High Court weekly Round Up


Bounden duty of State to ensure that Article 21 of Constitution is not violated; Allahabad HC grants interim stay on demolitions in Lucknow’s Akbar Nagar

In a petition filed against a demolition order dated 15-12-2023, whereby the appeals preferred by the petitioners under Section 27(2) of the U.P. Urban Planning and Development Act, 1973 (‘1973 Act’) have been dismissed, Pankaj Bhatia, J. while staying the demolition order till the next date of listing, directed that no demolition to be carried out in the entire area. The Lucknow Development Authority (‘LDA’) was directed to give four weeks to the inhabitants to apply in terms of the scheme and the inhabitants would be at liberty to apply in terms of the scheme within a reasonable time. It also directed the LDA to take steps for resettlement of the persons who have applied in terms of the scheme and obtain vacant physical possession of the present premises in their occupation. Read more

No mention of mode of service of notice to husband in proceeding under S.125 CrPC; Allahabad HC set aside ex-parte maintenance order

In a criminal revision against the ex-parte judgment and order passed by the Additional Principal Judge, under Section 125 of the Code of Criminal Procedure, 1973 (CrPC) , wherein the Court has awarded maintenance of Rs.6,000/- per month to the wife and Rs.3,000/- per month to her minor son from the date of filing of application dated 17-9-2019, which is payable on 10th of each month, Ram Manohar Narayan Mishra, J. with a view to afford an opportunity to the husband to present his case before the court below and also to ensure the just decision of maintenance case filed under Section 125 CrPC, set aside the impugned judgment and order, subject to the following condition, that the husband will deposit Rs.1,00,000/- as cost before the court below within two months, which will be payable to the wife and will pay Rs.5000/- per month in aggregate as interim maintenance to his wife and her minor son for their sustenance during pendency of said maintenance case, which will be payable on 10-12-2023 and on 10th of each succeeding month. Read more

Mental Healthcare Act and Disabilities Act provide for appointment of guardian for people with disabilities, but nothing about person in comatose state: Allahabad HC

In a writ petition filed for directing Sate to declare the petitioner 1 (wife) as the guardian of respondent 6 (husband) for the purposes of disposing of and managing his assets, the division bench of Mahesh Chandra Tripathi and Prashant Kumar, JJ. has appointed petitioner 1 as guardian of her husband, who is in comatose state, and said that he will have the right to take decisions on behalf of her husband for his proper medical treatment, nursing care, welfare and benefit of her husband and their children with power to do all acts, duties and things with respect to all the bank accounts, investments, residential. Read more

Can MSMED Act have an overriding effect over Arbitration and Conciliation Act and agreement between parties? Allahabad HC answers

In an appeal under Section 37 of Arbitration and Conciliation Act, 1996, against the Commercial Court order, wherein the Court held that only the Courts at Jabalpur would have the jurisdiction, the division bench of Mahesh Chandra Tripathi* and Prashant Kumar, JJ. while setting aside the impugned order, held that MSMED Act, 2006 being a special Act will have overriding effect over the Arbitration and Conciliation Act, 1996 and the agreement entered between the parties. Since the proceeding was initiated under the MSMED Act, 2006 and was filed before Facilitation Council, Kanpur, the Commercial Court, Kanpur will have the jurisdiction to entertain Section 34 application. Read more


Andhra Pradesh HC acquits man convicted under NDPS Act as negative burden was placed on him to show he did not own the cultivated land

In an appeal filed against the judgment dated 03-07-2009, A.V. Ravindra Babu, J.*, opined that the Trial Court exonerated Accused 1 and 2 on the ground that no Adangal was filed to show that they cultivated the land, but the same logic was not applied to the appellant who was not even physically present in the land and the criminal liability against the appellant was fastened, based on the version of Accused 1 and 2. The Court opined that the whole approach of the Trial Court in appreciating the evidence on record was not in accordance with the law. Thus, the Court opined that there was no legally admissible evidence against the present appellant so as to convict him under Section 20(a)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) and accordingly, acquitted the appellant of the charge and set aside the impugned judgement passed by the Trial Court. Read more


Bombay High Court upholds maintenance to second wife under Section 125 of CrPC

In a writ petition filed under Article 227 of Constitution of India by a second wife who married her husband with the belief that he had divorced his first wife, challenging the judgment and order dated 21-04-2022, Rajesh S. Patil, J. allowed her petition for maintenance. Read more

Bombay High Court dismisses appeal challenging jurisdiction in view of Section 42 of Arbitration Act

An appeal was filed challenging an order dated 26-04-2023 wherein it was held that the Court does not have jurisdiction to entertain the commercial Arbitration petition. A division bench of Devendra Kumar Upadhyay, CJ., and Arif S Doctor, J., dismissed the appeal and directed the appellant to move the present Commercial Arbitration Petition before the Principal District Court Thane within a period of four weeks from the date of order. Read more

Bombay High Court declares ‘ATOMBERG’ as a well known trademark in India

A suit was filed by the plaintiff seeking a permanent injunction restraining the Defendants from infringing the Plaintiff’s registered trademarks, copyright, passing off, and other reliefs. R I Chagla, J. declared the Plaintiff’s ATOMBERG trademark as a ‘well-known’ trademark in India as defined in Section 2(1)(zg) of the Trade Marks Act, 1999. Read more

Unspent healthcare budget prompts Bombay High Court to direct State to ensure spending sanctioned budget

In a Public Interest Litigation (PIL) against State Government of Maharashtra for unspent healthcare budget, the Division Bench of Devendra Kumar Upadhyaya, CJ. And Arif S. Doctor, J. expressed concerns and directed the State Government and Maharashtra Public Service Commission (‘MPSC’) to ensure expeditious filling of vacancies on several posts and expenditure and procurement of drugs and medical equipment as per the budget sanctioned. Read more


Right to property| Calcutta High Court directs payment of compensation under Article 300A despite substantial delay

In an appeal against the order directing the initiation of land acquisition proceedings under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 and payment of compensation, a division bench comprising of Arijit Banerjee, and Kausik Chanda,* JJ., held that right to property justifies compensation despite delay and directed the State to initiate proceeding under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013 and pay compensation within a reasonable time. Read more

Calcutta High Court upholds termination of Municipal employees due to procedural lapses in recruitment process

In a petition preferred by 32 petitioners challenging the termination of their services by the Director of Local Bodies and the Commissioner, Urban Development and Municipal Affairs Department, without a hearing or providing reasons, a single-judge bench comprising of Amrita Sinha,* J., while noting the timeline of the recruitment process, highlighting the speed of events, held that the recruitment process was marred by illegalities, supporting respondent’s decision to cancel it. Read more

Termination without opportunity of being heard violates Article 311(2) mandate: Calcutta High Court

In a petition challenging the order of the Central Administrative Tribunal, Kolkata Bench, dated 13-09-2022, which set aside the termination of the respondent 1’s service as a probationary Civil Motor Driver at the Army Recruiting Office, Gopalpur, a division bench comprising of Gaurang Kanth* and Tapabrata Chakraborty, JJ., dismissed the writ petition, affirming the Central Administrative Tribunal’s decision. The Court held that “the termination letter dated 13th July, 2018 was issued without affording an opportunity of hearing to the respondent no. 1 and hence it is in violation of Article 311(2) of the Constitution of India.” Read more

Calcutta High Court directs Maulana Abul Kalam Azad University of Technology to renew Calcutta Institute of Science and Management’s Affiliation for 2023-2024

In a petition challenging a communication from the Inspector of Colleges of Maulana Abul Kalam Azad University of Technology, West Bengal, which recommended the non-renewal of affiliation for Calcutta Institute of Science and Management (College Code-299) for the academic year 2023-2024, a single-judge bench comprising of Kausik Chanda, J., held the University is estopped from raising the issue of lease deed violation as it had allowed the petitioners to operate the non-AICTE college for almost two decades with full knowledge of the lease conditions. The Court held that decision to impose “non-admission” status is liable to be set aside, and directed the University to renew affiliation for the academic year 2023-2024. Read more

Calcutta High Court sets aside medical negligence charges on finding ‘palpable wrongs in the adjudication process’

In an appeal revolving around allegations of medical negligence that resulted in the patient’s demise, the competence of medical practitioners, and the jurisdiction of the Commission in dealing with medical issues, a division bench comprising of Arijit Banerjee and Apurba Sinha Ray,* JJ., set aside the judgment of the learned Single Judge and the order of the State Medical Council, finding palpable wrongs in the adjudication process. The court allowed the appeal, permitting the complainant to pursue issues of medical negligence before the appropriate forum under the National Medical Commission Act. Read more

Howrah unit qualifies as small enterprise under MSMED Act’; Calcutta High Court directs issuance of Eligibility-cum-Registration Certificate under W.B. Incentive Scheme, 2013

In a writ petition seeking to set aside the decision communicated through letters dated 16-07-2018, 31-07-2018, and 03-01-2019, rejecting petitioner’s application for incentives under the West Bengal Incentive Scheme, 2013, a single-judge bench comprising of Hiranmay Bhattacharyya, J., allowed the writ petition and set aside the rejection of the petitioner’s incentive application, with specific directions for the issuance of the Eligibility-cum-Registration Certificate and the extension of benefits under the West Bengal Incentive Scheme, 2013 (the Incentive Scheme). While upholding the petitioner’s claim, the Court emphasised the importance of considering applications based on the rules in force at the time of consideration and highlighted that the circular on clubbing investments had no application on the relevant date. Read more


‘Not in good taste’; Delhi High Court directs ECI to decide on Rahul Gandhi’s ‘false & vilifying speech’ case within 8 weeks

The present petition was filed seeking a direction to Respondent 2, Central Election Commission of India to take strict action against Respondent 3, Rahul Gandhi for making an allegedly false and vilifying speech at Bayatu, District Barmer, Rajasthan on 22-11-2023 and to register complaints against him under various provisions of the Penal Code, 1860 and the Representation of the People Act, 1951. The Division Bench of Manmohan, ACJ., and Mini Pushkarna, J., disposed of the present writ petition by directing the Election Commission of India to decide the matter in accordance with law, as expeditiously as possible, preferably, within eight weeks. Read more

Delhi High Court dismisses plea by Centre for PIL and Harsh Mander seeking probe into alleged over invoicing by Essar Group, Adani Group among others

Two petitions were filed, one by the Centre for Public Interest Litigation (petitioner 1) seeking a probe by the Special Investigating Agency (SIT) into reports of the Directorate of Revenue Intelligence (DRI) against various private power-generating companies for over-invoicing carried out by them. The other petition was filed by Common Cause (petitioner 2) seeking a direction to the Central Bureau of Investigation (respondent 3) to investigate cases in respect of over-invoicing in power projects, as reported by the Directorate of Revenue Intelligence (DRI) OR to set up a Special Investigating Team (SIT) under a retired Judge of the Supreme Court of India to probe into the over-invoicing. A division bench of Suresh Kumar Kait and Neena Bansal Krishna, JJ., decided not to interfere as the allegations are regarding inflated rates of the tariff of electricity which is governed by the Tariff Regulatory under the guidelines of the Central Government. Read more

Delhi High Court declares shaded ‘N’ mark of New Balance Athletics, Inc. as a ‘well-known mark’ in relation to footwear

Prathiba M. Singh, J.*, passed an order for permanent injunction, restraining defendants from manufacturing, offering for sale, selling, displaying, advertising, marketing, whether directly or indirectly, and whether on the Internet or otherwise, footwear and any other similar/related/allied/cognate goods bearing Defendant 1’s Marks and marks that incorporated Defendant 1’s marks, or any other mark that was identical/deceptively similar to plaintiff’s, New Balance Athletics, Inc. marks. Further, the Court declared the shaded ‘N’ mark of plaintiff as a ‘well-known mark’. Read more

‘Complete lack of due diligence in prosecution as petition u/s 34 of A&C Act, 1996 dismissed twice’; Delhi HC dismisses application filed for availing benefit u/s 14 of Limitation Act

The Division Bench of Rajiv Shakdher and Tara Vitasta Ganju*, JJ., opined that appellant’s petition was dismissed in default on two occasions, which showed complete lack of due diligence in its prosecution. The Court dismissed the appeal and held that the pre-conditions for such application to be allowed as held by the Supreme Court in Consolidated Engg. Enterprises v. Irrigation Deptt., (2008) 7 SCC 169 (‘Consolidated Engineering Case’) and Madhavrao Narayanrao Patwardhan v. Ram Krishna Govind Bhanu, 1959 SCR 564 (‘Madhavrao Narayanrao Case’) did not co-exist as appellant had been completely remiss in prosecution of this case. Read more

Delhi High Court passes John Doe injunction order restraining use of mark WOW MOMO

A suit was filed by the plaintiff having its registered trademark as WOW Momo seeking to restrain the defendants from misrepresenting itself as authorized to offer franchises of the plaintiff to the public, in which pursuit it misuses the plaintiff’s registered mark ‘WOWMOMO’. C Hari Shankar, J., grants an interim injunction of John Doe nature restraining the unknown defendants from using, advertising, directly or indirectly dealing in the trade mark , or the domain names having mark WOWMOMO. Read more

Delhi High Court calls the petition filed for claiming property rights on United Province of Agra including Delhi, Gurgaon and Uttarakhand as frivolous; imposes 10,000 as costs

A petition was filed seeking a direction to adopt the process of merger, accession or enter into treaty with the petitioner and acquisition of territories of the petitioner and pay the due compensation to the petitioner. Subramonium Prasad, J., held the present petition as an abuse of the process of law and complete waste of judicial time and imposed costs of Rs.10,000 on the petitioner to be deposited with the Armed Forces Battle Casualties Welfare Fund. Read more

Insurance Company acts as indemnifier and has no contractual/other relationship with transferee of offending vehicle: Delhi High Court

In the present case, appeals were filed challenging the Award dated 06-12-2018 passed by the Motor Accident Claims Tribunal (West-01), Delhi (‘Tribunal’), wherein the Tribunal while awarding compensation of Rs. 15,49,324 along with interest at the rate of 9% p.a., had further directed that Respondent 1 shall pay compensation to Respondents 2 to 6, however, would have a recovery right against appellants, to recover the said compensation from them. The appellants were thus aggrieved of this direction. Navin Chawla, J.*, opined that the registered owner of the vehicle could not absolve himself of his responsibility even more so, when he had taken no further steps to get the fact of such sale registered with the Registration Authority or at least, intimating this fact to the Registration Authority and the Insurance Company. The Court found no merit in the appeal and thus dismissed it and the impugned award, insofar as it allowed Respondent 1 to seek reimbursement of the claim amount from the minor boy, was set aside. Read more

Delhi HC directs State to pay revised minimum wages to Tihar Jail prisoner as per order dated 20-04-2023 passed by Office of Commissioner (Labour), Govt. of Delhi

Petitioner approached this Court for a direction to Respondent 2, Office of Commissioner (Labour), Government of Delhi to review and revise the existing rates of wages in Tihar Prison in light of the minimum wages notified by Respondent 1, State (NCT of Delhi). Subramonium Prasad, J., directed respondents to pay revised minimum wages to petitioner with effect from the date when the minimum wages were increased and implemented in Delhi and not from 14-11-2023. Read more

Disputes regarding correctness of information provided cannot be adjudicated in proceedings under RTI Act: Delhi High Court

In an appeal filed to challenge the judgment dated 22-09-2023, the Division Bench of Manmohan, ACJ., and Mini Pushkarna, J.*, opined that the disputes regarding the correctness of information provided under the RTI Act or any other dispute or controversy could not be adjudicated in the proceedings under the RTI Act. The Court opined that the CPIO was only required to supply all the information or documents within his access and whether or not such information as provided by the CPIO under the RTI Act was incorrect in any manner was not the domain of consideration or determination under the RTI proceedings and dismissed the present appeal. Read more

‘Not an original artistic work’; Delhi High Court cancels copyright registration of ‘Arras The Boss’ in a suit by perfume brand ‘Hugo Boss’

The present petition seeking rectification of the Register was filed by petitioner, Hugo Boss Trade Mark Management GMBH and Co. Kg under Section 50 of the Copyright Act, 1957 (‘the Act’) seeking expunction/removal of the copyright registration titled ‘ARAAS THE BOSS’ (‘impugned registration’). The impugned registration dated 07-01-2021 was obtained by Respondent 1, Sandeep Arora and was trading as ‘ARRAS THE BOSS’. Prathiba M. Singh, J.*, opined that petitioner would be aggrieved since the copyright registration would dilute and erode its rights in the mark ‘BOSS’ which formed an integral part of the work for which Respondent 1 had obtained registration. The Court held that Respondent 1’s registration was an entry, which was wrongly made and was also wrongly remaining in the register. The Court thus expunged and cancelled the copyright registration of ‘ARRAS THE BOSS’ mark from the Register of Copyrights. Read more.

[S. 37 Arbitration Act] GNCTD to pay costs to Educomp Solutions; Delhi High Court upholds order

An appeal was filed under Section 37(1)(c) of the Arbitration and Conciliation Act, 1996 read with Section 13 of the Commercial Courts Act, 2015 assailing judgment dated 05-04-2021 passed by the District Judge, Tis Hazri, Delhi whereby the appellant’s appeal under Section 34 of the Act was dismissed and the award passed by the Sole Arbitrator was upheld. A division bench of Yashwant Varma and Anish Dayal, JJ., upheld the impugned order as no reason to interfere with the impugned judgement in the exercise of the Court’s jurisdiction under Section 37 of the Arbitration and Conciliation, 1996 was made out. Read more

Patent Office to pass orders after concluding oral hearings within reasonable period that cannot go beyond 3-6 months: Delhi High Court

Prathiba M. Singh, J.*, opined that though no specific time period was prescribed for passing of orders after concluding oral hearings, the Patent Office was expected to pass the same within a reasonable period and such a reasonable period could not be beyond three to six months in any case. The Court thus set aside the impugned order where appellant’s patent application was rejected and further, directed the Patent Office to reflect the change of status of appellant’s application on its website and show the same as pending. Read more

Words of common English usage, even when put together to form phrase of common English usage, cannot be registered as trade mark: Delhi High Court

In an application preferred by the plaintiff under Order 39 Rules 1 and 2 of the Civil Procedure Code, 1908 (‘CPC’), C. Hari Shankar, J.*, opined that while obtaining registration of such mark, the registrant had to be conscious that since the mark was a combination of ordinary English words, there was ever possibility that the similar mark was used by another person. Commonly used words, or a non-distinctive combination of commonly used words, could not be monopolised by any one person, so as to disentitle the rest of the word to its use. Thus, the Court opined that the plaintiff’s claim to exclusivity over the words “Institute of Directors” and the plaintiff’s prayer for a restraint against the defendants’ using the words “Directors Institute” could not prima facie sustain. Read more


Boys will be boys’ regrettably normalises stalking, eve-teasing, assault; Rape is Rape, be it by husband’: Gujarat HC while refusing bail to mother-in-law

In a bail application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) for offences under Section 354(a)(c), 376, 376(D), 498(a), 506(2), 508, 509, 34, 114 and 201 of the Penal Code, 1860 (‘IPC’) as well as Sections 66(e) and 67(a) of the Information Technology Act, 2000 (‘IT Act’), the Court refused to grant bail for her equal role in the offence against her daughter-in-law and observed that a man is a man; an act is an act; rape is a rape, be it performed by a man the “husband” on the woman “wife”. Read more


Constitutional obligation on States to ensure clean environment; Himachal Pradesh HC dismisses petition challenging NGT’s jurisdiction over eco-sensitive areas

In a petition filed by the State of Himachal Pradesh, the petitioners to set aside the impugned order dated 29-07-2019, the Division Bench of Vivek Singh Thakur and Bipin Chander Negi*, JJ., opined that the principles of sustainable development, precautionary principle and polluter pays had been embedded as a bedrock of environmental jurisprudence under National Green Tribunal Act, 2010 (‘NGT Act’). Therefore, whenever the environment and ecology were being jeopardized, the Tribunal could apply Section 20 of the NGT Act for taking restorative measures in the interest of the environment. Therefore, the Court opined that the expansion of the jurisdiction to deal with haphazard, unplanned and unsustainable area in question was within the Tribunal’s jurisdiction. Read more

Parties cannot invoke Order 26 Rule 9 of CPC and call upon Court to generate evidence for them: Himachal Pradesh High Court

In a petition filed under Article 227 of the Constitution to challenge the order dated 17-04-2019, Ajay Mohan Goel, J.*, opined that for specific allegation made by the petitioner, he had to stand on his own legs by adducing independent and reliable evidence and he could not invoke the provisions of Order 26, Rule 9 of the CPC and call upon the Court to generate evidence for him. Thus, the Court opined that the petitioner could not be permitted to call upon the Court by way of appointment of a Local Commissioner to create evidence to prove his allegation that the said suit land was encroached upon by the respondent. Read more


J&K and Ladakh HC modifies a 5-year-old Trial Court order restraining a man from opening the windows of his house

In the instant dispute, the respondent had raised the following objection to the petitioner constructing his house — the windows sought to be opened by the petitioner towards the property of the respondent would infringe on their privacy sloping roof of the petitioner’s house has the direction towards the respondents’ house would result in the snow cascading down into the property of the respondents. Position of drainpipes in a manner that the water would flow on to the property of the respondents and thereby weaken the soil. Read more

Maternity Leave by a bank employee, whether during probation or otherwise, does not result in break in service; J&K and Ladakh HC clarifies

While considering the instant petitions wherein they challenged the decision of Jammu and Kashmir Bank in treating the period of maternity leave availed of by the petitioners as “Break in Service”, as result whereof, they have been declared ineligible to participate in the process of promotion to the level of Assistant Manager Cadre; the Bench of Sanjeev Kumar, J.*, clarified that availing of leave of whatever kind due, including maternity leave by an employee of the Bank, whether during probation or otherwise, does not result in break in service. It was further stated that a person on leave duly sanctioned by the competent authority shall be deemed to be in actual regular service of the Bank. The Court further clarified that ‘Residency’ i.e. actual length of regular service does not mean the only such service during which an employee is on active duty. Read more


Karnataka HC “bends the arc of justice” in favour of a Chartered Accountancy student who had pursued multiple courses; Directs ICAI to grant membership.

While considering the instant petition challenging the impugned order communicated by Institute of Chartered Accountants of India (ICAI) denying membership to the petitioner to practice as a Chartered Accountant and thus sought a consequential direction to the ICAI to register the petitioner as a Member; the Bench of M. Nagaprasanna, J., quashed the impugned order and issued the writ of Mandamus to ICAI to consider the membership of the petitioner in view of the Court’s observations. Expressing its surprise, the Court had observed that it was perplexing that the ICAI wanted to stifle the career of a student, who has pursued multiple courses and gained such acumen to practice as a Chartered Accountant. The Court further observed that it would be helpful to the ICAI and the Society, if a student has extra acumen, rather than just chartered accountantship. The Court thus “bent the arc of justice” for the petitioner (student) and directed the ICAI to grant the membership. Read more


Madras HC remands patent application on ‘Aluminum Trihydrate Particles’ for reconsideration; finds Controller’s order unreasoned

In an appeal filed against the order rejecting the grant of patent and set aside the same and consequently direct grant of the patent in respect of the appellant’s application Senthilkumar Ramamoorthy, J. while setting aside the impugned order, said that it is unsustainable and remanded the matter for reconsideration on the following terms: To preclude the possibility of pre-determination, an officer other than the officer who issued the impugned order shall undertake such re-consideration. After providing a reasonable opportunity to the appellant, a reasoned decision shall be issued within a period of three months from the date of receipt of a copy of this order. Read more

Madras HC injuncts Nirlon Kitchenware from infringing and passing off Prestige’s lid from its Svachh series of pressure cookers

In a plaint filed under Order IV Rule 1 of the Original Side Rules and Order VII Rules 1 of Civil Procedure Code, 1908 (‘CPC’), read with Section 11 and 22 of the Designs Act, 2000, read with Proviso 1 to Section 7 of the Commercial Courts Act against infringement and passing off the Prestige Pressure Cooker’s design, Abdul Quddhose, J., has granted the following reliefs: A permanent injunction prohibiting Nirlon Kitchenware and his agents, from manufacturing, selling, offering for sale, exporting, advertising, pressure cookers in any size or variation that bear the contested designs, or any other design considered fraudulent or an obvious imitation of the Prestige design. A permanent injunction restraining Nirlon Kitchenware and his agents in any manner passing off and enabling others to pass off their pressure cookers as and for Prestige’s Svachh Pressure cookers. Nirlon Kitchenware was directed to surrender to Prestige for destruction, all moulds, blocks, dyes, brochures, and all other materials used for the manufacture and marketing of Pressure cookers which are identical to or imitation of Prestige’s’ registered design. A preliminary decree was granted in favour of Prestige by directing Nirlon Kitchenware to render account of profits made by imitation of the Prestige’s registered design. Nirlon Kitchenware was also directed to pay the cost of the suit. Read more

Controller failed to identify basis for concluding non-disclosure: Madras HC directs to proceed application for grant of patent

In a civil miscellaneous appeal filed under Section 117-A of the Patents Act, 1970, set aside the impugned order of the Assistant Controller of Patents & Designs and hold that the claimed invention in the present case is patentable under Section 2(1) (ja) of the Act; and to direct the Controller to grant the patent, Senthilkumar Ramamoorthy, J. while setting aside the impugned order, directed that the Application be proceeded to grant patent based on claims 1-2. Read more


Orissa HC grants Rs 10 lakhs compensation to family of a minor who died of dogs attack

In a Public Interest Litigation (‘PIL’) filed by an advocate under Articles 226 and 227 of the Constitution of India over the death of a child due to an attack from street dogs sought directions to check and control the roaming dogs within human inhabitants and protect human lives and award a compensation of Rs. 10 lakhs to the family of the deceased child. A Division Bench of Acting Chief Justice Dr. B.R. Sarangi* and Murahari Sri Raman, J., allowed the petition and directed the defendant to pay Rs. ten lakhs as compensation to the father of the deceased. Read more

S. 205 CrPC | Magistrate must not act arbitrarily and be circumspect while deciding personal attendance of a Doctor: Orissa HC

In a Criminal Appeal filed under Section 14-A(2) of the Schedule Caste/Scheduled Tribe (Prevention of Atrocities) (‘SC & ST’) Act, 1989, read with Section 482 of the Code of Criminal Procedure (‘CrPC’) challenging the order passed by the Special Judge whereby, the accused person’s petition under Section 205 of CrPC to dispense her from personal appearance in the case was rejected, S. K. Sahoo, J. allowed the appeal and found that the Trial Court’s reasons for rejecting the petition under Section 205 of the CrPC was invalid. Consequently the accused was exempted from personal appearance. Read more


Sanction required under Section 197 CrPC for criminal complaint against Police Officer: Punjab and Haryana HC

In a petition filed under Section 482 of Criminal Procedure Code, 1973 (‘CrPC’) seeking quashment of criminal complaint against police official for commission of offences punishable under Sections 176, 177, 181, 191, 192 & 193 of the Penal Code, 1860 (‘IPC’), in a matter pending before the Court of Chief Judicial Magistrate, Deepak Gupta, J. Read more

Being accompanied by ED officials amounts to illegal restraint if accused is formally arrested the next day: Punjab and Haryana High Court

In twin writ petitions challenging remand orders by the Trial Court and seeking release from judicial custody, Division Bench of Sureshwar Thakur* and Sudeepti Sharma, JJ. noted that the accused purportedly ‘accompanied by ED officials on 27-10-2023′ was illegal restraint by the officials of Directorate of Enforcement (‘ED’). Read more


Patna High Court quashes case against Navjot Singh Sidhu for cautioning people of Muslim community about dividing their votes

The present application was filed for quashing the FIR dated 16-04-2019, instituted for the offences punishable under Section 188 of the Penal Code, 1860 (‘IPC’) and Sections 123(3) and 125 of the Representation of People Act, 1951 (‘RP Act’) and the case was presently pending in the Court of ACJM, Katihar. Sandeep Kumar, J.*, opined that petitioner’s statement did not depict any communal tension and violence and it had only cautioned the people of Muslim community about dividing their votes by Owaisi and therefore, the allegation that petitioner was demanding votes on the name of religion was false. The Court opined that the offences as alleged under Section 188 of the IPC and Sections 125(3) and 125 of the RP Act were not made out and the entire prosecution of petitioner was illegal. The order taking cognizance 12-10-2020 and the issuance of summons were also quashed. Read more


Granting repeated adjournments in routine manner affects judicial system; Rajasthan HC directs Revenue Courts to adjudicate old cases on priority

In a petition filed by the petitioners seeking expeditious disposal of a case which was pending for more than forty-three years, Anoop Kumar Dhand, J., directed Court of Sub-Divisional Officer (‘SDO’), Reni, District Alwar to decide the pending suit expeditiously as early as possible and not beyond the period of six months from the date of receipt of certified copy of the present order. The proceedings of the suit would be expedited on day-to-day basis, without entertaining the unnecessary request of either side to defer the proceedings or hearing to a future date. Further, the Court directed all subordinate Revenue Courts to take up all the oldest cases pending for last more than five to ten years, under the category of ‘oldest cases’ and decide the same expeditiously. All the Revenue Officers were also directed to instruct the staff concerned to keep the old files in red file covers for easy identification and to write the order-sheets of the oldest files in their own handwriting and not by the staff or court master. Read more

Rajasthan HC directs its Registry and Family Courts to respect privacy of parties in matrimonial disputes by ensuring their identities are not disclosed

In a petition filed by the petitioner-father, a custodian parent against the respondent-mother, a non-custodian parent, Arun Monga J.*, opined that for the want of professional expertise, and also, in view of the current adamance to the contrary, neither this Court, nor the Family Court was in the position of passing any fruitful and implementable order forcing the children to meet their mother. Thus, the Court set aside the impugned order dated 30-05-2023 and directed the father that to protect the children’s emotional and psychological interests, he should take his sons to a psychologist on Saturday of every weekend for counselling for one hour about the role and importance of both the parents in their life. The Court addressed the certain privacy concerns that arose out of the matter in this kind and stated that the Registry of this Court as well as the Family Courts in the State of Rajasthan to be cautious in future to ensure that they must respect the privacy of the parties in matrimonial disputes by ensuring that their identities were not disclosed and the name of the parties were shown as XX v. YY or otherwise, the same were masked. The Registry was directed to issue an appropriate circular to the Family Courts to strictly carry out the compliance thereof. Read more


Telangana High Court directs State to permit women members of Akhbari Sect of Shia Muslim to offer prayers in Ibadat Khana

A petition was filed under Article 226 of the Constitution praying that respondents’ action in not permitting women members of Akhbari Sect of Shia Muslims for conducting Majlis, Jashans and other religious prayers in Ibadat Khana, situated in Darulshifa, Hyderabad, be declared as illegal, arbitrary, and violative of Articles 14 and 25 of the Constitution. Nagesh Bheemapaka, J., opined that when Waqf Board permitted Shia Muslim women to enter prayer halls, it was not known why they had prohibited Akhbari Sect of the same community to enter Ibadat Khana. Thus, the Court passed an interim order directing respondents to forthwith permit women members of Akhbari Sect of Shia Muslim for conducting Majlis, Jashans and other religious prayers in Ibadat Khana. Read more

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