HIGH COURT MARCH 2025 WEEKLY ROUNDUP | Adoption by step-parent; Bank account freezing; Age relaxation in judicial exams; and more
A quick legal roundup to cover important stories from all High Courts this week.
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‘Material Working Facilities operating without CTE, Junagadh Municipal Commissioner oblivious of responsibilities’: Gujarat HC seeks report on non-compliance of Plastic Waste Management Rules
“It was evident that the Municipal Commissioner, Junagadh Municipal Corporation was oblivious of the requirement of the Plastic Waste Management Rules, 2016, while establishing Material Recovery Facility (MRF) without any approval/permission of the GPCB and engaging private operators who do not have requisite permission of the GPCB.”
Default borrowers, served with look out circular by MHA at the instance of Public Sector Banks, to seek permission from HC to travel abroad: Supreme Court
“The applications before the High Court, seeking permission to travel abroad shall be considered and disposed of expeditiously.”
Never Reported Judgment | When Supreme Court declared a sale deed sham/fictitious as no consideration money passed to vendor [(1953) 2 SCC 21]
This report covers the Supreme Court’s Never Reported Judgment dating back to the year 1953 on determining whether sale deed is a sham.
Delhi High Court rules documents require proper stamping to validate Property Transfer Claims; Directs rectification of Stamp Duty
There is a clear distinction between the invalidity and inadmissibility of the document. The document is rendered invalid if the document is not sufficiently stamped and would not be admissible in evidence unless such instrument is duly stamped as provided under Section 35 of the Indian Stamp Act.
Orders passed by High Court shall be complied despite enforcement of Model Code of Conduct due to Lok Sabha elections: Punjab and Haryana HC clarifies
The Court opined that the authorities are fully authorized and are under a legal duty to execute the orders of High Court without any specific permission form or intervention of the Election Commission of India.
Special Courts can try cases of former and sitting MPs/MLAs irrespective of their status at the time of commission of offences: Manipur HC
“The Special Courts for MPs/ MLAs have jurisdiction to try all cases against the former and sitting MPs/ MLAs, even if the offence were committed prior to becoming a legislature or as a sitting legislature or after demitting office.”
Calcutta High Court upholds amendment to written statement under Order VI Rule 17 CPC, emphasising necessity for effective adjudication
The Calcutta High Court noted that the amendment did not change the suit’s nature fundamentally and would not cause undue prejudice to the petitioner.
Read why Orissa HC altered brother’s conviction from S. 307 to S. 326 IPC for shooting arrow at brother and causing grievous injury
“The ‘intent’ under Section 307 of the IPC cannot be determined solely by the severity of the harm done to the injured.”
Bar on grant of anticipatory bail in cases under SC and ST Act not absolute when alleged offences, prima facie, not made out: Orissa HC reiterates
The Orissa High Court granted anticipatory bail to a doctor for his apprehension of arrest in a case related to medical termination of pregnancy, where a premature baby girl was born.
Gujarat HC allows accused to travel UK to assist son and daughter-in-law to raise grandson
The Court allowed him to renew his Visa and stay in the UK for a period of 1 year.
Not permissible for High Court to convert lesser offence to serious offence in sentence enhancement appeal: Himachal Pradesh High Court
“The appellant submitted that the respondent was liable to imprisonment for not less than ten years and payment of fine of not less than Rs. 1,00,000. However, he was sentenced to undergo rigorous imprisonment for six months and payment of fine of Rs. 1,000.”
Revisional Court has jurisdiction to take suo motu cognizance of intermediate orders under Sec 397 CrPC: Madhya Pradesh HC
“Section 131 of the Income Tax Act allows the income tax authority to investigate and inquire about property, cash, or valuables obtained during an investigation by other law enforcement agencies, even if no income tax case was pending and the authority can conduct an inquiry to ensure that the appropriate income tax has been paid on the possessions.”
Jurisdiction for Appeal against denial of Succession Certificate by Civil Judge lies with District Judge, not High Court: Allahabad HC
“The legislative intent in providing for an appeal before a District Judge in case of an order passed by an inferior court upon investiture of jurisdiction under Section 388 (1), is also clear from the emphasis in the language of the proviso where it states, ‘and not to the High Court’.”
Meghalaya HC grants bail to person accused of sexually assaulting 13-year-old minor
The Court considered the grant of bail on account of all the relevant factors, gravity and nature of the offence, the extent of punishment, if enlarged on bail, may abscond or tamper with the evidence and witnesses, etc.
Request for money by husband to arrange job with promise to repay does not amount to ‘dowry’ u/s 2 of the Dowry Prohibition Act: Orissa HC
“Demand for dowry should be the continuing cause for the death of the married women. Cruelty can be mental, or it can be physical. Every instance of cruelty and related harassment has a different impact on the mind of a woman.”
Unexplained prolonged criminal trial violates constitutional rights; Denial of Government Servant’s rights impending delayed trial is double jeopardy: Orissa HC
“The act of keeping the petitioner’s promotion recommendation in sealed cover without even once subjecting it to review, is nothing but adding insult to an injury”.
High Courts or Sessions Courts can grant transit anticipatory bail in FIRs registered outside their jurisdiction, subject to conditions: SC
Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of Constitution, it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail.
[Transit anticipatory bail] High Courts, Sessions Courts can grant pre-arrest bail, even if FIR is registered in different State: Supreme Court
Supreme Court warned against forum shopping and clarified that accused cannot travel to any other State, solely for filing bail pleas without clear reasons.
Whether bar on review of decision by any Court under S.17 of UP Lokayukta and Up-Lokayuktas Act applies to High Court? Allahabad HC answers
Allahabad High Court opined that the reasoning of the order dated 05-11-2019, that there is no ‘cutting’ or ‘overwriting’ in the petitioner’s service book, does not close all avenues of inquiry.