High Courts Archives

[THINKBOOK v THINBOOK ] Lenovo’s THINK family of marks declared distinctive; Madras HC directs removal of infringing ‘THINBOOK’ Mark

Lenovo has satisfied the requirements of Section 57 of the Trade Marks Act for cancelling RPD Workstations trade mark ‘THINBOOK’.

Case Briefs High Courts

Jharkhand HC directs to conduct monthly medical camps for elderly prisoners/inmates to provide necessary medical aid

The issues of the under-trial prisoners or inmates in judicial custody, are required to be medically examined, particularly, the old age inmates where the likelihood of the issue of Cataract, Diabetes, Blood Pressure and other old age ailments are likely to grief such inmates.

Case Briefs High Courts

Delhi High Court directs State to ensure safety and security of Amandeep Singh Batra after he received death threats

The Court expected the State to ensure adequate protection of the fundamental rights of Amandeep Singh Batra, including his right to life and liberty.

Case Briefs High Courts

‘Misogynistic, sexist, archaic’: Kerala HC quashes Family Court order denying custody to mother stating she is of loose morals, cites several flaws

“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”

Case Briefs High Courts

MTP Act | Rajasthan High Court directs registration of Suo Motu case to address Reproductive Rights Awareness & Legislative Reforms

“The willingness of a victim to do away with unwanted pregnancy which is outcome of she having been ravished/sexually assaulted/subjected to illicit intercourse is a relevant factor to guide her reproductive choice.”

Case Briefs High Courts

Delhi High Court quashes departmental proceedings against CRPF personnel while denying rejection of his request for voluntary retirement

The Court directed for the CRPF personnel to be considered as having proceeded on voluntary retirement w.e.f. 30-06-2021.

Case Briefs High Courts

Rajasthan High Court refers issue of shifting Rape/POCSO Act Convicts from Jail to Open Air Camp to Larger Bench

The Court asserted that Judicial discipline requires coordinate benches to follow earlier decisions or refer the matter to a larger bench if there is disagreement.

Case Briefs High Courts

‘Proxy litigation in India to satisfy personal spite cannot be allowed, when disputes are settled abroad’: P&H HC highlights disturbing trend in matrimonial disputes by foreign nationals

The Court stated that it is baffling that FIR propped up in India, especially considering that the wife has never pursued any criminal complaint against the petitioners in India or in Australia in eight years of marriage.

Case Briefs High Courts

Kerala High Court quashes domestic violence case filed by mother-in-law against parents of daughter-in-law for lack of domestic relationship

“When the proceedings under the DV Act are found to be an abuse of process of Court, in order to secure the ends of justice and to save the parties being put into a frivolous litigation, the High Court must exercise its power under Section 482 of CrPC or under Section 528 of BNSS, otherwise abuse of process of Court would not be addressed or prevented”.

Case Briefs High Courts

Gauhati High Court permits minor victim of Gang Rape to terminate 26-week pregnancy

Comparing the present situation with the risk that the victim may undergo at the time of delivery at full term of pregnancy, the risk factor appears to be same at the present stage as well as the risk that would be involved at the time of delivery at full term of pregnancy.

Case Briefs High Courts

‘Men have pride and dignity too’: Kerala HC grants bail to actor-director Balachandra Menon in 2007 sexual assault case

“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”

Case Briefs High Courts

Andhra Pradesh High Court grants anticipatory bail to Ram Gopal Varma in criminal defamation case for objectionable posts on ‘X’ (Twitter)

The Court directed that the petitioner shall cooperate with the investigation as and when required for the purpose of investigation.

Case Briefs High Courts

‘Union expected to be more careful while giving reasons to candidates for not being appointed’: Delhi High Court

‘Being careful while giving reasons to candidates for which they have not been appointed would help in avoiding such litigation which entails cost for candidates who may not be able to afford it.’

Case Briefs High Courts

Purpose of Zero FIR under BNSS is to ensure victims can file complaints regardless of jurisdiction: Kerala HC directs Magistrate to reconsider DBS Bank application to register FIR

“Under Section 173(1) of BNSS, the police cannot refuse to register an FIR on the ground of “not having territorial jurisdiction” over the offence for the reason that some part of the offence was committed outside the local jurisdiction of that concerned police station.”

Case Briefs High Courts

Bombay HC imposes Rs 25000 cost on Educational Institution clerk who attempted to hoodwink the Court by correcting his date of birth

The Sub-Divisional Officer, Miraj passed an order thereby correcting petitioner’s date of birth and therefore, the District Collector, Sangli was directed to issue notice to the Sub-Divisional Officer, Tasgaon, asking for an explanation, as to how he could record the date of birth as 02-06-1972.

Case Briefs High Courts

‘Matters casting financial liabilities or penal consequences cannot be kept pending for years’; Delhi High Court quashes decade long delayed show cause notices

A statutory authority when faced with such a challenge would be obligated to prove that it was either impracticable to proceed or it was constricted by factors beyond its control which prevented it from moving with reasonable expedition.

Case Briefs High Courts

‘Compulsory retirement not a punishment, does not have any stigma attached to it’; Chhattisgarh HC upholds compulsory retirement of a 50-year-old man

As per Annual Confidential Reports, the petitioner’s overall grade was average or below average. Since, the petitioner completed 50 years of age, this decision of compulsory retirement could have been taken by the State authorities. The un-communicated adverse remarks cannot be made a basis to disturb the finding recorded by the competent authority.

Case Briefs High Courts

‘Nikah-Nama should be issued in a language widely known to society’; Rajasthan High Court directs State to issue guidelines for bilingual Nikah-Namas

“Marriage, as we all know is an important sacrament and is considered as a sign of cohabitation between a male and a female which is acceptable in the civil society and is valid in the eyes of law.”

Case Briefs High Courts

Writ petition against administrative authority cannot be dismissed as ‘non-maintainable’ merely on ground of existence of alternative remedy: Kerala HC

There is a difference between entertainability and maintainability of a writ petition. Powers under Article 226 of the Constitution of India can be exercised in restricted circumstances and within well-defined parameters, even if there exists an alternate remedy.

Case Briefs High Courts

Rajasthan High Court allows father’s Habeas Corpus plea; directs child’s return to US rather than facing illegal migrant status in India

The Child status as an illegal migrant in India post-visa expiration posed legal and social constraints, making his welfare better served in the U.S., where he enjoys full rights as a citizen.