High Courts Archives | Page 111 of 591

Whether merely asking someone to retract statement by filing another affidavit would amount to instigating suicide? Gujarat HC answers

The accused allegedly goaded the deceased to make an affidavit denying his signature in a particular document and suicide was committed under the threat to retract the statement.

Case Briefs High Courts

“Alleged non-receipt of notice warrants another opportunity”; Calcutta High Court grants Assessee opportunity to show-cause despite failure to respond

Calcutta High Court explicitly stated that if the appellant failed to comply with the court’s directive, the benefit of the order would not apply, and the appeal would be dismissed without further reference to the court.

Case Briefs High Courts

Delhi High Court directs rogue cyberlocker websites to take down listings of copyrighted content of Warner Bros, Netflix, Universal City Studios

The rogue cyberlocker websites provide an infrastructure specifically designed to incentivize hosting, uploading, storing, sharing, streaming, and downloading of copyrighted material unauthorizedly.

Case Briefs High Courts

‘Judicial Officers are expected to maintain high level of integrity’: Madras HC refused to interfere with punishment given to Judge held for engaging in conference call with accused in Sankararaman murder case

“High standard of proof is essential to convict an accused in a criminal trial. However, no such strict proof is required for punishing a public servant under the Discipline and Appeal Rules”.

Case Briefs High Courts

W.B. Assembly Election 2021 | ‘Appellant seems to have lost interest in prosecuting the matter’; Calcutta High Court dismisses appeal

The instant matter is related to appeal against the writ petition challenging the election of respondent 14 to the West Bengal Assembly in the 2021 elections, based on falsifying his educational qualifications.

Case Briefs High Courts

Arrest and Jail should be resorted in rare cases of contumacious denial to pay the maintenance; Delhi High Court sets aside detention order

A person who has already having been sent to civil imprisonment for a period of three months, cannot be sent to civil prison again in execution of the same decree for a second time.

Case Briefs High Courts

Calcutta High Court dismisses minority institution owners’ petition seeking relief from installation of high-voltage electricity cable

The Calcutta High Court noted that while the Courts may intervene in matters of public interest, such as installation of electricity lines, the same is not warranted in the present case.

Case Briefs High Courts

Calcutta High Court directs adherence of Unnatural Death Compensation Scheme in computation of compensation for prisoners’ unnatural death

The West Bengal Correctional Services Prisoners (Unnatural Death Compensation) Scheme, 2019 provides for the minimum limit of compensation which is payable upon satisfaction of the contingencies provided in the scheme.

Case Briefs High Courts

‘No allegations of tampering with evidence or threatening any person’: Delhi HC grants anticipatory bail to accused persons u/s 336 and 436 of IPC

“Applicants herein have joined investigation, as and when directed by the IO and there are no allegations of tampering with evidence or threatening any person associated with the case.”

Case Briefs High Courts

Noise Pollution | P&H High Court seeks status reports from State on use of loudspeakers at intolerable volume in Gurudwaras

The petitioners were aggrieved by the ‘indiscriminate use of loudspeakers at excessive and intolerable volume by a Gurudwara’ in the residential area.

Case Briefs High Courts

Cheating in government exams undermines principles of meritocracy, equal opportunities; effects not limited to individual but impact society: Delhi High Court

Cheating in government exams perpetuates inequalities by favoring those who can afford to pay for leaked exam papers or engage in fraudulent activities, while disadvantaging those who rely on their hard work and merit to succeed.

Case Briefs High Courts

Bombay High Court| Tata Memorial Hospital classified as an autonomous body under Central Government Control

Tata Memorial Hospital and Indian Cancer Research Centre were amalgamated into an institution named as Tata Memorial Centre, which was registered as a Society under the provisions of the Societies Registration Act, 1860 and also as a public trust under the provisions of the Bombay Public Trusts Act, 1950.

Case Briefs High Courts

“Occurring in nature” in S. 3(c) only qualifies the nearest reasonable referent “non-living substance”: Madras HC directs patent protection for antibody invention

“The real challenge with a patent application in respect of a synthesized non-living substance is establishing novelty, technical advance and not patent eligibility”

Case Briefs High Courts

Forcing wife to do household chores when her health does not permit, amounts to cruelty: Delhi High Court

The allegations which assassinate the character of the spouse amounts to the highest level of cruelty, which no doubt shall shake the foundation of their marriage.

Case Briefs High Courts

Unpacking Bombay High Court’s 867-Page Verdict in 2006 Mumbai Fake Encounter Case

Bombay High Court reversed acquittal of ex-cop Pradeep Sharma; upheld conviction of other police personnel involved in 2006 fake encounter case.

Case Briefs High Courts

Courts must scrutinize 498 A complaints to discern between clever drafting and truth; Delhi High Court quashes complaint

Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members.

Case Briefs High Courts

Gauhati High Court adopts Practice Directions for proceedings filed under POCSO Act

On 15-03-2024, the Chief Justice issued a Notification regarding adoption of Practice Directions for Criminal Appeals/Revisions or Criminal Petitions filed under the POCSO Act in Gauhati High Court and the Outlying Benches.

Case Briefs High Courts

Read why Allahabad HC granted bail to Siddique Kappan’s co-accused Masood in UAPA Case

Allahabad High Court noted that Masood has been languishing in jail since 05-10-2020. Further, it said that there is not even a prima facie case, establishing the complicity of Masood and the nature and gravity of charges and the absence of criminal history on his part require his release on bail.

Case Briefs High Courts

Delhi High Court allows Ukrainian woman to take her minor son back home who was brought to India by her former husband

“We do not think that it would be in the best interest of the minor child, who is currently five years old, to be separated from his mother and his elder sister, who are living in Vinnytsia, Ukraine.”

Case Briefs High Courts

Delhi High Court mandates expedited relief in abuse and eviction dispute under Senior Citizen Act

The very word senior citizens should not refer to only the age beyond 60 years but should invite everyone’s attention to the literal meaning of “senior” also, which as per Oxford dictionary refers to the word “senior” as “equivalent to having a high or higher position in a company, organization, etc. and thus, in the society qua the younger generation.