trade mark ‘BAAZI’

The Court held that Moonshine had demonstrated a prima facie case for a grant of injunction, the refusal of which would cause an irreparable loss to it.

Hot Off The Press News

1984 Anti-Sikh Riots | Rouse Avenue Court awards Life Sentence to Former MP Sajjan Kumar in murder case

On 12-02-2025, the Court found Sajjan Kumar guilty of inter alia murder, rioting, voluntarily causing hurt, attempt to commit culpable homicide, dacoity, arson, and mischief.

Case Briefs High Courts

‘Sovereign function of free medical aid not discharged by State’; P&H HC seeks explanation on lack of doctors, CT scan & MRI facilities at Civil Hospital

The Court stated that the State’s affidavit showed the dismal picture of incumbency and vacant positions in the Hospital as only two Medical Officers were posted against 39 sanctioned posts.

New releases News

Gujarat Law University awards Justice CK Thakker with Honorary Doctorate in Law & Education

Justice Thakker served as a Judge of the Supreme Court from 2004 till his retirement in 2008.

Case Briefs High Courts

‘Victim had sufficient knowledge, full capacity to know import of her actions’; Bombay HC grants bail to 24-year-old accused of raping his then 14-year-old girlfriend

“The victim has left her parents’ house without informing the parents and stayed with the accused for 3 days and 3 nights, she also confessed that she was in love with the accused and travelled along with him to different places and had a consensual encounter.”

Case Briefs High Courts

Punjab and Haryana HC rejects anticipatory bail plea in Rs. 7 Crores cybercrime through fake hearing before former CJI D.Y. Chandrachud

“It is noteworthy that instances of cyber fraud are increasing day by day, and according to the Data maintained by the Reserve Bank of India, Rs 3207 Crores were lost due to 5,82,000 cases of cyber-fraud between F.Y 2020 to F.Y. 2024.”

High Court Round Up Legal RoundUp

HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Masaba’s Trade Mark; Sidhu Moosewala’s Murder; Amandeep Singh Batra’s petition; Human Sacrifice; and more

A quick legal roundup to cover important stories from all High Courts this week.

Case Briefs High Courts

‘Normal life turned into misery’; Gujarat HC enhances compensation for minor victim who became paraplegic in a 25-year-old road accident case

“The pain and agony of a five-year-old child, who became paraplegic, is miserable, at least in the form of money, but sense prevails that it is the only occasion on which the Tribunal or the Court by adopting a pragmatic, realistic, and sensible approach to compensate the minor and/or to endeavour to put him back to the original position.”

Case Briefs High Courts

‘Novel plea of non-receipt of signed award copy cannot be raised in appeal’; Gujarat HC rejects NHAI’s appeals against dismissal of S. 34 applications due to delay

“A novel plea has been taken for the first time without any substantial basis on the factual aspects about the non-delivery of the copy of the award by the Arbitrator to the NHAI, in the present appeal, which cannot be appreciated within the limited scope of Section 37.”

Case Briefs High Courts

Punjab & Haryana HC quashes order denying parole to NDPS convict on mere assumption of reoffending during elections

As the poor person has been unnecessarily forced to approach this Court for seeking parole, the Court was inclined to impose exemplary costs on respondent 4 and 5, but the assurance is given that in future, parole matters shall be decided based on material available on record.

Case Briefs High Courts

‘Hyper technical & insensitive approach, ignored object of MV Act’; Gujarat HC allows plea against MACT’s order denying fair compensation

“Adopting a sensitive approach is crucial for the Tribunal. It plays a key and vital role in ensuring not only justice to the victim of the motor accident but also to determine just and fair compensation”

Case Briefs High Courts

‘Non-signing of witness depositions by Magistrate is fatal to prosecution case’; P&H HC acquits two teachers in assault case

Failure to abide by Section 275(4) Criminal Procedure Code, 1973 alone would be sufficient to suffocate the case of the prosecution, since the same is not an inconsequential irregularity, rather it impacts the entire prosecution.

Case Briefs High Courts

‘Adoption of Hindu child into Hindu family can be made even without a registered deed’; P&H HC denies grant of compassionate appointment to adopted daughter

The Court held that the adopted daughter could not be denied compassionate appointment because of a school certificate that mentioned the names of the original parents and not the deceased employee, due to the non-presentation of a registered adoption deed for change of parents’ names in school records.

Case Briefs High Courts

Appeal shall abate if fine imposed on conviction stayed by judicial order or deposited with Court before convict’s death: Punjab and Haryana HC

The issue is that the demise of appellants (‘convicts’) have rendered the power of attorney legally inoperative and invalid. As a fundamental principle of law, only a living person possesses the capacity to confer authority upon another to act on their behalf.