High Courts Archives

Two employees on same post? Rajasthan High Court directs AVVNL to issue fresh transfer order amid conflicting interim orders

The Court opined that the impugned orders resulted in a situation where the Department has been forced to continue with two employees on the same post and this situation cannot be permitted to be continued.

Case Briefs High Courts

If dispute is arbitrable and arbitration clause exists, Courts ought to refer dispute to arbitration under S. 8 of A&C Act, 1996: Gauhati HC

In the present case, Clause 12 of the partnership deed indicated that the Partnership Act, 1932 and its Rules shall cover only those aspects not specifically mentioned in the deed.

Case Briefs High Courts

‘Nominated Authority let its claim get extinguished without protest’; Delhi High Court refuses to interfere with judgment in favour of OCL Iron and Steel Ltd.

‘As per the ‘clean slate’ principle — to get a fresh breath, the successful Resolution Applicant is permitted to proceed in resurrecting the ‘on-going concern’ and no surprise claims are flung upon it, lest the effort of revitalizing and restarting the Corporate Debtor are wasted.’

Case Briefs High Courts

CWC’s orders must prioritize child’s best interests over personal moral values; Kerala High Court grants custody of infant to breastfeeding mother

“Judged by moral standards of the CWC members, the petitioner may not be a good person, but that does not make her a bad mother.”

Case Briefs High Courts

Delhi High Court grants injunction in favor of Yahoo Inc. against trademark infringement by ‘YAAHOO!’ Mouth Freshener

Yahoo Inc.’s investigation revealed that the defendant was producing a mouth freshener under the name “YAAHOO! Mouth Freshener.” that closely resembled the established trademark “YAHOO!”, leading to allegations of trademark infringement and passing off.

Case Briefs High Courts

Calcutta High Court stays suspension and expulsion orders issued by R.G. Kar Medical College Council

The petitioners are aggrieved by an order dated 05-10-2024, passed by the Special College Council Members of R.G. Kar Medical College and Hospital, alleging that they have been arbitrarily subjected to suspension and expulsion.

Case Briefs High Courts

Disability suffered by Army personnel could be attributed to service conditions; Delhi HC refuses to interfere with AFT order

‘The Medical Board Proceedings acknowledged that the posting of the army personnel involved severe/exceptional stress and strain’

Case Briefs High Courts

Maternity Benefits Act takes precedence over contractual conditions for contractual employees: Madras High Court

Madras High Court affirmed that the NRHM Nurses are eligible for maternity leave of 270 days with pay as per the Maternity Benefits Act, 1961

Case Briefs High Courts

Bombay High Court declares ‘Girnar’ as a well-known trade mark in relation to tea

The trade mark/label mark ‘Girnar’ surpasses the scope of merely encompassing products/services sold or rendered under the said trade mark and the recognition, reputation, and goodwill of plaintiff-Girnar Food & Beverages Pvt. Ltd. in its trade mark extended beyond any specific class of goods or services.

Case Briefs High Courts

‘Protection of environment is inseparable part of Right to Life’; Rajasthan High Court takes Suo Moto cognizance on encroachment of water bodies

“Water is an invaluable and precious natural resource essential for the survival of all living beings. We cannot imagine life without water. Let it be animals, plants, they require water to complete their daily metabolic activity.”

Case Briefs High Courts

2017 Mandsaur Firing | MP High Court rejects PIL to table Justice Jain Commission Report before MP legislative assembly after 6-7 yrs delay

The Justice Jain Commission Report pertains to the 2017 Mandsaur farmers’ protest, during which police action resulted in five deaths and several injuries.

Case Briefs High Courts

Delhi High Court directs Ethiopian Airlines to release Rs 2,75,000 as compensation for missing baggage of NRI passenger

A complaint was filed by an NRI passenger who booked a business-class ticket with Ethiopian Airlines for a non-stop flight from Nigeria to India and upon landing in Delhi, he discovered that one of his bags, containing important documents and valuables, was missing.

Case Briefs High Courts

Delhi High Court impleads non-signatories as ‘veritable parties’ in arbitration proceedings for having substantial involvement in fulfilling terms of MoS

‘If the non-signatory’s actions align with the signatories, it could reasonably lead the signatories to believe that the non-signatory was a veritable party to the contract containing the arbitration clause.’

Case Briefs High Courts

Delhi HC directs Union to grant retrospective seniority to CRPF Inspector who regained SHAPE-I Medical Category after being temporarily unfit

‘The Standing Order issued by the Director General, CRPF makes it evident that medical category SHAPE-I is an essential condition for promotion of all combatised personnel in all groups, ranks, and cadres in the Central Armed Police Forces.’

Case Briefs High Courts

Delhi High Court grants permanent injunction to Sporta Technologies, ruling against ‘Dream11’ logo infringement

The impugned mark, “DREAM11”, is clearly used as the domain name of the defendant’s website and its logo. The description of the defendant’s platform as contained on its website reveals that its services are identical to those of Sporta Technologies.

Case Briefs High Courts

Madras HC issues interim injunction against Annamalai Digital prohibiting defamatory publications about former Army personnel until next hearing

Madras High Court also directed the Media house to remove and delete the defamatory article published against the former army personnel.

Case Briefs High Courts

Mere allegations of close association with terrorist gang without specific evidence is insufficient; Jharkhand HC grants bail to UAPA accused

Mere presence of the antecedents will not lead to a presumption about the active involvement of the accused in any activity, without any material proof in support.

Case Briefs High Courts

Delhi High Court upholds power allocation between Madhya Pradesh and Chhattisgarh under MP Reorganisation Act, 2000

The allocation of Central sector power based on consumption requirements has been adjusted to account for the resources already available to the State. There is no unreasonableness or illegality in such an approach, so as to warrant interference of the Court.

Case Briefs High Courts

Illegal and immoral transaction like bribe does not constitute legally enforceable liability; cannot give rise to criminal liability under NI Act: Punjab and Haryana HC

The appellant has himself unequivocally admitted during his cross-examination before the Trial Court that the cheque amount was paid as a bribe to the respondent for securing Government employment in the Punjab Police by certain job aspirants.

Case Briefs High Courts

‘Office Memorandum cannot supersede Recruitment Rules’; Delhi HC upholds CAT’s ruling that the Additional CIT (NFSG) post is a promotional position

‘It was undisputed that the respondents would be entitled to the benefit of Note 1 below Rule 7(4) of Schedule II to the Indian Revenue Service Rules, 2015.’