High Courts judgments

The J&K High Court upheld the rape conviction of two appellants relying on a speech-impaired minor's testimony, ruling that non-compliance with Section 119 Evidence Act's videography requirement is not fatal absent prejudice to the accused. The third appellant was acquitted based on the victim's exculpatory statement.

Himachal Pradesh HC upholds Rule 73-A(1)A(xi) restricting school transport vehicles to 15 years, rejecting ultra vires and arbitrariness challenges.

The High Court condoned a 3,039-day delay in a Section 54 land acquisition appeal but, following the Supreme Court's New Okhla ruling, denied statutory benefits and interest for the delay period. Landowners receive enhanced compensation only; the acquiring body is not liable for interest or solatium accrued during the delay.

The Gujarat High Court dismissed the State's appeal against acquittal of a husband and in-laws under Section 306 IPC, ruling that persistent harassment over childlessness, without proof of active instigation coupled with mens rea, does not constitute abetment of suicide. The decision raises the evidentiary bar for prosecutions linking domestic cruelty to suicide.

Gujarat HC allows release of seized Eicher truck on interim custody pending trial, holding Section 98(2) Gujarat Prohibition Act not absolute embargo.

The High Court upheld the Section 6 POCSO conviction for kidnapping and sexual assault of a minor but held the 30-year simple imprisonment sentence statutorily impermissible and disproportionate. It reduced the sentence to 15 years rigorous imprisonment, factoring in the appellant's youth at the time of offence, clean record, and over 11 years already incarcerated.

The court ruled that Section 69-A of the Tamil Nadu Court Fees Act permits full fee refunds only when disputes are referred under Section 89 CPC, not for private out-of-court settlements after evidence has been recorded. Section 69 overrides Section 69-A once trial commences, denying refunds to plaintiffs who settle privately mid-trial. This clarifies the scope of fee refunds and impacts litigants opting for private compromise after evidence stage.

Chhattisgarh High Court dismisses writ petition challenging Rent Control Tribunal's refusal to condone delay in filing appeal, holding apprehension of arrest does not constitute sufficient cause under Section 5 Limitation Act when party had ample opportunity to participate.

Delhi HC condones 67-day delay in chamber appeal, sets aside order closing mortgagee bank's right to lead evidence, directs Joint Registrar to grant fresh opportunity.

The Madras High Court invoked Article 227 supervisory jurisdiction to strike off a civil suit where the plaintiff suppressed prior Supreme Court eviction decrees and claimed title through a tenant who fabricated settlement and sale deeds in breach of court undertakings. The ruling affirms that supervisory power extends to aborting proceedings founded on fraud and deliberate concealment of adverse judicial orders.

The court ruled that a natural guardian may directly invoke Section 25 of the Guardians and Wards Act for custody without first obtaining a guardianship declaration under Section 7, setting aside the Family Court's threshold dismissal and restoring the suit for merit-based adjudication. This clarifies that the statutory custody remedy is independently accessible to natural guardians.

The Madras HC ruled that a writ petition under Article 226 cannot challenge an MSMED Council award under Section 18 after a failed Section 34 petition, as Section 37 appeal is the exclusive remedy. The court barred the party from approbating and reprobating on the award's nature.

The Chhattisgarh High Court held that a District Magistrate's role under Section 14 of the SARFAESI Act is strictly ministerial and does not extend to adjudicating third-party rights or title disputes arising from subsequent sales. The court set aside the DM's order rejecting the secured creditor's application on the ground of a subsequent sale, directing fresh disposal within 30 days.

The Delhi High Court held that Article 227 supervisory jurisdiction survives the Section 37(3) bar on second appeals to review a Section 37(2)(b) appellate order, but dismissed the petition on merits. The court upheld the appellate court's modification of the arbitrator's Section 17 interim direction limiting document production to the pre-arbitration period, finding no perversity warranting interference.

The Patna High Court refused probate where a literate testatrix signed an FIR nine days before executing a will with a thumb impression, and the propounders - also attesting witnesses - failed to prove testamentary capacity or dispel the suspicious circumstances. The ruling underscores that propounders bear the burden of affirmatively removing doubts around will execution, particularly when interested witnesses are involved.

The Delhi High Court upheld an adverse inference against a husband who failed to file his income affidavit despite six opportunities over 14 months, affirming Rs.20,000 monthly interim maintenance. It also refused to condone a 222-day delay in filing the revision, as the petitioner's ignorance claim was contradicted by his counsel's recorded presence at the hearing.

The Delhi High Court held that an unverified internal police database report, marked for investigative reference only, cannot prove criminal involvement. It directed the DCP to verify and correct the erroneous entry linking the petitioner to an FIR where he was unnamed within four weeks, and barred reliance on the report in court.

The Delhi High Court ruled that trademark infringement claims against an ex-licensee and its affiliates are arbitrable under the licence agreement as subordinate rights in personam, not rights in rem. Non-signatory affiliates are bound as persons claiming through the signatory, extending the arbitration clause to related entities.

The J&K High Court held that a single composite demand notice covering multiple dishonoured cheques satisfies Section 138 NI Act requirements, and that taking cognizance after the 15-day statutory payment window expires cures any premature filing defect. The ruling clarifies procedural compliance for cheque bounce complainants and limits technical grounds for quashing proceedings.

The court held that generic accusations of 'inciting the husband' without particulars of cruelty or harassment fail to make out a prima facie case under Section 498A IPC against in-laws. The ruling reinforces that matrimonial disputes cannot be weaponised to rope in relatives through boilerplate FIRs, protecting elderly parents and distant relatives from vexatious prosecution.

The High Court ruled that brothers of a deceased victim qualify as 'legal representatives' under Section 166(1)(c) of the Motor Vehicles Act and are entitled to claim compensation without proving financial dependency. The Tribunal's rejection of the claim solely on dependency grounds was set aside, and the matter was remanded for fresh adjudication within one year.

Calcutta High Court quashed eviction orders under SARFAESI Act Section 14 where an HFC sought possession for a Rs 16.56 lakh debt, below the Rs 20 lakh jurisdictional floor for NBFCs/HFCs. The court ruled the Magistrate lacked jurisdiction, directing restoration of possession within 15 days and affirming the threshold as a mandatory precondition for enforcement.

The Gujarat High Court ruled that voluntary PF/ESPP deductions cannot be deducted from gross salary for Section 125 maintenance, as they are the husband's assets, not mandatory charges. Applying the Supreme Court's Harpreet Sawhney precedent, it quashed a net-salary-based order and remanded for fresh computation on gross income, safeguarding the wife's maintenance entitlement.

The Gujarat High Court ruled that acceptance of Form GST DRC-03A reducing principal liability to nil satisfies the Section 128A CGST Act payment condition for interest/penalty waiver, even if the original DRC-03 cited the wrong financial year. Technical errors in the initial voluntary payment form do not bar taxpayers from the amnesty scheme once the liability is extinguished.