High Courts Archives

Meghalaya High Court denies relief to 5th semester law student falling short on attendance to take exams citing mandate of law

“Rule 12 of the Rules of Legal Education, 2008 shows that for a student who fails to attend 70% of the classes held in any subject, the Dean or the Principal may allow the student to take the Test, if the student concerned attended at least 65% of the classes held in the subject concerned, and attended 70% of classes on all subjects taken together.”

Case Briefs High Courts

Delhi High Court dismisses Amtek Group promoter’s petition to quash his arrest and remand orders in money laundering case

It is not the petitioner’s case that he was not supplied with the grounds of arrest at the time of the arrest and prior to the remand being sought. The remand application was detailed, and contained, effectively the same set of facts as were stated in the grounds of arrest.

Case Briefs High Courts

Rajasthan High Court clubs multiple FIRs in financial mismanagement allegations against Creative Credit Cooperative Society

“Clubbing of the FIRs will reduce the financial drain on the state exchequer as well as cut down the administrative burden, especially given that all the cases arise out of same or similar cause.”

Case Briefs High Courts

Gujarat HC set aside Tribunal’s order condoning delay of 22 years 8 months for vague & ambiguous reasoning akin to ‘non-speaking order’

The Tribunal in the impugned decision reasoned that- whenever Government for public purpose bifurcates districts, a complex situation arises and on account of the same sometimes issues like the present, escape the notice of the Government authorities therefore, good cause for condoning delay of more than 22 years was made out.

Case Briefs High Courts

‘No mention of accused persons awareness of caste at time of alleged incident; even otherwise remarks not made in public place’: P&H HC quashes SC/ST Act case

In the present case, the complaint remained pending for several years and no application was filed by Respondent 2. Now, no purpose would be served by ordering the prosecution of the accused persons, after a long delay of 14 years, when Respondent 2 and his co-accused have already been convicted in a criminal trial, relating to the same occurrence.

Case Briefs High Courts

Bombay HC restrains Chrome21 India from infringing Hind Rectifiers’s mark ‘HIRECT’; declares ‘HIRECT’ as a well-known trade mark

The rival marks are structurally, phonetically, and visually identical and/or deceptively similar when compared as a whole and the word ‘HIRECT’ is the important, prominent, and essential feature of the plaintiff’s registered mark.

Case Briefs High Courts

[Art. 311(2)(c)] Governor’s sanction without ‘subjective satisfaction’; Manipur HC upholds reinstatement of Sub-Inspector

“The Governor cannot just give assent by just writing “may be approved” without expressing subjective satisfaction as to the recommendation of the Committee of Advisors.”

Case Briefs High Courts

‘Army authorities chose to relieve themselves from onerous obligations’; Punjab and Haryana HC upheld disability pension of a soldier discharged from service on compassionate grounds

Respondent 1 was enrolled in Indian Army and was discharged from service on compassionate grounds. During his service, he incurred the disability of ‘Sensori Neural Hearing Loss B/L-H90′. Respondent 1’s disability element claim was rejected by the Competent Authority on the ground the disability is assessed as less than 20%.

Case Briefs High Courts

‘Individual’s reputation integral part of personality, cannot be unjustly tarnished under guise of freedom of speech’: Delhi HC grants interim relief to Harsh Beniwal

“The video recorded by Defendant 1 is extremely offensive, sexually explicit, foul and filthy utterances were made in the said video by Defendant 1 against the plaintiffs, which per se shocks the conscience of the court.”

Case Briefs High Courts

Bombay HC grants temporary injunction to HDFC Life Insurance against an unknown person who sought to extort money by threatening to leak customer data

The data can be misused for a variety of purposes including for the purpose of impersonating applicant- HDFC Life Insurance Co. Ltd., which will involve infringement of applicant’s registered trade mark and passing off.

Case Briefs High Courts

‘Voluntarily accompanying accused in crowded place; no injury marks on body parts of victim’; Punjab and Haryana HC acquits rape accused in a POCSO case

The Court observed that the victim in her cross-examination had candidly spoken, that there was no talk between her and the accused regarding marriage proposal. Therefore, the sexual intercourse, if any, which occurred between them, is not a sequel of any allurement of marriage.

Case Briefs High Courts

Delhi High Court upholds injunction against Novakind Bio Sciences for infringing Mankind Pharma’s ‘KIND’ trademark

Mankind Pharma used the mark “MANKIND” since 1986 and holds 78 separate trademark registrations covering a variety of pharmaceutical products. The concern arose when Novakind adopted the name “NOVAKIND” for its pharmaceutical products.

Case Briefs High Courts

‘Delivering child in jail will impact both mother and child’; Bombay HC grants bail to a female prisoner who was in her advanced stage of pregnancy

Though applicant-accused can be treated at the Government Hospital for her pregnancy, however, every person, including the prisoner, is entitled to dignity which the situation demanded.

Case Briefs High Courts

Rajasthan High Courts directs police to conduct fair & expeditious investigation against Sarpanch amid political vendetta concerns

“A bare perusal of the FIR revealing commission of cognizable offence and the investigation has to be conducted.”

Case Briefs High Courts

‘Street Dogs pose a menace to the public’: Meghalaya HC directs State to acquire dog shelters for vaccinated and sterilized stray dogs

“There is an absolute need for the Municipal Board to acquire a shelter where these street dogs can be kept.”

Case Briefs High Courts

‘No reason to interfere with dismissal at belated stage, especially when conduct not above board’; P&H HC upholds police constable’s dismissal made in 1995 for relations with extremist group

From the perusal of the reports received from State of West Bengal, it is observed that the petitioner was misusing his official position. The petitioner went to Kolkata without informing his seniors and without getting prior approval. He was posing himself as Gunman of purported President of District Congress Dal, Amritsar.

Case Briefs High Courts

Allahabad High Court acquits seven in 2004 rape and kidnapping case; Raises possibility of victim’s involvement in crime

“The medical evidence on record does not support the allegation made by prosecutrix and there is no other corroboration of the version of the victim.”

Case Briefs High Courts

Delhi High Court allows CISF appointment for candidate facing serious criminal charges pending final outcome

The petitioner has been successful in obtaining employment with the CISF based on his own merit and qualification. In case the petitioner is not allowed to join, subject to the pendency of the criminal case, the petitioner may lose this opportunity for all times to come, and this loss would never be compensated.

Case Briefs High Courts

‘Once decision is made, compensation cannot be arbitrarily reduced below minimum threshold’; Delhi HC directs acid attack victim to be awarded 3 lakhs as compensation

The Court inferred that the minimum compensation amount that was set out for the victim was contradictory to the intended purpose of providing adequate rehabilitation and care to acid attack victims.

Case Briefs High Courts

Bombay HC grants temporary injunction to Metro Brands Ltd. for mark ‘MOCHI’ against mark ‘DESIMOCHI’; declares ‘MOCHI’ as a well-known mark

Every trade mark registration is separate and independent and a disclaimer in one registration cannot be read or imported into another. In comparing marks as a whole, mere addition of a generic prefix by defendant will not negate the actionable similarity between the rival marks where defendants’ mark contains whole of applicant’s mark (particularly the distinctive/leading/memorable/essential feature).