High Courts Archives

Section 156(3) CrPC court jurisdiction after investigation order

Criminal Court Does Not Become Functus Officio After Ordering Investigation; Must Supervise, Monitor and Call for Progress Reports: Rajasthan High Court

The High Court further held that an unduly prolonged investigation without adequate justification entitles the accused to approach the High Court seeking quashing of the FIR, reiterating that investigations cannot continue endlessly at the cost of both complainant and accused.

Case Briefs High Courts

Does Running Over a Stray Dog Amount to Cruelty Under the Prevention of Cruelty to Animal Act, 1960? Calcutta High Court Answers

The High Court found no material demonstrating mens rea on the part of the petitioner, observing that the incident appeared to be an unfortunate road accident involving a stray animal. In the absence of evidence showing deliberate or knowing conduct, the allegations of intentional cruelty could not be sustained.

Case Briefs High Courts

Licensed Pharmaceutical Stock Recovered, Section 42 Under Scrutiny, 44 Witnesses Cited, Trial Yet to Begin After 2 Years: Delhi HC Grants Bail in NDPS Case

The Court found that the present matter is not one where wholly illicit pharmaceutical drug had been recovered from a person lacking lawful authority to possess them.

Case Briefs High Courts

Disability Pension to Army Personnel Cannot be Denied on Medical Opinion Unsupported by Adequate Reasons: Kerala High Court

Holding that where a disability pension claim is raised within 15 years of discharge the primary burden of proof rests on the Department and not the claimant, the Kerala High Court set aside the Armed Forces Tribunal’s rejection of a former soldier’s disability pension claim.

Case Briefs High Courts

“Father can’t discriminate between educational expenses of son and daughter”: MP HC enhances maintenance granted to government servant’s wife and daughter

The Court stated that if the husband was bearing substantial expenses for the technical education of the major son, the same could not be a ground to restrict reasonable maintenance and educational support to the minor daughter.

Case Briefs High Courts

Striking Down Transitory Provision Would Cause Cryonic Freeze in Labour Justice: Kerala HC Upholds Section 104(1-A) of Industrial Relations Code

The Kerala High Court upheld Section 104(1-A) of the Industrial Relations Code as a valid transitory provision, holding that allowing existing Labour Tribunals to continue until new bodies are constituted is neither manifestly arbitrary nor unconstitutional.

Case Briefs High Courts

Civil Courts can order police assistance to implement ad interim injunction under S. 151 CPC: Himachal Pradesh HC

The plaintiff had placed on record the necessary permissions and had established a prima facie entitlement to protection, balance of convenience and irreparable loss. Therefore, in case the ad interim injunction was not implemented in its letter and spirit, then the very purpose of passing such an order would be defeated.

Recovery of Back Wages for Rescued Child Labourers

Case Briefs High Courts

Three Girls Rescued in Child Labour Raid, Wages Computed but Not Paid, Employers Now Untraceable: Delhi HC Directs Immediate Recovery of Back Wages Two Years On

The Court directed the SDM to liaise with police authorities to trace the whereabouts of the employers and directed the Delhi police to “pro-actively investigate and take all necessary measures” for tracing them and facilitating recovery proceedings.

Case Briefs High Courts

No GST Notice or Assessment Against Non-Existent Entity Under Section 87, CGST Act; Liabilities to be Borne by Amalgamated Entity: Bombay High Court

The Court held that once a company ceases to exist pursuant to amalgamation, proceedings cannot be continued and an assessment order cannot be passed in its name.

Submission of Caste Certificate After Deadline

Case Briefs High Courts

DoPT Guidelines Permitting Later Submission of Caste Certificate Prevail Over Prescribed Cut-Off Date in Advertisement: Tripura High Court

The Court noted that DoPT guidelines allowed candidates claiming SC/ST/OBC reservation to be considered based on prima facie proof and to furnish the prescribed caste certificate within a reasonable time thereafter.

Section 6 And 8 POCSO Sexual Assault Minor Pregnancy Conviction

Case Briefs High Courts

Sexually Assaulted at 15, Delivered a Child at 16, Dropped Out of School: Meghalaya HC Upholds POCSO Conviction; Directs Benefits for Survivor and Her Child

Meghalaya High Court upholds the conviction under Sections 6 and 8, POCSO Act for 20 years of rigorous imprisonment and fine. The Court directed the DLSA and the DCPO, East Khasi Hills District to ensure that the benefits under POCSO, are made available to the survivor and her child at the earliest.

Case Briefs High Courts

Madras HC: Documentary Proof Enough, DNA Test Not Required for Mother to Donate Kidney to Son

The High Court noted that since documentary evidence clearly established the mother-son relationship, the Authorisation Committee’s refusal was arbitrary and unsustainable, and therefore directed immediate permission for transplantation without delay.

Anticipatory Bail in Social Media Misinformation Case

Case Briefs High Courts

‘Too Soon to Rule Out Criminality’: Punjab & Haryana HC Rejects Madhu Kishwar’s Anticipatory Bail Plea in PM Modi Video Case

“Such posts can create disharmony, encourage separatist sentiments and put the unity and integrity at peril.”

Advocate prosecuted for professional act

Case Briefs High Courts

If Filing an Appeal Makes an Advocate a Conspirator, It Would Be the End of the Bar: Allahabad HC Quashes FIR Against Advocate in ₹ 10 Cr GST Evasion Case

The Allahabad High Court quashed the FIR holding that an advocate who files a statutory GST appeal for a client — even if the legal position taken on pre-deposit is wrong cannot be held a co-conspirator in the client’s alleged tax evasion.

Swami Vivekananda Scholarship Guidelines 2025

Case Briefs High Courts

Visa Delays, Expired Deadlines, State Inaction: Rajasthan HC Holds Scholarship Cannot Be Denied to Student Who Never Started His Studies

Holding that the interpretation of Swami Vivekanand Scholarship for Academic Excellence Yojana Guidelines 2025 has to be done in a manner to help the student to pursue his course and not to create hurdles, the Rajasthan High Court directed the State Government to immediately release the scholarship amount.

substitution of arbitrator abandoned arbitral proceedings Section 32

Case Briefs High Courts

Substitution of Arbitrator Denied After Proceedings are Abandoned For 9 Years: Bombay HC

Noting that nine years of complete inaction, with only vague references to settlement talks, constituted an implied abandonment terminating the proceedings under Section 32(2)(c), the Bombay High Court dismissed the application for substitution.

Magistrate power to modify bail conditions

Case Briefs High Courts

Magistrate Cannot Impose Foreign Travel Restriction Years After Grant of Bail by “Clarifying” Original Order: Delhi High Court

Delhi High Court while setting aside a foreign travel restriction imposed on the accused held that a Magistrate cannot alter bail conditions years after granting bail by calling it a clarification.

Delhi High Court patent priority date amendment

Case Briefs High Courts

“What Cannot be Done Directly Cannot be Done Indirectly”: Delhi HC Refuses Belated Amendment of Priority Date to Revive Deemed Withdrawn Patent Application

The Delhi High Court held that once a patent application is deemed withdrawn for failure to meet statutory timelines for national phase entry and filing Request for Examination, it cannot be revived through a belated amendment of priority date under Form 13

Case Briefs High Courts

Explained | Why Allahabad High Court granted relief to Azim Premji in Wipro Labour Law Case

The Court reiterated that criminal liability cannot be fastened mechanically merely based on designation unless the statute specifically provides for vicarious liability or there exist specific allegations demonstrating an active role and responsibility of the accused in the commission of the alleged offence.

Case Briefs High Courts

Shutters Down, ‘Emergency Windows’ Open: Rajasthan HC Takes Suo Motu Cognizance of After-Hours Liquor Sales in Jodhpur; Issues Interim Directions

A detailed investigative report published in Rajasthan Patrika titled “शटर डाउन… ‘इमरजेंसी विंडो’ चालू: रात 8 बजें बाद भी धड़ल्ले से बिक रही शराब, supported by photographs, timestamps and field verification, indicated that despite statutory closing hours applicable to liquor vends, liquor sale allegedly continued openly after 8.00 p.m. through concealed openings, restricted access windows and partially shuttered premises at various locations within Jodhpur.