High Courts judgments

Rajasthan High Court transfers custody of a 17-year-old girl to her mother after she asserts voluntary association with the respondent, affirming habeas corpus jurisdiction over minors. The ruling underscores the paramountcy of the child's welfare and expressed wishes in custody disputes.

Rajasthan High Court commuted a death sentence to life imprisonment in a brutal axe murder case, applying the rarest of rare doctrine. The ruling underscores the court's rigorous balancing of aggravating and mitigating factors under sentencing jurisprudence.

Delhi State Consumer Commission set aside an order striking off Emaar India's right to file a written statement, ruling that the limitation period for filing begins only after receipt of complete complaint documents. The decision underscores the necessity of verifying the completeness of complaint documents before imposing procedural penalties.

Allahabad HC orders state authorities to release salary and arrears to an ad hoc Sanskrit teacher whose appointment was approved by Sampurnanand Sanskrit University but denied payment. The ruling underscores the enforceability of mandamus against grant-in-aid institutions for salary defaults.

Allahabad HC dismissed an anticipatory bail plea for offences punishable with less than seven years under BNSS Section 35(3), citing Arnesh Kumar principles. The ruling clarifies that statutory safeguards under BNSS apply strictly, limiting pre-arrest relief for such offences.

Bombay HC directs Maharashtra government to decide Vairag Taluka's tahsil declaration proposal within three weeks, emphasizing strict adherence to prescribed criteria and natural justice principles. The ruling underscores executive accountability in administrative reforms affecting local governance structures.

Bombay High Court directs the Scheduled Tribe Caste Certificate Scrutiny Committee to decide Halba ST claims within three months and permits interim admission to petitioners without caste validity certificates pending adjudication. The ruling ensures timely resolution of caste claims while safeguarding educational opportunities for eligible candidates.

Bombay High Court Nagpur Bench restored a student's RTE Act 25% quota admission after verifying the petitioner's address, setting aside cancellation due to an address verification error by authorities. The ruling underscores the need for accurate verification before revoking admission rights under the Right to Education framework.

Allahabad HC grants bail in a dowry death trial where key witnesses turned hostile, relying on the Kapil Wadhawan precedent and citing overcrowded jails. The ruling underscores bail discretion in dowry cases despite hostile testimony and procedural delays.

Allahabad HC granted anticipatory bail to parents of a co-accused in a minor abduction case under BNSS, citing lack of direct allegations, absence of criminal antecedents, and over-implication. The ruling reinforces judicial caution against indiscriminate parental liability in abduction cases involving minors.

Allahabad HC directs applicants to surrender within three weeks and mandates expeditious disposal of bail applications under Satender Kumar Antil guidelines. Non-bailable warrant kept in abeyance for the interim period. Ruling reinforces procedural fairness in surrender-linked bail jurisprudence.

Allahabad HC grants anticipatory bail to a 65-year-old accused in a 20-year-old land fraud case under Section 420 IPC, citing inordinate delay in FIR lodging and absence of independent witnesses. The ruling underscores the court's emphasis on procedural fairness and senior citizen considerations in bail adjudication.

Allahabad HC grants anticipatory bail to Smt Arti Singh, holding mere receipt of embezzled funds in her account does not establish criminal liability. The ruling clarifies that vicarious liability requires specific involvement, not passive association.

Allahabad HC quashed criminal proceedings under Sections 323, 504 IPC for non-cognizable offences after finding the magistrate erred by treating a police report as a state case. The court emphasized that cognizance of non-cognizable offences must comply with Section 2(d) CrPC, mandating a complaint-based process.

Allahabad HC set aside a maintenance order and directed the Family Court to follow Supreme Court’s Rajnesh vs. Neha guidelines requiring parties to file affidavits of assets and liabilities before interim relief is granted. The court ordered compliance within 15 days and adjudication within 30 days, emphasizing procedural fairness in Section 125 CrPC applications.

Allahabad HC ruled that the statutory six-month cooling period under Section 13-B(2) of the Hindu Marriage Act, 1955, cannot be waived, but once elapsed, the Family Court must proceed with the mutual divorce petition. The ruling clarifies that waiver rejections become infructuous post-cooling period, directing expeditious disposal of pending petitions.

Allahabad HC directs District Magistrate to remove illegal encroachment within one week, holding four-year inaction by authorities violates rule of law and finality of SDM order under Section 133 CrPC. The ruling underscores executive accountability in public pathway restoration.

Allahabad HC grants bail to applicant in POCSO case, citing co-accused release and Supreme Court’s Kapil Wadhawan precedent. Court emphasizes no incriminating evidence, completed charge sheet, and jail overcrowding while balancing offence gravity.

Allahabad HC grants bail under BNSS 64 after noting a 1.5-month delay in FIR registration, contradictions in the victim's statement, lack of documentary proof of age, and a medico-legal report failing to corroborate rape allegations. The court emphasized overcrowded jails and trial pendency while stressing the need for robust evidence in serious offenses.

Allahabad HC granted anticipatory bail to a first-time offender accused of grievous injuries, citing over-implication and absence of criminal antecedents. The court emphasized that mere general role without specific attribution of injury and compromise affidavits for co-accused strengthened the case for bail.

Allahabad HC granted bail in a false promise of marriage case under BNS Sections 69 and 351(3), noting the victim’s refusal to undergo medico-legal examination and the applicant’s lack of criminal history. The court emphasized the absence of incriminating evidence and jail overcrowding while citing Kapil Wadhawan v. CBI.

Allahabad HC granted bail under POCSO and BNS despite contradictory victim statements and absence of medico-legal report, citing prolonged trial and jail overcrowding. The court emphasized cooperation undertakings and no criminal history as key factors in the decision.

Allahabad HC directs Juvenile Justice Boards to conclude pending juvenile trials within one year under BNSS Section 529, prioritizing expeditious justice for children in conflict with law. The ruling addresses systemic delays in juvenile cases, emphasizing compliance with statutory timelines to protect child rights.

Bombay HC Nagpur Bench granted anticipatory bail in a case involving alleged money-lending fraud and environmental offences, emphasizing prima facie case and cooperation with investigation. The court noted the applicant's repayment efforts and lack of criminal antecedents as key factors in its order.