High Courts Archives | Page 18 of 591

“Time is a valuable Resource’; MP High Court directs for policy review in PIL against ‘displaying long advertisements in movie theatres’

The Court acknowledged the concerns raised by the petitioner, however, asserted that the “issue at present is not ripe for adjudication before this Court.”

Case Briefs High Courts

Madras HC directs Varadharaja Perumal temple authorities to appoint trustees promptly; Warns against playing non-devotional songs inside temple

The Varadharaja Perumal Temple, is a Hindu temple dedicated to God Vishnu and Goddess Lakshmi. It is located in Tirumalairayanpattinam, Puducherry.

Case Briefs High Courts

Adoption by step-parent cannot be permitted without biological parent’s consent: Kerala High Court

A biological father has the inherent right to custody of his child, a right that continues until the child reaches the age of majority or until the order is modified or revoked by a competent court, and the substantive and intrinsic statutory right of a biological father to retain custody of his child cannot be waived or relaxed by the CARA under Regulation 63.

Case Briefs High Courts

Letters Patent Appeal will not lie against judgment passed by Single Judge in appellate jurisdiction or against order by Court subject to superintendence of this Court: Delhi HC

The jurisdiction available to this Court under Article 227 of the Constitution is primarily in the nature of superintendence and accordingly the Letters Patent Appeal will not lie in the instant matter.

Case Briefs High Courts

Drug/psychotropic addiction is quasi-pandemic; Statutory rules to be followed strictly without deviation: Bombay HC

The National Police Mission, Bureau of Police Research and Development issued communication to Police of all states/Union Territories in respect of Model FIR in registration of cases in narcotics under Section 52 of the NDPS Act and associated documents. The communication was issued as in recent times, several NDPS cases resulted in ‘acquittal’ in the Courts due to procedural irregularities.

Case Briefs High Courts

S. 306 IPC | SC acquits family of four accused of abetting man’s suicide by blackmailing him and trapping in love affair

“Even if the suicide note is taken as correct and genuine, there was no act of incitement on the part of the accused persons proximate to the date on which the deceased committed suicide.”

Case Briefs High Courts

Juvenile tried as an adult cannot face joint trial with adult accused under JJ Act: Delhi High Court

The statutory mandate under Section 23 of the JJ Act must be strictly adhered to, ensuring that children in conflict with law are not subjected to joint proceedings with adults, regardless of whether they are being tried under the procedure applicable to adults.

Case Briefs High Courts

Delhi High Court upholds acquittal in Seemapuri robbery and kidnapping case citing lack of evidence

In criminal jurisprudence, the standard of proof required to sustain a conviction is proof beyond a reasonable doubt, which is significantly higher than the preponderance of probabilities applicable in civil cases.

Case Briefs High Courts

‘Does not affect investigative prerogatives’; Delhi HC upholds order to preserve Call Detail Records, location data of CBI officials and independent witnesses

Since the Call Detail Records and location data have only been ordered to be preserved and not disclosed, there is no basis for the petitioner’s apprehension that this would provide an undue advantage to the defence. The direction simply ensures that potentially relevant evidence is not lost due to automatic deletion.

Case Briefs High Courts

FSL report must be obtained on priority, preferably within 60 days: Rajasthan High Court grants bail

“Whether the investigation under NDPS Act is to be completed within 60 days or 180 days is totally dependent upon FSL report.”

Case Briefs High Courts

Grounds of arrest must be served in writing simultaneously with arrest memo; Delhi High Court grants bail in abetment to suicide case

On perusal of the arrest memo shows that though there is column providing for ‘reasons of arrest’ against which it is stated “for the purpose of fair investigation” but neither there is column for ‘grounds of arrest’ in the arrest memo nor it is the case of the prosecution that the ‘grounds of arrest’ were separately served upon the present petitioner at the time of his arrest.”

Case Briefs High Courts

Madhya Pradesh High Court gives green flag for removal of BRTS Corridor in Indore

“Huge increase in volume of traffic and everyday traffic congestion in both sides of the BRTS Corridor persuaded the Expert Committee to conclude that BRTS Corridor has lost its utility in the present-day scenario.”

Case Briefs High Courts

Delhi HC temporarily restrains Azure Hospitality from playing Phonographic Performance’s copyrighted songs without license in its restaurants/bars

The act of the defendants of playing the sound recordings in their restaurants/bars, for which the plaintiff holds the copyright would, on a prima facie view, amount to infringement of the plaintiff’s copyright in terms of Section 51 of the Copyright Act, 1957.

Case Briefs High Courts

‘Cannot direct legislature to unbury or re-legislate’; Bombay HC rejects plea to revive Maharashtra Casinos (Control and Tax) Act, 1976

The Maharashtra Casinos (Control and Tax) Act, 1976 Act is “still born” and thus, when the 1976 Act itself is a dead letter, no legal rights can accrue to the petitioner to maintain the present petition.

Case Briefs High Courts

Gujarat HC rejects judiciary aspirant’s plea seeking age relaxation to attempt Civil Judge Exam

The aspirant, who crossed the age limit of 35 years contended that there was no recruitment undertaken during the year 2023-2024, though, the vacancies were available and therefore, she did not get a chance to participate.

Case Briefs High Courts

Telangana HC revokes prohibition on children below age of 16 from watching late night movies in theatres

“The order of this Court dated 24-01-2025 may have ramifications all over the State and may cause substantial loss to the multiplexes/theatres during release of new movies.”

Case Briefs High Courts

Telangana HC rejects PIL challenging prohibition on candidates with more than 2 children from contesting panchayat elections; imposes Rs. 25,000 costs

“If certain persons were held to be ineligible to contest the election having more than two children, such persons may be ‘persons aggrieved’ and could have assailed that decision in an independent capacity and not as a PIL.”

Case Briefs High Courts

Delhi High Court rejects Air Force officer’s plea to quash domestic violence case filed by wife

Even if the contention of the petitioner is accepted that there was no domestic violence, then too her right to claim residence is still maintainable.

Case Briefs High Courts

Reformative approach be taken while evaluating past youthful indiscretions of candidates seeking government employment: Rajasthan High Court

The Court called for a mechanism to be devised in juvenile justice system by expungement of records for minor offenses committed by youth so as enable their easier rehabilitation and also prevent youthful mistakes from becoming lifelong barriers to personal and professional growth.

Case Briefs High Courts

Maintainability of proceedings under S. 148A(b) of Income Tax Act post-enforcement of Finance (No. 2) Act, 2024: Read Allahabad HC’s ruling

The Finance Act No. 02 of 2024, which came into effect on 01-09-2024, brought about significant amendments to the Income Tax Act. Among the key changes are revisions to Sections 148 and 148A, which pertain to the provisions for assessment and reassessment of income. In addition, Section 152 has been amended to introduce two new sub-sections.