High Courts Archives

‘Denying such relief would be punishment for his family’; Himachal Pradesh HC grants probation to rash driving convict after 20 years

“Probation is a kind of non-custodial sentence which gives the convict an opportunity to reform himself, while abiding certain conditions imposed by the Court, instead of directing him to undergo substantive sentences.”

Professor accused of illicit relationship with student

Case Briefs High Courts

‘Relationship pre-dated her admission’; Madhya Pradesh HC grants relief to IGNTU Professor alleged to be in an illicit relationship with student

“What the Professor, a married person, and the complainant, a 30-year-old married lady did in their private life, was not the lookout of the IGNTU in any manner whatsoever. This was much prior to admission of the complainant in the University.”

Case Briefs High Courts

Domestic Violence | In -law’s’ right to residence is not subordinate to that of daughter-in-law: Delhi High Court

“While the Domestic Violence Act confers a vital and protective right of residence upon an aggrieved woman, it cannot be construed to extinguish or indefinitely suspend the right of senior citizens to live without distress in their own home.”

Case Briefs High Courts

Rajasthan High Court upholds prosecution against anaesthetist posing as gynaecologist for medical negligence and cheating

“It is settled proposition of law that FIR is not an encyclopaedia and should be read with the material collected by the investigating agency during investigation.”

Case Briefs High Courts

Summons cannot be issued against ‘a post’ in criminal cases, as it is not a juridical person: Jharkhand High Court

In the case at hand, criminal proceeding was initiated against the post of ‘Plant Head’ of a company.

record foreign witness testimony through VC

Case Briefs High Courts

Delhi High Court allows recording of evidence of US-based witness through Video Conferencing in an Official Secrets Act case

“The objective of the stringent Official Secrets Act provisions is achievable through calibrated safeguards, including conducting the examination from a secured State-controlled facility, ensuring an in-camera regime, restricting devices, and controlling the display and movement of documents. The law demands reasonable containment of risk.”

Trial Court must decree settlement after mediation

Case Briefs High Courts

Once dispute is referred to mediation and settlement is reached, Trial Court cannot refuse decree: Orissa High Court

“The disputes between the neighbours relating to the easementary rights are clearly mentioned as being suitable for mediation.”

quashing FIR based on unexecuted settlement

Case Briefs High Courts

‘No implementation or execution of mutually settled agreement’: Delhi High Court refuses to quash FIR in matrimonial case

As per the settlement, the husband agreed to deposit a total sum of Rs. 30,00,000. However, the husband merely deposited cheques of certain amounts, which had not been released to the wife, due to husband’s failure to appear in Family Court, resulting in dismissal of divorce petition.

Case Briefs High Courts

“Lack of timely supervision”: Chhattisgarh HC directs Collector to provide solution for obstruction of public passages in Dayalband Bridge Blockage Case

“Though subsequent orders led to removal of the obstruction and initiation of preventive proceedings, the facts reflect lack of timely supervision and failure to prevent encroachment over a commonly used public passage.”

law student derogatory remarks on judicial officer

Case Briefs High Courts

Delhi HC: No anticipatory bail to law student who harassed complainant, posted obscene content, and made derogatory posts against Judge and Police

“The allegations in the present case are not merely of a single isolated incident but reveal troublesome conduct of the accused spanning over several months, involving physical intimidation and digital harassment.”

improper Interview Committee vitiates selection

Case Briefs High Courts

Bombay HC: Selection process vitiated by improper Interview Committee; Selective relief not permissible in tainted selection

“The Committee was required to assess the performance and personality of candidates through the experienced eyes of superior officers. Therefore, delegating such powers to subordinates amounted to rewriting Government Resolution dated 23-08-2011.”

Case Briefs High Courts

Alteration of Aadhaar information is a fundamental right; UIDAI duty bound to provide basic infrastructure for Aadhaar holders: Madras HC

“Once it is concluded that the statutory right set out in Section 31 of the Aadhaar Act would partake the character of a fundamental right, it becomes the duty of the Authority to put in place the requisite infrastructure and make available all facilities so that the right can be easily exercised.”

Unchallenged testimony not enough for cruelty claim

Case Briefs High Courts

‘Trial Court cannot grant divorce merely for wife’s absence’; Bombay HC sets aside ex parte divorce granted on Husband’s unchallenged testimony

“The only reason why the Trial Court found that the wife has treated the husband with cruelty is, that the testimony of the husband had gone unchallenged.”

Case Briefs High Courts

Kerala High Court dismisses plea to cancel ‘INDIA GATE’ trade mark; clarifies jurisdiction is with Delhi HC

“The power of rectification is exercisable only by the High Court exercising appellate jurisdiction over the appropriate office of the Trade Marks Registry, wherein the entry relating to the impugned mark is made.”

Case Briefs High Courts

“Shocking state of affairs”: Madhya Pradesh HC takes suo motu cognizance of alleged illegal felling of 488 trees near Bhopal

The Court remarked that the news article displayed a shocking state of affairs wherein 488 trees were sought to be axed despite the NGT declining such an action and repeated orders by the Court.

Case Briefs High Courts

Balasore self-immolation case: Read why Orissa HC refused bail to FM College HOD and Principal, but granted conditional relief to two students

“Several laws have been enacted, and several steps have been taken by the judiciary as well as the administrative machineries to prevent such kind of occurrences. However, all such steps have gone in vain, and the society has collectively failed to save the life of a young girl.”

Case Briefs High Courts

“If husband has duty towards parents, he also has duty to empower wife”: Madhya Pradesh HC grants maintenance to Homeopathy doctor pursuing MD

“If the husband has a duty towards his parents, then he also has the duty to complete the course that would enhance the capability of the wife and to empower her. Equality in marital tie-up does not mean development of only one, and restrictions for the other, especially the wife.”

Case Briefs High Courts

Delhi High Court directs 1 Month custody for man who intimidated Local Commissioner during Court-Ordered Inspection

It is the case of contemnor that the alleged object was not a firearm, but a toy gun used to scare away stray animals and the said toy gun was lying on the office table prior to the inspection, which unintentionally got mixed with a pile of papers.

false allegations of illicit relationship

Case Briefs High Courts

‘False allegations cause mental agony, doom marriage’; MP HC grants divorce to husband over wife’s false claims of his illicit relationships

“We are aware that relationship between the parties had gone so bitter that neither of them was having any empathy for the other, but even this kind of relationship cannot be an excuse to make false allegations regarding the moral character of the other party.”

Jamia Teachers Association's dissolution

Case Briefs High Courts

Delhi High Court quashes Jamia Millia Islamia’s order dissolving Jamia Teachers Association

“The unilateral formulation and approval of a revised Constitution for Jamia Teachers Association, without consultation or consent of its members, undermines the autonomy of the Association and violates the right to self-governance inherent in Article 19(1)(c) of the Constitution.”