High Courts Archives

Delhi HC rejects Sameer Wankhede’s defamation suit against Netflix web series Ba***ds of Bollywood for want of jurisdiction

“An unqualified application of Section 19… would defeat the object of the provision, and open the door to forum shopping, libel tourism, and luxury litigation.”

police encounter routine firing at accused's leg

Case Briefs High Courts

Police encounters, firing at accused’s leg become routine to please superior officers: Allahabad High Court seeks explanation from ACS and DGP

“Although this Court recognizes that police personnel also have the right of private defense and may use force in appropriate circumstances, it is well settled that where death occurs or grievous injuries are caused to the accused, the procedure mandated by the Supreme Court must be strictly followed.”

Case Briefs High Courts

Rajasthan High Court grants bail to accused in POCSO case where victim allegedly eloped willingly

In the case at hand, it is evident from the Medical Ossification Report that the victim’s age is between 16-18 years.

Case Briefs High Courts

Delhi High Court restrains counterfeiters from infringing ‘Happi Planet’ trademark; directs Amazon, Flipkart, Meesho to take down fake listings

The dispute arose from the plaintiff’s allegation that Defendants 1 to 7 were engaged in the large-scale sale of counterfeit and sub-standard home care products bearing the trademark “Happi Planet” and copying the plaintiff’s distinctive packaging and trade dress.

Case Briefs High Courts

Marriage in law, not in substance: Delhi HC waives one-year bar under Section 14 HMA for couple who never cohabited

“Insisting upon continuation of a marriage which exists only in law, and not in substance, would amount to compelling the parties to endure a relationship devoid of any matrimonial foundation, thereby causing avoidable hardship rather than advancing the object of the statute.”

Case Briefs High Courts

Tenants’ right to timely redevelopment prevails over developer’s commercial interests: Bombay High Court

“The society and its members cannot be made to wait endlessly for the developer to take necessary steps in the redevelopment process.”

Case Briefs High Courts

Delhi HC restrains ex-employee posting videos defaming ‘Physics Wallah’; orders takedown of disparaging content

“Disparagement through misleading and/or abusive statements, constitutes an unlawful interference in other party’s commercial goodwill and is actionable in law.”

Case Briefs High Courts

Public Convenience over Hawking Rights: Provisional COVs do not allow permanent vending or encroachments, rules Del HC

“There ought to be free space for movement of the public. Beautification and development of the area is also required, so that the passengers and tourists can enjoy a comfortable experience while visiting a bus stand or the nearby railway station.”

Case Briefs High Courts

‘Vapo’ is descriptive and publici juris: Madras High Court rejects Vicks Vaporub’s claim of deceptive similarity with VAPORIN

“The term VAPO is merely an abbreviation of the word vapour and it is descriptive and common to the trade and nobody can claim exclusive right to use any abbreviation, which has become publici juris.”

Case Briefs High Courts

No bar for couple with one child to opt for IVF, rules Punjab and Haryana High Court

“The primary purpose of the Assisted Reproductive Technology (Regulation) Act, 2021 is to regulate and supervise the Assisted Reproductive Technology clinics and banks, so as to prevent their misuse and avoid unsafe and unethical practices.”

Case Briefs High Courts

Calcutta High Court rules no deficiency of service where service rendered free of charge; Sets aside consumer fora orders

The principal grievance of the farmers was that both the bank and the Jute Corporation of India were deficient in service, inasmuch as the bank did not sell the pledged jute goods in time to recover its dues and JCI did not purchase the goods under the Minimum Support Price scheme, thereby causing loss to the farmers.

Case Briefs High Courts

Madras High Court: Denial of maternity leave for third pregnancy unsustainable; State directed to extend benefits

“The respondents have not understood the principle underlying in those orders and that repeatedly rejecting the plea of employees seeking maternity benefits for third pregnancy is an agonizing fact.”

lawyers on strike over working Saturdays

Case Briefs High Courts

Rajasthan HC recalls Rs. 1 Lakh fine of man languishing in jail despite release order; Calls out advocates on strikes over working Saturdays

“When lawyers boycott the Courts, it directly violates the rights of the litigants to speedy justice, as guaranteed under Article 21 of the Constitution.”

Tribunal decide disputes from inter-connected agreements

Case Briefs High Courts

Bombay HC constitutes common Arbitral Tribunal for deciding for disputes arising from all inter-connected Essar-Narayan contracts

“A common reference to the Arbitral Tribunal for resolution of disputes and differences arising out of all such agreements and contracts was requested by the respondent which was agreed upon by the applicant.”

humane approach compassionate appointments

Case Briefs High Courts

Orissa High Court: Denial of Head Constable post to dependent spouse of disabled combatant unjustified; humane approach mandated in compassionate appointments

“A society, which does not hold the Defence Personnel in high esteem, will do disservice to itself, inasmuch as its own security will be at stake, if those who guard it are not regarded.”

Case Briefs High Courts

Delhi HC restrains “SettlementGuru” from using Bajaj Finance trademark and inducing loan defaults through social media

“Since the trademarks of the plaintiff are registered, the balance of convenience is tilted in favour of the plaintiff and in case, ex-parte ad-interim injunction is not granted, the reputation and goodwill of the petitioner may be injured.”

Case Briefs High Courts

Karnataka High Court denies bail to man accused of terrorist activities financed through Cryptocurrency from online handler

“Accused 4 was actively involved in conducting reconnaissance and arson activities in and around Mangaluru. It has been established that he received funds through Cryptocurrency from online handler affiliated with the terrorist outfit and these funds were subsequently utilized to carry out the terrorist activities.”

removal of disability data from online records

Case Briefs High Courts

No Policy, No Redaction: Delhi HC dismisses disabled professor’s petition to remove disability data from online records

The petitioner argued that his disability details should be removed from online records under the right to be forgotten, claiming the disclosure caused stigma, discrimination, and violation of his privacy and dignity.

Case Briefs High Courts

Advocate is not client’s mere mouthpiece; should refrain from accepting frivolous briefs: Allahabad HC dismisses petition challenging DRT Registrar’s notice

“The Court repetitively requested the learned Counsel for the petitioner to refrain from wasting the time of the Court and to raise his pleas before the DRT where the securitisation application is pending but due to his insistence, the Court had to decide the petition by this detailed judgment, which has resulted in unwarranted wastage of the precious time of the Court, which could have been utilized for deciding some other matter.”

Case Briefs High Courts

Child’s Welfare over Father’s financial capacity: Chhattisgarh HC denies custody to Father Living with Second Wife without Divorce

“This Court cannot be oblivious of the future aspect that there is no certainty that the child will get better love, affection, and good atmosphere from his step-mother, in comparison to what he has been receiving from his mother since birth.”