High Courts Archives

Prima Facie Case and Gravity of 2008 Delhi Bomb Blasts Outweigh 17-Year Incarceration; Delhi HC Rejects Mansoor Asghar Peerbhoy’s Bail Under UAPA

The Court held that bail considerations must balance the accused’s right to personal liberty with the right to life and safety of the public, particularly where the accused is alleged to have played a central role in a heinous terrorist conspiracy.

minor pregnancy termination court permission

Case Briefs High Courts

Termination of pregnancy cases are urgent. Why is time being wasted in taking permissions from Courts?: MP HC allows 10-week pregnant minor rape victim’s plea

The Court remarked that it was repeatedly coming across such matters where, instead of proceeding with the termination of pregnancy, the authorities were shifting their burden to one another, leading to matters travelling up to the Courts seeking permission to carry out the procedure.

Case Briefs High Courts

Parties Agree to Start Again: Manipur HC Sets Aside Arbitral Award by Consent, Appoints Former Chief Justice as New Arbitrator for Thoubal Project Dispute

The Manipur High Court disposed of an arbitration petition concerning the Thoubal Multipurpose Project Agreement by recording the parties’ consent to set aside an arbitral award and recommence arbitration. The Court appointed Justice D. Krishnakumar as the new sole arbitrator, directed de novo proceedings from the stage of framing issues using existing pleadings.

Case Briefs High Courts

Sale deed prior in time prevails under Section 48 TPA: Punjab & Haryana High Court dismisses appeal challenging declaration of title

“The Courts below have rightly invoked Section 48 TPA to hold that the transfer prior in time shall have an overriding effect over the transfer which is later in time.”

Delhi HC HMIS audit ICU bed availability

Case Briefs High Courts

70-Year-Old Turned Away from ICU Despite Portal Showing 2 Beds Available: Delhi HC Orders Surprise Audit of 38 Hospitals, Calls ₹15.42 Crore Idle Machine “Gross Waste”

Delhi High Court ordered a State-wide audit of HMIS implementation and ICU bed management systems in 38 Delhi Government hospitals after a patient was denied an ICU bed despite online availability.

Case Briefs High Courts

Seized Vehicle Worth ₹20 Lakh Released: MP HC Finds Prima Facie Case That Rule 18 MP Mineral Rules Exceeds Central Act’s Fine Limit

The Court granted interim relief to the petitioner by directing the respondents to release the vehicle seized by them in an illegal mining case against the petitioner as the seizure enabling Rules were challenged on the ground of being ultra vires to the Mines and Minerals (Development and Regulation) Act, 1957.

crypto dispute commercial matter not writ issue

Case Briefs High Courts

Crypto Exchange Fraud Is Not a Public Law Issue Just Because Many Investors Are Affected: Delhi HC Tells BitBNS Users Their Crypto Dispute Must Be Settled in Civil Court

Delhi High Court dismissed BitBNS users’ appeal, holding that disputes over withdrawal restrictions, alleged fund mismanagement, and compensation must be pursued through civil or consumer remedies rather than writ proceedings

Case Briefs High Courts

Delhi HC Denies Bail to Athar Khan in Delhi Riots Conspiracy Case; Holds He Cannot Claim Parity with Co-Accused Granted Bail by SC

Holding that Athar Khan’s role was prima facie distinguishable from co-accused granted bail by the Supreme Court, the Delhi High Court dismissed his second bail appeal in the 2020 Delhi riots conspiracy case under the UAPA.

Case Briefs High Courts

Valid Certificate of Vending Not a Licence to Sell Tobacco Near Schools: Delhi HC Protects Street Vendor’s Livelihood but Directs MCD to Find Alternate Vending Spot

The Court directed the MCD to ensure that the petitioner does not, in any manner, obstruct the ingress to or egress from the school by its students, parents or faculty and sell any tobacco products which could be harmful to the children.

Case Briefs High Courts

Multiple Tax Years Cannot be Clubbed in One GST Show-Cause Notice: Calcutta HC Quashes ₹10.97 Crore GST Notice Against SBI Covering Six Financial Years

The Court held that under Section 74, CGST Act, each financial year is a separate unit for tax determination, and limitation periods apply independently. It found that the respondent-GST Authorities acted illegally by issuing a consolidated notice and ignoring documentary evidence provided by State Bank of India (SBI). Consequently, the impugned show-cause notice and order were declared void and without jurisdiction.

Case Briefs High Courts

Shariat Law Cannot Override Child Marriage Prohibition: Allahabad HC Dismisses FIR Quashment Bid by Family That Attacked Police While Stopping 16-Year-Old’s Marriage

The Court held that the Shariat Law providing for puberty as the competent age under the law, permissible for a girl to marry or be married, violates the Prohibition of Child Marriage Act and the POCSO Act.

Places of Worship Act and acquisition of religious properties

Case Briefs High Courts

Religious properties not beyond State’s eminent domain; Places of Worship Act bars only conversion: Allahabad HC

The Allahabad High Court clarified that the Places of Worship (Special Provisions) Act, 1991 does not curtail the State’s power to acquire religious properties for a public purpose, including road widening and infrastructure development.

Case Briefs High Courts

Moment of Anger, Years of Proceedings: Kerala HC Closes 7-Year-Old Criminal Contempt Case Against Congress MP Kumbakudi Sudhakaran After Apology

The proceedings arose out of a public speech delivered by Congress MP Kumbakudi Sudhakaran on 3 August 2019. During the speech, he made remarks concerning the Judges who had rendered the judgment.

Case Briefs High Courts

Delhi High Court Protects Ravi Kishan’s Personality Rights; Restrains AI-Generated Deepfakes and Unauthorised Online Exploitation

Delhi High Court held that Ravi Kishan’s name, image, likeness, voice, and other distinctive personality attributes constitute valuable personality rights deserving legal protection. Granting an ex parte ad interim injunction, the Court restrained the unauthorised use of his identity, including through AI-generated content and deepfakes, and directed the removal of objectionable online material.

Case Briefs High Courts

Gujarat HC dismisses PIL on Somnath Temple archaeological survey, imposes Rs 2 lakh costs

The Court held that a PIL seeking disclosure of the scientific archaeological survey of the Somnath Temple site was not maintainable where it was founded on unverified media reports, contained incorrect factual assertions, and failed to disclose the petitioner’s bona fides and credentials.

Attending witness evidence in execution of will

Case Briefs High Courts

Will Dispute: Calcutta High Court holds attending witness’s evidence sufficient to prove execution of will; Grants probate

The case underscores that when attesting witnesses are unavailable, a will can still be proved through other admissible evidence under Sections 69 and 71 of the Evidence Act, provided the execution and testamentary capacity of the testator are established.

Senior Citizens Act Not Applicable to Property Disputes

Case Briefs High Courts

Senior Citizens Act Cannot Be Invoked To Adjudicate Property Disputes Beyond Section 23: Allahabad High Court

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not create a special forum for deciding title disputes or declaring conveyance deeds void merely because the dispute involves a senior citizen. The Court reiterated that property disputes falling outside the limited scope of Section 23 must be adjudicated before the competent civil court.

Case Briefs High Courts

Maternal aunt’s emotional bond cannot override biological father’s right as natural guardian; Bombay HC grants custody to father

The Bombay High Court directed restoration of custody of a minor child to her father in habeas corpus proceedings, observing that emotional attachment with the maternal aunt could not override the father’s undisputed legal right without any evidence showing that custody with him would be detrimental to the child’s welfare.

Case Briefs High Courts

“Constitutional tolerance must override hypersensitivity”: Punjab & Haryana High Court quashed FIR against bank manager for dressing her dog as Lord Krishna

“The case in point is an exemplary instance of misconstruction of intent and a parochially narrow understanding of religious philosophy.”

Case Briefs High Courts

Calcutta High Court recalls earlier finding on jurisdiction after binding Supreme Court judgment escaped consideration

A suit for recovery of possession and mesne profits resulted in a decree dated 09-01-2024, which was declared a nullity by the Division Bench on the ground that it had been decided by a Judge lacking the requisite commercial roster under the Commercial Courts Act, 2015.