High Courts

Live-in relationships not illegal
Case BriefsHigh Courts

“Once an individual, who is a major, has chosen his/her partner, it is not for any other person, be it a family member, to object and cause a hindrance to their peaceful existence. It is the bounden duty of the State, as per the Constitutional obligations casted upon it, to protect the life and liberty of every citizen.”

Continue reading
not deceptively similar
Case BriefsHigh Courts

“Well settled principles for assessing the deceptive similarity lays emphasis on visual appearance as well as the phonetic similarity i.e. that the marks have to be judged by the eye as well as the ear.”

Continue reading
FIR Against TV Channel Executives
Case BriefsHigh Courts

No specific allegation was made that the petitioners, who were not members of a scheduled caste or scheduled tribe, had intentionally undertaken an act to insult, intimidate or humiliate the first informant, who is a member of the scheduled caste.

Continue reading
civil suit cannot nullify arbitral award
Case BriefsHigh Courts

Once arbitral award attains finality up to the Supreme Court, separate civil suit challenging underlying transaction on grounds of fraud is barred by Section 5 of the Arbitration Act and principles of finality.

Continue reading
consensual relationship with ex-student
Case BriefsHigh Courts

In the case at hand, a written complaint was filed by an ex-student of Motilal Nehru National Institute of Technology, Allahabad alleging that during her Masters, a Lecturer had established a physical relationship with her against her will.

Continue reading
Central Freedom Fighters pension guarantee
Case BriefsHigh Courts

“Welfare schemes are concessions extended to Freedom Fighters recognising their contributions during freedom struggle, and therefore welfare schemes and concessions ought to be implemented scrupulously by following the terms and conditions.”

Continue reading
Charitable trust an industry
Case BriefsHigh Courts

“Under the Triple Test, the Trust’s activities were systemic and organised, aimed at fulfilling human wants, including spiritual or religious needs, while also involving commercial operations. Therefore, its functions were not purely religious or selfless but carried out in a commercial manner, thus falling within the definition of ‘industry’.”

Continue reading
Bhagavad Gita not Religious
Case BriefsHigh Courts

“Bhagavad Gita may be recognised as national (Rashtriya) Dharma Shastra. It speaks about internal and eternal truth… Bhagavad Gita cannot therefore be confined within a given religion. It is a part of Bharatiya civilisation.”

Continue reading
Palghar mob lynching
Case BriefsHigh Courts

“Liberty of a person accused of an offence would depend upon the exigencies of the case however it is possible that in a given situation, the collective interest of the community may outweigh the right of personal liberty of the individual concerned.”

Continue reading
stray dog removal drive
Case BriefsHigh Courts

The Court also directed the IMC to file an action report in this regard, mentioning the data on the sterilization of stray dogs along with an affidavit of a senior officer.

Continue reading
International Shooter Vartika Singh
Case BriefsHigh Courts

Vartika was approached by a man claiming to be politically well-connected, especially to former Minister Smriti Irani, and he offered her membership of the National Commission for Women for Rs 25 Lakhs.

Continue reading
Codeine cough syrup case
Case BriefsHigh Courts

The prosecution alleged that the co-accused established bogus firms under different names and that transactions of these firms were carried out by accused Vibhor Rana using the bank IDs and passwords of his associates and employees, thereby facilitating the illegal sale of the cough syrup.

Continue reading
quantum of maintenance
Case BriefsHigh Courts

“It does not mean that a proportionate part of a husband’s income is to be awarded to the wife and children, rather the maintenance must be in proportion to the needs of the children. The amount of Rs 50,000 per month was a meager amount for the two daughters of growing age and it was inadequate and very less.”

Continue reading
police assistance for injunction order
Case BriefsHigh Courts

“Mere filing of an appeal cannot and does not operate as a stay of the order appealed against, unless an order of stay operation of the same has been passed.”

Continue reading
misuse of victim compensation scheme in sexual offences
Case BriefsHigh Courts

Where prosecutrix unequivocally resiles from allegations in a voluntary statement under Section 164 CrPC, no grave suspicion survives to warrant framing of charges under Sections 328 and 376 of the IPC.

Continue reading
cooperative society membership succession dispute
Case BriefsHigh Courts

The Court clarified that it had not adjudicated upon the merits of title or succession and expressly left those issues open to be decided by a competent forum in accordance with law.

Continue reading
SAP personnel not entitled to superannuation
Case BriefsHigh Courts

“If any age of superannuation was to be included or read into the scheme, the same could only be done by a proper amendment and not by any recommendatory letter.”

Continue reading
illegal tiger poaching
Case BriefsHigh Courts

“Such a method is not only fatal to animals but poses a grave and imminent danger to human life as well, as any unsuspecting person may come into contact with the live electric traps laid for illegal poaching.”

Continue reading
Stray Dog feeding
Case BriefsHigh Courts

Presence of aggressive stray dogs on streets are causing grave risk to the lives of children, elderly people and vulnerable sections of society and also unabling them to access streets and parks because of the fear of being attacked and bitten by the rabies infected stray dogs.

Continue reading
tribal woman sentence reduction over erroneous assumption
Case BriefsHigh Courts

“The discrepancy that occurred was not attributable to the petitioner in any manner; rather, it arose from a systemic lapse involving the Registry of this Court, the Trial Court, the governmental authorities, and the office of the Public Prosecutor.”

Continue reading