High Courts Archives

‘Failed to comply with Section 15 of Juvenile Justice Act, 2015’: Chhattisgarh HC sets aside the order directing juvenile to be tried as an adult for murder of his parents

The Court opined that there was no detailed report of the assessment made, no document was enclosed along with the report of conducting assessment, procedure adopted, factors assessed, mode of assessment, evaluation of child based on the stages of assessment.

Case Briefs High Courts

Delhi HC dismisses petition challenging auction for operating Janaushadhi Shop at Safdarjung Hospital under Pradhan Mantri Bhartiya Janaushadhi Scheme

The Delhi High Court opined that tendering authority has the power to determine the terms on which tender will be given, unless the terms are not arbitrary and discriminating, the Court cannot scrutinize them.

Case Briefs High Courts

‘Worked on a higher post for more than 14 years’; Delhi HC quashes demand for recovery of differential higher salary paid after demotion

The Delhi High Court directed the respondents to consider releasing petitioner’s terminal benefits by taking into account the higher salary which he was drawing during the 14 years when he was working as a Research Officer.

Case Briefs High Courts

Can charges be altered under S. 216 CrPC, or is it solely a judicial prerogative? Kerala HC answers

“Request for the addition of the charge under section 370 IPC, as it stood prior to 2013, cannot be made at the instance of the prosecution. An addition of charge has to be done by the Court based upon its own satisfaction and not at the behest of any of the parties to the trial”

Case Briefs High Courts

Delhi High Court sets aside Assessment Order passed against Bausch and Lomb for violation of natural justice principles

It is wholly insufficient to proceed to make an addition on the basis that CBIC is an apex body and information provided by it cannot be doubted, without even analyzing such information.

Case Briefs High Courts

[Karim’s v. Karin’s] Delhi High Court rules in favour of Karim’s trademark in infringement suit

“The Defendants have entirely imitated Plaintiff No. 1’s registered trademarks, replicating all aspects such as font of the letters, design of the logo, color scheme, size, style, and placement of letter and the taglines. Both the marks are also used for identical services.”

Case Briefs High Courts

‘Seat of arbitration is the place where arbitral proceedings are anchored’; Delhi High Court rejects petition filed u/s 34 of Arbitration Act

The Delhi High Court says that the seat of the arbitration is to be determined based on arbitral proceedings and not with cause of action for underlying disputes.

Case Briefs High Courts

Advocates not to blindly follow client’s ‘unethical, illegal, or contrary to principles of justice’ instructions: Rajasthan High Court

“Courts should not hesitate in quashing the criminal proceedings which are essentially arising out of civil or commercial disputes between the two parties.”

Case Briefs High Courts

Delhi High Court reverses acquittal of father for sexually assaulting his minor daughter

‘Victim would have thought that she would find monastery in the lap of her father, instead, he turned out to be a monster.’

Case Briefs High Courts

Delhi High Court restrains franchisor to sell poor quality food items under the name of BURGER SINGH after termination of Franchise Agreement

Termination of Franchise Agreement will revoke respondent authorization to operate the franchise outlet, as well as obligating the respondent to cease the use of petitioner’s trademark.

Case Briefs High Courts

[FMGE] Delhi High Court refuses provisional registration as medical practitioner due to criminal case pending for impersonation

The Petitioner is accused of a very serious offence of impersonation. It is the allegation that somebody else appeared on his behalf to take Foreign Medical Graduate Exam (FMGE).

Case Briefs High Courts

Lists of gifts exchanged during marriage should be maintained to avoid allegations of dowry: Allahabad High Court issues directions

Allahabad High Court directed the Chief Secretary of UP to confirm whether Dowry Prohibition Officers had been appointed as required by law, in the absence of which the State Government was directed to justify such non-compliance

Case Briefs High Courts

Insurance Company not liable if owner fails to produce evidence showing verification of driver’s skills before employment: MP High Court

Madhya Pradesh High Court noted that the Motor Vehicle Tribunal applied the principle of pay and recover based on the driver of the offending vehicle not having a valid and effective driving license at the time of the accident.

Case Briefs High Courts

Delhi High Court grants interim injunction in favour of Bulgari S.P.A for its design infringement of Serpenti Necklace by Amaris Flagship

The Court was prima facie satisfied that Amaris Flagship’s impugned “Shield-It Necklace” is visually and structurally similar, with similar colour combinations and placement of elements/ ornamentation, to Bulgari S.P.A.’s “Serpenti Ocean Treasure Necklace”.

Case Briefs High Courts

Andhra Pradesh High Court directs ECI to consider whether pregnant women shall be permitted to cast their vote through postal ballot

Election Commission of India (‘ECI’) submitted that the elections have already been notified and are in progress and therefore, the issue that has been raised by the petitioner in the present petition could be considered for the elections whenever they are conducted in future.

Case Briefs High Courts

MP High Court permits termination of minor rape survivor’s pregnancy despite exceeding 24 weeks gestation

Madhya Pradesh High Court asserted that “permitting for carrying out the pregnancy of a woman who is not in a position to manage herself will be creating great problems to her in future life.”

Case Briefs High Courts

[Baba Tarsem Singh Murder Case] Uttaranchal HC dismisses Former IAS Officer Harbans Singh Chugh’s plea to quash FIR

FIR is not an encyclopedia which must disclose all facts and details relating to the offence reported and mere information is sufficient for investigation.

Case Briefs High Courts

Delhi High Court issues show cause to advocate for writing derogatory comments in chat box during virtual hearing

The petitioner, a practicing advocate, who was expected to maintain decorum placed comments in the chat box during the proceedings via video conferencing against the sitting judge and the proceedings being taken up by the Court.

Case Briefs High Courts

Madras HC directs police to provide security for organization of dance and music events during temple festivals

Madras High Court said that the election process has concluded, and the polling has already taken place. Thus, it asserts that such grounds cannot be deemed acceptable for not permitting the temple festival.

Case Briefs High Courts

Jharkhand HC directs Central Coalfields Limited to constitute Medical Board to determine age of man seeking compassionate appointment on his father’s death

The exclusion of one class of legitimate children from seeking compassionate appointment merely on the ground that the mother of the applicant was a plural wife of the deceased employee would fail to meet the test of a reasonable nexus with the objective sought to be achieved.