High Courts

Inadvertent Marital Status Error Not Fraud: HC Sets Aside Passport Revocation

The Punjab and Haryana High Court has ruled that a passport cannot be revoked or impounded merely because of an inadvertent error in disclosing marital status or including the name of an ex-husband. Justice Harsh Bunger, while deciding the petition, emphasized that such mistakes cannot be treated as fraudulent misrepresentation under the Passports Act, 1967, and […]

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Bombay HC Expands Concept of Women\’s Modesty U/S 509 IPC, Refuses to Quash FIR

On August 21, 2024  the Bombay High Court’s Division Bench, composed of Justice A.S. Gadkari and Justice Dr. Neela Gokhale, refused to quash an FIR registered by the Cyber Cell under Sections 354, 509, and 506(2) of the Indian Penal Code, 1860 (IPC), along with Section 67 of the Information Technology Act, 2000 (IT Act).

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Bombay HC Quashes Detention As ‘Sand Smuggler’ Due To Inadequate Evidence

The Bombay High Court bench, comprising Justice Bharati Dangre and Justice Manjusha Deshpande, on August 23, 2024, addressed a criminal writ petition challenging a detention order issued by the District Magistrate of Solapur. The petitioner was detained under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders, Dangerous Persons, Video Pirates, Sand Smugglers, and

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HC Nixes Contempt Plea Against Streaming Apps ‘YouTube, Spotify In Noise Pollution Case

In a recent clarification, the Punjab and Haryana High Court held that online platforms such as YouTube, Apple Music, Spotify, JioSaavn, and Wynk Music cannot be held in contempt for hosting songs that glorify violence, liquor, or drugs. The issue came up after a petition alleged that these platforms had failed to comply with directions

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No Freedom After 28 Years : Remission Not An Automatic & Absolute Right In Crimes Against State ; Says HC

The Delhi High Court recently delivered a ruling on the balance between individual liberty and national security. The case concerned a life convict seeking premature release under the 2004 remission policy. At the core of the Court’s reasoning was the question of whether the duration of imprisonment and eligibility for remission could outweigh the seriousness

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‘The Bengal Files’ Controversy : HC Dismisses Plea Over Alleged Defamatory Depiction Of Freedom Fighter

In a latest development the Calcutta High Court dismissed the writ petition filed by the grandson of freedom fighter Gopal Mukherjee, popularly known as “Gopal Patha”, who had challenged the alleged derogatory depiction of his grandfather in filmmaker Vivek Agnihotri’s new movie, ‘The Bengal Files’. Justice Amrita Sinha in her order said:"Petitioner intended to obtain

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HC Rejects Grandmother’s Custody Plea, Upholds Father’s Rights

Justice Ravindra Ghuge and Justice Gautam Ankhad of the Bombay High Court recently ruled that a child's custody cannot be awarded to grandparents solely due to an emotional attachment, as this does not grant them any "superior" rights over biological parents. Consequently, while hearing a father's habeas corpus plea, the bench granted him custody of

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Husband Can’t Dodge Maintenance By Citing Stay On Divorce Case : HC Rules

A husband's obligation to provide maintenance pendente lite to his wife, as stipulated under Section 24 of the Hindu Marriage Act, continues unabated, even if the divorce proceedings are stayed, emphasized Justice Manish Kumar Nigam of the Allahabad High Court in his ruling. The bench further clarified that this duty remains intact regardless of whether

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HC Uses ‘Preamble Writing’ As Corrective Tool In Hate Speech Bail Case

Justice M. Jothiraman of the Madras High Court recently granted anticipatory bail to three Hindu Munnani workers accused in a case involving alleged hate speech. But the court's decision came with a unique condition aimed at helping the accused better understand the constitutional values and principles outlined in the Indian Constitution. Specifically, the petitioners were

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