High Courts Archives

Child Welfare in Cross-Border Visitation

Immigration Uncertainty During H-1B Visa Transition a Genuine Child Welfare Concern; Delhi HC Allows Father to Exercise Vacation Custody in USA Without Bringing Child to India

The Court asserted that since the respondent-father had already travelled to USA, he could spend time with the child there and to give priority to the minor child, he could extend his stay in USA by working remotely from there.

Absolute liability of electricity company for electrocution death

Case Briefs High Courts

Electricity company cannot shift blame to deceased victim; absolute liability for electrocution is non-delegable: Gujarat HC upholds ₹9.4 lakh compensation

Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to

30-day notice period under Special Marriage Act

Case Briefs High Courts

Can the 30-day notice period under the Special Marriage Act be waived? Delhi HC answers

Delhi High Court ruled that the mandatory 30-day notice period under the Special Marriage Act cannot be relaxed merely because one of the parties is required to join employment abroad, emphasising that courts cannot bypass express statutory requirements.

Case Briefs High Courts

No stay on arbitral award means execution cannot be obstructed: Bombay HC directs HDIL promoter’s associate to disclose assets on oath

Meena Kumar Rohra, a close associate of HDIL promoter Rakesh Kumar Wadhawan, was directed to disclose her assets on oath within four weeks, with the injunction restraining her from disposing of assets continuing in force.

conviction based on confessions before police

Case Briefs High Courts

Can a Murder Conviction Be Based on Confessional Statements Under S. 164 CrPC Recorded in Presence of Police Officer? Know What Gauhati HC Said

In the present case, the Gauhati High Court examined the validity of a murder conviction based primarily on confessional statements recorded under Section 164 CrPC and alleged extra-judicial confessions.

Case Briefs High Courts

Section 69-A, IT Act empowers platform-wide blocking: Delhi HC upholds temporary Telegram Ban as proportionate amid risk of fabricate leak claims in NEET-UG 2026

With 2.2 million candidates appearing in the re-examination and unlawful channels reappearing within minutes of every takedown, the Court held that narrower measures had been exhausted and that Telegram’s own CEO’s public admission of “backdating scams” and “hundreds of removed channels” constituted a concession that rendered the platform-wide block legally sustainable.

Kerala HC upholds POCSO conviction of Madrassa teacher

Case Briefs High Courts

POCSO | Kerala HC Upholds Madrassa Teacher’s Conviction for Aggravated Penetrative Sexual Assault on a Nine-Year-Old Boy

The Kerala High Court upheld the conviction of a Madrassa teacher for offences under the POCSO Act, IPC, and Juvenile Justice Act, holding that a child survivor’s reliable and consistent testimony can independently sustain a conviction.

Right of Residence in Sister-in-law Property

Case Briefs High Courts

Marital Discord Cannot Penalise a Sister-in-Law Who Opened Her Home in Good Faith: Delhi HC Rejects Wife’s Shared Household Claim Over Sister-in-Law’s Property

Delhi High Court ruled that a daughter-in-law cannot continue occupying her sister-in-law’s property merely because she resided there with her husband. Once the husband’s permissive right ended, she had no independent right to remain in possession.

Case Briefs High Courts

Delhi HC: Binding Heads of Terms Gives Rise to Bona Fide Arbitral Claim; Issues of Specific Performance and Enforceability Left to Arbitral Tribunal

In a Section 9 plea under the Arbitration and Conciliation Act, 1996, the Court holds that the Heads of Terms constitutes a prima facie binding commercial arrangement warranting interim protection, leaving questions of enforceability and entitlement to specific performance to the arbitral tribunal.

Presiding arbitrator has no noteworthy superior role

Case Briefs High Courts

Technical Disputes Do Not Mandate a Technical Presiding Arbitrator; Tribunal May Seek Expert Assistance: Kerala HC Nominates Former Judge as Third Arbitrator

A party that initially chose a retired Judge as sole arbitrator cannot later insist that only a technical expert can adjudicate because the dispute is factual in nature — the Kerala High Court directed the KHHAC to nominate a former Judge as presiding arbitrator, leaving it open to the tribunal to seek expert assistance on technical issues.

Case Briefs High Courts

Bombay HC Permits Preity Zinta to Seek Injunction to Protect Her Personality Rights from AI and Digital Misuse

The Bombay High Court granted leave to enable institution of a suit seeking protection against alleged infringement of Preity Zinta’s personality rights, copyright and reputation through AI-generated deepfakes, manipulated images, chatbot personas and other digital content disseminated online.

Kar HC quashes KERC captive verification order

Case Briefs High Courts

Karnataka High Court quashes KERC order on captive power verification; Strikes down dynamic “UQR” mechanism as contrary to Electricity Rules & SC precedent

The High Court held Clause 6.7 of the KERC Captive Verification Procedure introducing a dynamic “Unitary Qualifying Ratio” based on actual consumption contrary to Rule 3 Electricity Rules, 2005 and the proportionality benchmark laid down by the Supreme Court in Dakshin Gujarat Vij Co. Ltd. v. Gayatri Shakti Paper and Board Ltd..

Compensation for Land Acquired for Service Road

Case Briefs High Courts

Landowners Entitled to Compensation Even for Land Acquired for Service Road: Bombay High Court

The Court held that landowners are entitled to compensation for land acquired for a service road in a National Highway widening project and directed payment of the compensation amount, holding the denial of compensation for such land to be arbitrary.

Bhojshala complex temple goddess Vagdevi protected monument

Case Briefs High Courts

MP HC Examines Bhojshala’s Religious Character As On 15 August 1947 To Be A Temple Of Goddess Vagdevi (Saraswati); Holds It A “Protected Monument”

“The religious character of the “disputed area” of Bhojshala Complex and Kamal Maula Mosque was held to be a Temple of Goddess Vagdevi (Saraswati) in the light of provisions of Ancient Monuments and Archaeological Sites and Remains Act, 1958 and Places of Worship (Special Provisions) Act, 1991.”

Medical reimbursement for non-empanelled hospitals

Case Briefs High Courts

Rejecting Reimbursement Solely Due to Non-Empanelment, Places Procedure Above Human Survival: Punjab & Haryana HC Calls for Reconsideration of Medical Reimbursement Claims

In medical emergencies where overcrowding, waiting periods and urgency compel patients to the nearest hospital regardless of empanelment status, a blanket rejection on procedural grounds violates the constitutional promise under Article 21, the Court directed independent reconsideration of each claim within four weeks with 6% interest.

advocates welfare health insurance annual premium Jharkhand

Case Briefs High Courts

Jharkhand HC: State’s Undertaking on ₹6,000 Annual Premium for Advocates’ Health Insurance Binding; Non-Publication of Resolution in Official Gazette No Bar to Implementation

Jharkhand High Court, in a petition concerning welfare measures for practising advocates, observed that State resolutions and budgetary allocations for health insurance were already in place, and held that the reliefs prayed for stood substantially worked out.

Case Briefs High Courts

Gauhati High Court Reduces NDPS Conviction from Commercial to Intermediate Quantity Due to Lack of Proof of Joint Possession

The Court altered the conviction from Section 20(b)(ii)(C) to Section 20(b)(ii)(B), NDPS Act, after the prosecution failed to prove joint possession of the total quantity of ganja recovered under 2 seizure lists and, treating the seizures separately and below commercial quantity.

imprisonment in default of fine Section 138 NI

Case Briefs High Courts

Imprisonment in Default of Fine is Coercive, Not Punitive: Karnataka High Court Orders Release of Convict in Section 138 NI Act Case

In the present case, the petitioner was convicted in three separate cheque dishonour cases under Section 138 of the Negotiable Instruments Act arising from a single loan transaction and was sentenced to pay substantial fines, with three months’ simple imprisonment in default in each case.

enhancement of maintenance child marriage MP High Court

Case Briefs High Courts

“Parents Who Solemnise Child Marriages Cannot Escape Liability”: MP High Court Tells Husband to Seek Recourse from Them, Enhances Wife’s Maintenance Threefold

Disclaimer: This has been reported after the availability of the order of the Court and not on media reports so as to

Applicability of Section 122(1A) CGST Act

Case Briefs High Courts

Gauhati HC disagrees with Bombay HC on Section 122(1-A), CGST Act; Holds partners liable to penalty for GST-Evasive transactions, including pre-2021 period

The legislative intent behind Section 122(1-A) of the Act of 2017 is solely to identify the person at whose instance the violations took place and if the person had retained the benefits, the person would be liable to a penalty as mentioned therein.