High Courts Archives

Eviction under Senior Citizens Act invalid when no maintenance sought: Bombay High Court

The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used for summary property disputes.

Nescafe Premix is ‘Instant Coffee’, taxable at 8%, not 16%: Bombay High Court

The Court held that Nescafe Premix is classifiable under Entry C-II-3 and not under the general Entry C-II-18(2) of the Bombay Sales Tax Act, 1959.

canned Pineapple fruit cocktail not 'Fresh Fruits'

Case Briefs High Courts

Canned Pineapple Slices, tidbits and fruit cocktail not ‘Fresh Fruits’, not exempted from Tax: Bombay High Court

“In interpreting items in statutes whose primary object is to raise revenue and for which purpose they classify diverse products, articles and substances, resort should be had not to the scientific and technical meaning of the terms or expressions used, but to their popular meaning.”

Case Briefs High Courts

Plea challenging Rahul Gandhi’s win in Lok Sabha elections dismissed – Here’s what Allahabad High Court held

“The moment a higher court stays a conviction, the anathema of conviction goes out of the window and the person against whom such conviction is stayed, though not absolved, cannot be stated to be a convicted person.”

CCI power to probe anti-competitive practices

Case Briefs High Courts

‘CCI has power to address menace of anti-competitive practices’; Kerala HC dismisses JioStar’s appeal against CCI probe

CCI has jurisdiction to investigate allegations of abuse of dominant position in the broadcasting market, irrespective of TRAI’s regulatory framework.

prior relationship no defence for objectionable posts

Case Briefs High Courts

Bombay HC: Prior relationship or lending money not a license for Objectionable Posts; Conduct may amount to ‘outraging modesty’ & ‘stalking’

“Even assuming the married lady had some relation prior to her marriage with the applicant, and that the applicant had lent money to her on assurance of marriage, that cannot be construed as giving a license to the applicant to post objectionable post over the social site.”

No fundamental right to use loudspeakers

Case Briefs High Courts

‘Use of loudspeaker for religious practice ≠ Fundamental Right’; Bombay HC takes suo moto cognizance of recurring noise pollution in Nagpur

“No religion prescribes that prayers should be performed by disturbing the peace of others nor does it preach that they should be through voice amplifiers or beating of drums.”

Case Briefs High Courts

Failure to record findings on provisional specification vitiates Patent rejection order: Madras HC

The Court ordered reconsideration of a herbicidal composition patent application.

Case Briefs High Courts

Delhi HC orders cancellation of copyright registration of edible oil brand ‘NIOP NIWAI’

“Copyright protection is granted to an artistic work under the Act, only if the said work meets the threshold of originality.”

Case Briefs High Courts

Bombay High Court grants bail to Bhima Koregaon accused Hany Babu after prolonged incarceration of 5 years

“Prolonged incarceration without trial amounts to infringement of right of an accused enshrined under Article 21 of the Constitution of India.”

Case Briefs High Courts

Madras High Court reaffirms Thengalai sect’s exclusive ritual rights at Sri Devaraja Swamy Temple in Kancheepuram

“Only the Southern Cult residents of Kancheepuram are entitled to Adhiapaka Mirasi. Northern Cult members may join only as ordinary worshippers.”

Case Briefs High Courts

Legal heirs of landowners not entitled to project affected persons quota; Future recruitment permitted only if eligibility criteria met: Bombay High Court

“The petitioner claiming appointment on the basis of grandfather’s land being acquired almost 45 years back and claiming to be a project affected persons was contrary to the advertisement.”

Case Briefs High Courts

Kerala High Court’s comprehensive directions for crowd management at Sabarimala during Mandala-Makaravilakku festival

The directions are to be complied in letter, spirit, and execution, as they are indispensable to regulating the inbound flow of pilgrims and paramount for safeguarding the life, health and safety of every devotee visiting Sannidhanam and the Sanctity of the Holy Temple.

Case Briefs High Courts

‘Present machinery can’t handle traditional cybercrimes, AI/ Deep fake challenges’: Inside Rajasthan High Court’s detailed directions to curb cybercrimes

In a case pertaining to cyberfraud of Rs. 2,02,00,000 through digital arrest, the High Court issued sweeping directions to Additional Chief Secretary, Home, Director General of Police , Director General, State Crime Record Bureau and Cyber for issuance of necessary notifications, circulars, standard operating procedure etc., to handle the issue of rising cybercrime in State of Rajasthan.

Case Briefs High Courts

Bombay HC upholds rejection of interim injunction in ‘Mahalaxmi’ trademark dispute case; imposes ₹10,000/- cost

The Court opined that a party seeking interim injunction in a passing-off action must produce concrete evidence of use, goodwill, and business turnover.

advocacy not bound by years of experience

Case Briefs High Courts

Art of advocacy is not bound by years of experience: Rajasthan High Court dismisses Challenge to AAG’s Appointment

“The years of experience, of course, may have its own importance for the purpose of assessing the knowledge of an individual. However, for the purpose of litigation, a person who may be having vast knowledge like professor of law, may not be suitable to argue cases in the Court.”

Case Briefs High Courts

Inside Delhi HC interim injunction to actor Ajay Devgan in Personality Rights case

“Ajay Devgan’s status as a sought-after brand ambassador, and a personality with millions of followers across social media platforms demonstrates the strong public association uniquely tied to his identity and his reputation among the Indian populace not limited to his fans.”

Case Briefs High Courts

Delhi HC reprimands lawyer appearing in Court with mouth taped in protest

The lawyer had taped his mouth symbolizing that he had been stopped during his arguments in previous hearings of the matter.

Case Briefs High Courts

Revisional authority cannot reject condonation of delay application merely because matter reserved for orders: Bombay High Court

“The revisional authority ought to have examined whether sufficient cause existed. Instead, it declined to consider the application merely on a technical ground.”

Case Briefs High Courts

Status quo order cannot hinder flood mitigation; Eco Park and ponds conceived in larger public interest: Madras High Court

“It is necessary to reiterate the grave concerns surrounding air pollution and AQI levels, the reduction of which forms a central part of the rationale behind the Eco Park, since air pollution today is not merely an environmental issue, it has become a public health emergency.”