High Courts judgments

The court held that Section 498A IPC presupposes a valid marriage; where the complainant's prior marriage remained undissolved at the time of the second marriage, the latter is void ab initio, rendering Section 498A inapplicable. Vague allegations and evidence of ulterior motive further justified quashing the FIR against the mother-in-law under Section 482 CrPC. The ruling clarifies that cruelty provisions cannot be invoked to police relationships lacking legal marital status.

The Bombay High Court consolidated 10 FIRs across six districts against a cooperative society director under the MPID Act, IPC and PCMC Act, directing a single trial at Nashik. The first FIR serves as the main case while subsequent FIRs are treated as Section 161 statements, curbing multiplicity of proceedings in economic offence cases.

The Bombay High Court ruled that the RERA Appellate Tribunal cannot adjudicate merits when the Regulatory Authority dismissed a complaint on maintainability grounds without a merits hearing. Doing so would deprive parties of their statutory right to first-instance adjudication and a subsequent appeal. The Tribunal must remand the matter to the Authority for fresh merits determination.

Advance under an agreement to sell is not 'entrustment' for criminal breach of trust (Section 406 IPC), and refusal to execute the sale deed lacks dishonest intent for cheating (Section 420 IPC) absent fraud at inception. The ruling bars criminalising civil property disputes without proof of dishonest intent from the outset, protecting parties from misuse of criminal process.

The Gujarat High Court upheld a Section 376 acquittal, holding that written live-in consent deeds raise a presumption of implied consent to sexual relations, and a marriage promise by a minor is legally unenforceable. The ruling establishes that documented cohabitation agreements can defeat 'false promise of marriage' rape charges when the accused was below marriageable age.

The Bombay High Court quashed a ₹25 crore SAFEMA attachment, holding that the Enforcement Directorate failed to establish any nexus between the appellants' legitimate pre-existing business transactions and the alleged YES Bank-DHFL proceeds of crime. The ruling clarifies that lawful business dealings routed through banking channels cannot be presumed as proceeds of crime under PMLA without a direct link to the scheduled offence, protecting genuine commercial transactions from overbroad attachment.

The Gujarat High Court upheld the murder acquittal of an accused who inflicted fist blows during a sudden quarrel, ruling that absent specific intent to cause death, such spontaneous violence falls outside Section 300 IPC. The court declined to interfere with the trial court's finding that the act constituted only voluntarily causing hurt under Section 323 IPC.

Bombay HC Division Bench grants Section 9 injunction to doctor-investors, barring land alienation to protect specific performance claim after 21-year developer default on delivery and IOD, reversing Single Judge's denial. The decision underscores Section 9's role in preventing arbitration frustration where prolonged inaction threatens the subject matter.

The Bombay HC ruled that permissive use by a relative cannot mature into adverse possession regardless of duration, placing the burden of proof squarely on the claimant. The court also held that an encroachment suit survives technical defects in property description and that the limitation period does not commence against permissive possession.

The court quashed cancellation of a Scheduled Caste child's RTE admission, holding distance norms cannot be rigidly enforced where a Division Bench ordered their removal for unaided schools and compliance would cost the child an academic year. The ruling affirms procedural barriers cannot override substantive educational access for disadvantaged groups.

Bombay High Court upholds Official Liquidator's claim to five paintings in Mafatlal Dyes liquidation, rejecting family claimants' objections and appointing art auction expert.

The Bombay High Court held that import date under FTP is shipment date not arrival upholding Ganesh Das Bhojraj principle and that FTP restrictions apply only to goods dispatched after notification benefiting importers whose goods arrived before notice.

Rajasthan HC holds temporary NOC extension for agricultural colleges requires fulfillment of Clause 8.2 conditions, not merely time period under Clause 8.4.

Delhi HC held that a lender cannot get extra Section 9 relief if mortgage security exists and SARFAESI enforcement is pending, absent proof of immediate asset threat. The decision affects banks seeking arbitration interim relief alongside loan remedies.

The Karnataka High Court ruled that inherent jurisdiction under Section 482 Cr.P.C. cannot be used to quash proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005, unless there is gross illegality or injustice. This clarifies the limits of criminal court interference in civil domestic violence remedies, affecting petitioners seeking to stall DV cases.

The Gujarat High Court affirmed the acquittal of the accused after medical evidence revealed no axe-blow injury, contradicting ocular testimony of fatal head trauma. It held that in acquittal appeals under Section 378 CrPC, the double presumption of innocence requires acquittal to be upheld unless the prosecution proves guilt beyond reasonable doubt, benefiting accused facing conflicting eyewitness and medical evidence.

The Gujarat High Court ruled that a minor’s temporary move due to a parent’s job transfer does not break continuous residence for a domicile certificate. It quashed the rejection and ordered issuance within three weeks, affecting minors facing parental transfers.

The court held that a family settlement deed merely recording an earlier agreement already acted upon need not be registered under Section 17 of the Registration Act, 1908. This clarifies that such deeds are exempt from compulsory registration, helping parties relying on informal family arrangements avoid registration hurdles.

Gujarat HC quashed the bail cancellation order of the POCSO Judge, Deesa, holding that Section 528 BNSS requires a hearing before liberty can be curtailed, safeguarding accused in POCSO cases and preventing bail withdrawal without a fair hearing.

The Delhi High Court permitted Natasha Narwal to travel to the UK for an academic conference despite pending UAPA charges, ruling that mere allegations cannot restrict her Article 21 right to travel abroad. The court imposed safeguards including a ₹1 lakh bond and undertakings to return, balancing personal liberty with investigative needs.

The Delhi High Court held that a buyer’s awareness of existing mortgage defeats a fraud claim for refund of sale consideration. The court applied caveat emptor, holding that knowledge of encumbrances negates fraud claims and bars vexatious suits.

The Karnataka HC held that superannuation does not bar regularization where an employee served 34 years in a sanctioned post, got recommendations, and saw peers regularized, safeguarding workers’ legitimate expectation and equality rights under Article 14.

A Jharkhand-SC migrant’s caste is judged by Odisha’s Presidential notification, which labels Bhuiya caste as a tribe, denying him ST benefits. The Orissa HC held that migrants cannot export their home state’s SC/ST status, affecting reservation claims.

The Madras HC quashed a suspension and demotion order under the SH Act, 2013, holding the inquiry violated natural justice by denying accused a chance to defend himself, and stressed that SH Act inquiries must give accused a hearing to protect rights.