High Courts Archives

Delhi High Court grants injunction in favour of Wipro Enterprises Pvt. Ltd. to restrain infringement of trade mark “WIPRO”

Wipro Enterprises Pvt. Ltd. had registered its well-known trade mark “WIPRO” and its formative trade marks in various classes under the Trade Marks Act, 1999.

Case Briefs High Courts

Andhra Pradesh High Court upholds compensation in Motor Accident Case; Dismisses allegations of foul play

For the purpose of awarding compensation, there should be the causal relationship between the use of the motor vehicle and the accident resulting in death or permanent disablement, but the same is not required to be direct and proximate.

Case Briefs High Courts

J&K and Ladakh High Court urges Criminal Courts to “remain sensitive” and avoid “Copy-Paste Syndrome” while deciding Bail matters

“Even a single day’s delay in grant of bail to a person who is otherwise entitled to it amounts to violation of his fundamental right to life and liberty.”

Case Briefs High Courts

Bombay HC grants pension to former MOIL employee who was denied benefit despite being eligible as he had resigned, not superannuated

“Such inter se discrimination between resignation simplicitor (on health grounds) and resignation for joining another CPSE, even though a similar Scheme is not available, in fact is clearly discriminatory, and has no nexus with the object sought to be achieved.”

Case Briefs High Courts

‘Suppression of criminal antecedents & failure to disclose pending FIRs has significant consequences’: Orissa HC upholds cancellation of candidature for Junior Overman post

“The role of a writ court to interfere with the discretionary power of the appointing authority is necessarily limited. This discretion, however, must be exercised judiciously, with due regard to the principles of fairness, proportionality, and the objectives of public service. The authority retains the prerogative to evaluate a candidate’s fitness/ including instances of prior criminal antecedents or suppression of information.”

Case Briefs High Courts

Kerala High Court allows State to acquire Nedumpala estate and Elstone tea estate in Wayanad for rehabilitation of Landslide victims under Disaster Management Act

Disaster Management Act mandates the State Government to take necessary measures for disaster management, which includes both immediate relief and long-term recovery efforts.

Case Briefs High Courts

‘Power to revise penalty after consultation with PSC is on Governor’s discretion’; Sikkim HC upholds order modifying penalty of dismissal from service to compulsory retirement

The Governor’s failure to consult the Commission as envisaged in Rule 10 of Sikkim Government Servants’ (Discipline and Appeal) Rules, 1985, while passing the order modifying the penalty, alone would not change the nature of the case.

Case Briefs High Courts

‘A citizen’s liberty cannot be curtailed on whims and wishes of State officials’; Jharkhand HC sets aside preventive detention order under Jharkhand Control of Crimes Act, 2002

‘Liberty of a citizen of the country must be kept at the highest pedestal and there must be impeccable evidence to curtail the same.’

Case Briefs High Courts

MP High Court issues direction for conducting Competency-Based Evaluation test under Pre-Natal Diagnostic Techniques Rules

The Court ensured that participation in the examination would not interfere with the petitioners’ existing rights.

Case Briefs High Courts

Delhi High Court grants injunction protecting Saregama India’s copyrights in cinematic music

The continuous acts of infringement by Movie World Visual Media Private Limited are resulting in serious reputational loss and undermining the economic interest of Saregama India Limited vis-a-vis other licensees who have acquired proper license for valuable consideration of Saregama’s copyrighted works.

Case Briefs High Courts

Kerala High Court approves ‘Pappanji’ burning for new year celebrations in Kochi; Recommends wider safety barricade around effigy

‘Pappanji’ typically refers to a large effigy, often constructed as part of local New Year or cultural celebrations in Kerala, particularly in places like Kochi. The effigy, often representing an exaggerated figure or caricature, is burned as a symbolic gesture to mark the end of the old year and to usher in the new one.

Case Briefs High Courts

Penalty for delay in filing audit report before assessing authority under IT Act can be avoided by demonstrating reasonable cause: Kerala High Court

“It merits notice that the phraseology used in Section 273B of the IT Act is such that no penalty can be imposed on an assessee under Section 271B for breach of the provisions, if he proves that there was ‘reasonable cause’ for the said failure.”

Case Briefs High Courts

Dispute relating to infringement of copyright against a particular person is arbitrable: Orissa High Court reiterates

The Court relied on Vidya Drolia v. Durga Trading Corpn., (2019) 20 SCC 406., wherein it was held that a claim for infringement of copyright against a particular person is arbitrable, though in some manner the arbitrator would examine the right to copyright, a right in rem.

Case Briefs High Courts

Read why Madras HC granted bail to temple activist Rangarajan Narasimhan in two FIRs relating to video against Deputy CM Udhayanidhi Stalin

“A reading of the complaint does not attract the provisions of Section 75 of BNS or Section 4 of the Prohibition of Harassment of Women Act. Furthermore, as the other offences are bailable, I am inclined to grant bail to the accused with certain conditions.”

Case Briefs High Courts

Bombay HC denies suspension of sentence of 73-year-old man who raped mentally challenged house help

The convict, his wife, and sister-in-law had attempted to convince and pressurise the victim and her mother to not lodge a complaint and get an abortion.

Case Briefs High Courts

‘Misuse of power by Vigilance Bureau’; Punjab and Haryana HC quashes corruption case against Former Food Minister of Punjab, Bharat Bhushan Sharma

“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.

Case Briefs High Courts

Assets and liabilities of public servants not private; Disclosure cannot be completely exempted under S. 8 of RTI Act: Madras High Court

“No doubt, it is true that the assets and liability of a public servant will have to be necessarily disclosed and cannot be shielded from public scrutiny but there should be a reasonable restriction of the same.”

Case Briefs High Courts

‘Objective of Freedom Fighters’ Pension Scheme to honour genuine freedom fighters without harassment or delay’; Orissa HC directs for release of pension to 100-yr-old freedom fighter

The Scheme requires submission of two co-prisoners’ certificates as incarceration proof, however, the petitioner was able to submit only one affidavit from a co-prisoner. The Court accepted the same as sufficient proof of the petitioner’s claim.

Case Briefs High Courts

Court cannot substitute its own view and pass an order which is neither pleaded nor prayed for by the parties: Calcutta High Court

The case relates to Joint Forum of Doctors who approached the police authorities for permission to hold peaceful protest raising certain grievances relating to an unfortunate and barbaric incident of R.G. Kar Medical College and Hospital at the night of 09-08-2024

Case Briefs High Courts

Kerala HC dismisses plea challenging integrity certificate granted to IO over alleged faulty probe in Walayar rape death case; Upholds Decision by Home Secretary

Walayar rape death case was a seven-year-old case relating to the rape and alleged murder of two minor sisters at Walayar