High Courts judgments

The Gujarat HC ruled that mere shareholding in a public limited company does not attract Section 179 IT Act liability without proof of gross neglect in tax non-recovery. Directors are shielded from vicarious tax liability absent such evidence.

The Telangana High Court held that under Section 50 of the NDPS Act, police must individually communicate the right to be searched before a search; failure to do so vitiates seizure and undermines conviction. The ruling acquitted the accused and underscores the procedural safeguard’s importance for all NDPS prosecutions.

Section 90 of the Evidence Act applies only to original documents, not certified copies, the HP High Court held, leading to the dismissal of the redemption suit and underscoring the need to rely on original documents.

The court held that prosecuting a company officer without arraying the company as accused and without showing a nomination under Section 49 of the Legal Metrology Act, 2009 constitutes an abuse of process. This ruling clarifies vicarious liability requirements under the Act and protects officers from unwarranted prosecution.

The Uttarakhand High Court barred examining a ten-year-old as a witness in custody cases, holding it harms psychological growth and that informal interaction under Section 17(3) of the Guardians and Wards Act, 1890 suffices to ascertain the child's preference. The decision shields children from stressful testimony and guides courts on permissible judicial interaction in custody disputes.

The Uttarakhand High Court upheld ₹20,000 monthly maintenance under Section 125 CrPC, ruling that a husband who failed to pursue a nullity suit is estopped from denying the marriage. It also held that oral testimony alone can establish the husband's income for maintenance purposes.

Uttarakhand HC quashed a Section 306 IPC charge under Section 482 CrPC, ruling that abetment of suicide demands proof of a positive act of instigation, not mere allegations or presumptions. The decision sets a higher bar for charge-framing, protecting accused from speculative prosecutions.

Calcutta HC held that a probationer's termination is punitive only if preceded by a formal enquiry into misconduct allegations culminating in guilt. It upheld Vijaya Bank's termination for unsatisfactory performance as simpliciter, clarifying the stigma test for probationers.

The Karnataka HC held that a Lok Adalat cannot issue a hybrid award without an actual settlement and that the trial court may recall its withdrawal permission under Section 151 CPC if settlement fails, dismissing writ petitions challenging re-opening of suits. This clarifies Lok Adalat’s limits and lets parties re-open suits when settlement does not materialize.

The Madras High Court ruled that revenue authorities cannot cancel patta based on succession claims and must refer such disputes to civil court, quashing the cancellation order. The decision protects patta holders from administrative overreach and clarifies that only civil courts can decide title disputes over government-assigned land.

The Uttarakhand HC directed the Kashipur SHO to assess threats and provide police protection to an interfaith couple. It held that the state must protect couples facing familial threats, citing the Lata Singh precedent.

The Division Bench held that the vendor's obligation to transfer 51% shares and reconstitute the board was a condition precedent, so its non-performance discharged the purchaser's payment duty. The purchaser's SMS communication avoiding the contract was lawful, and the vendor's Rs. 5.51 crore damages claim failed for want of proof. The purchaser's Rs. 1 crore advance was refunded under Section 65 of the Contract Act.

The Calcutta High Court ruled that an exclusive jurisdiction clause in the arbitration agreement overrides the statutory venue of the West Bengal Micro Small Enterprises Facilitation Council for post-award extensions under Section 29A. This decision limits parties’ ability to seek extensions at the WBMSEFC, reinforcing the primacy of contractual forum selection in MSME arbitrations.

Calcutta HC ruled banks cannot partially freeze accounts on mere mule suspicion without evidence, notice, and hearing - violating natural justice and RBI Master Directions. Ordered defreeze with lien only on disputed ₹10 lakh and a six-week decision deadline, affirming proportionality and due process for account holders.

The Gujarat High Court quashed the FIR alleging abetment of suicide under Section 406 IPC and a breach of trust under Section 3(2)(va) Atrocities Act, finding the prosecution failed to meet the evidentiary threshold for abetment. The ruling clarifies that mere financial assistance is insufficient without proof of intent to facilitate suicide, safeguarding individuals from wrongful charges.

Bombay High Court clarifies that caretaker agreements were licenses, not leases, and confirms its power under Order XLI Rule 33 in Article 227 petitions, directing mesne profit enquiry for long-term occupation.

Delhi HC directed the MCD to find alternative vending space for the petitioner within two weeks, requiring cart vending, a gas cylinder, hygiene compliance and non-obstruction, thereby protecting the vendor’s livelihood and addressing MCD safety concerns.

The Delhi High Court held that a claim of commercial disparagement succeeds only if the advertisement conveys a false or misleading overall impression to the average consumer, not when it isolates truthful statements about ingredients. The ruling clarifies the standard for comparative ads affecting FMCG brands and advertisers.

The Gauhati HC held that rejecting a Section 311 CrPC witness-summoning petition may be an intermediate order if it affects the final judgment, allowing a Section 397 CrPC revision to challenge such denial of vital witness evidence.

The Gauhati High Court held that under BNSS 43(5), arrest is effective detention, not formal custody, for the sunset rule. Applying this, it denied bail in an NDPS case with 434.38 g heroin, clarifying arrest timing for bail in drug prosecutions.

The Himachal Pradesh High Court ruled that a complainant may invoke Section 193(9) BNSS to demand further investigation before charges are framed, rejecting the view that only the investigating agency can move such an application. The decision strengthens victim participation in ensuring a thorough probe at the pre-trial stage.

The Karnataka HC ruled a 3-year-8-month delay in the final declaration under the KIAD Act broke statutory connectivity, but severability confined relief to landowners who challenged proceedings and refused compensation. Others were barred by estoppel and laches. The decision prevents procedural delays from automatically invalidating entire acquisition schemes where parties have acquiesced.

The Gauhati High Court ruled that a mutation entry based on an unregistered sale deed cannot extinguish the original vendor's title, and clarified that a suit for declaration coupled with consequential injunction relief falls outside the Section 34 Specific Relief Act proviso bar. This protects property owners from losing title through mere revenue entries and preserves access to declaratory relief with ancillary protections.

Patna HC rules DOB discrepancy between school and matriculation certificates is mere irregularity, not fraud; termination after 19 years violates Article 311. Division Bench quashes termination, awards full back wages, and applies 42-year age limit under 2020 Rules. Ruling protects long-serving contractual employees from belated disciplinary action over minor documentary inconsistencies.