High Courts Archives

Rajasthan High Court puts end on resident doctors’ strike recognising impact on medical services in State

The Court urged the Resident Doctors to call-off their strike and request their fellow doctors to rejoin their duties and the same is accepted by the doctors representing JARD.

Case Briefs High Courts

Bombay HC grants interim injunction in favour of Sketchers in trade mark infringement case against Wardrode

The adoption of plaintiffs’ trade marks and plaintiffs’ artistic works in relation to the impugned goods by defendants is dishonest.

Case Briefs High Courts

Husband’s second marriage causes emotional distress, amounting to cruelty; Madras High Court upholds compensation to Muslim wife

Madras High Court emphasised that the process of talaq requires strict adherence to established procedures. If the husband asserts that he has divorced his first wife by properly pronouncing talaq three times, but the wife disputes this, it raises the critical question of whether the marriage has been validly dissolved.

Case Briefs High Courts

Madras High Court directs State to bar practice of Siddha Medicine by Tamil University Diploma holders

“It appears that 576 students have received the Diploma Course certificates from the Tamil University, during the Academic Year 2007-08. Though the certificates are said to have been issued with an endorsement ‘not for practice’ and an undertaking was also obtained by the University, in reality, it is not known as to how far it is being followed by the respective certificate holders.”

Case Briefs High Courts

Pending departmental inquiry is not a ground to deny Fundamental Right to travel abroad under Article 21: Rajasthan High Court

“This Court is required to draw a balance between the right of the petitioner to travel abroad and also the right of the department to duly proceed with the enquiry against the petitioner.”

Case Briefs High Courts

Delhi High Court dismisses contempt proceedings by GAIL India Limited recognizing reasonable efforts amid insolvency challenges

Delhi High Court observed that the contempt proceedings against the respondents lacked legal foundation, as they were not parties to the original petitions instituted by the consortium companies.

Case Briefs High Courts

‘Right to Dignity under Article 21 includes fulfilling marital vows taken during marriage’; Rajasthan High Court grants bail

“Petitioner is a person with family ties and is not a flight risk. Nature of prosecution evidence is mostly all documentary in nature, which has been seized and there is no likelihood of tempering with the same.”

Case Briefs High Courts

‘Right to live with dignity under Article 21 encompasses father’s right to attend son’s wedding’; Rajasthan High Court grants bail

“Right to life does not mean mere right to exist but to live with dignity. Such a right cannot be and ought not be curtailed on the ground that petitioner father’s is an accused in pending cases.”

Case Briefs High Courts

CrPC bars review power under Sections 362 & 397(3); Rajasthan High Court dismisses petition as de facto review attempt

The Court held that the petition was effectively a review in disguise, which is barred under Section 362 CrPC and cannot be entertained.

Case Briefs High Courts

Delhi High Court grants bail to Vaibhav & Ankush Jain in high-profile Money Laundering case linked to AAP leader Satyender Jain

Both the applicants have been released once on interim bail and during that period no incident has been alleged by the respondent to have occurred wherein the applicants have tried to tamper with evidence or influence witnesses.

Case Briefs High Courts

‘Adverse remarks against government servants have deleterious impact on their careers’; Delhi HC obliterates adverse observations against ED in Trial Court’s order

‘The law is clear that custody of an accused can be sought even after filing of a chargesheet or complaint.’

Case Briefs High Courts

‘Animals are paying a penalty for negligent behaviour of humans’; Delhi HC directs Municipal Authorities and Forest Department to shift monkeys from Delhi

‘If Delhi wants to be a world class city — we all must behave like world class citizens and the civic agencies must become more proactive in setting world class ethics.’

Case Briefs High Courts

‘Faceless framework was established to reduce direct human interaction in assessments’; Delhi High Court dismisses petition to quash reassessment notices for being issued by JAO

‘The Legislature recognized that while strict procedural compliance is fundamental to maintain fairness in assessment process, an inflexible adherence to procedure could inadvertently lead to administrative bottlenecks and a surge in litigation.’

Case Briefs High Courts

Bombay HC quashes FIR against Go Air’s former MD/CEO allegedly involved in sending confidential information in emails

Petitioner’s emails are related to preparation for briefings and presentations and have information about Engines and meetings with the Airbus. Further, emails that are forwarded to his attorney in Austria after resignation, seek legal advice on the issue, relating to his exit from the company and has no concern with the Company’s information.

Case Briefs High Courts

Delhi High Court refuses to interfere in TGTE’s Plea for impleadment in LTTE Tribunal proceedings under UAPA

The petitioner claimed to be the Prime Minister of a trans-national government of Tamil Eelam and the impact of allowing such a person to intervene in UAPA proceedings, not being a member of the LTTE or an office bearer of the LTTE, is far reaching.

Case Briefs High Courts

Delhi High Court grants injunction in favor of New Balance Athletics against local shoe company for trademark infringement

The present suit seeks a permanent injunction against trademark infringement, passing off, and unfair competition arising from the sale of footwear featuring marks that are nearly identical or deceptively similar to the plaintiff’s established N Device and 550 marks.

Case Briefs High Courts

Bar under S.77 of U.P. Revenue Code is not applicable due to no change in Bhumidhari Rights; Allahabad HC upholds State’s use of land for water tank and RCC centre

“Whenever even a very small part of an area, reserved for a public purpose, is used for other public purpose, the Gram Sabha concerned, and officials of State will take endeavour to make out a larger consensus amongst the villagers so that they may not approach this Court to oppose the public cause”

Case Briefs High Courts

Delhi High Court examines legitimacy of GST Show Cause Notices issued against Metal One Corporation, Sony India Limited and others

The Court held that the proceedings initiated in terms of the impugned SCNs and their continuance would be futile and impractical. The impugned SCNs are essentially rendered impotent and would serve no practical purpose.

Case Briefs High Courts

Seizing phone and SIM card essential for forensic examination; Madras HC orders priority review of accused’s phone and future consideration for return

“The data available in the mobile phone has to be converted and thereafter forensic examination of digital evidence has to be made. Hence, the seizure of the phone along with sim card was important as encrypted files are available in the phone. For this reason, the phone was seized, and now sent for forensic examination after obtaining permission from Trial Court.”

Case Briefs High Courts

Bombay HC directs State to constitute committee to prevent misuse of public funds for advertising

Article 144 of the Constitution provides that all authorities, civil and judicial, in the territory of India shall act in the aid of the Supreme Court.