High Courts Archives

Delhi HC restrains South Infosys Limited from using mark ‘INFOSYS’ in its corporate/trade name

The Court restrained Southern Infosys Limited from using the mark ‘INFOSYS’ as part of their corporate/trade name or in any other manner amounting to infringement of the Plaintiff’s trademarks.

Case Briefs High Courts

Calcutta High Court grants immunity to Swiss Tourist under Foreigners Act for ‘Absence of Stamp in Good Faith’

During investigation no such mala fide intention of the petitioner transpired, save and except that the Passport was bereft of arrival stamp. Section 15 of the Foreigners Act, 1946, which provides immunity for actions done in good faith, applied in this case.

Case Briefs High Courts

[NDPS Act] Mere filing of charge-sheet neither a ground nor has persuasive value to grant bail: Tripura High Court

The Court opined that materials available on records do not suggest that there are reasonable grounds to believe that respondent is not guilty of committing the offences under Sections 20(b)(ii)(C), 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Case Briefs High Courts

Bombay HC discontinues ex-parte injunction granted to ATYATI against alleged device mark infringement by COGNIZANT

The Court opined that had the plaintiff disclosed the facts, about the knowledge of the date of usage of the logo, then the ad interim relief without notice would not have been granted to the plaintiff. Even otherwise, the Court opined that the plaintiff had suppressed the material facts.

Case Briefs High Courts

Constitutional Courts cannot fix timeframe to decide genuineness/voluntariness of resignation tendered by Legislative Assembly members: Himachal Pradesh HC

The Speaker is an officer of the State Legislative Assembly, who presides and represents the House for all intents and purposes. Allegations of mala fide and arbitrary action, made against him cannot be accepted considering the high status of the office in a parliamentary system of democracy.

Case Briefs High Courts

‘Enough grounds to demonstrate that urgent relief was contemplated’; Bombay HC dismisses application seeking rejection of plaint on non-compliance of S.12A of Commercial Courts Act

“If the plaintiff is found to have indulged in deception or falsity by use of clever drafting, only to create an illusion of urgent interim belief, the Court would insist upon compliance with the mandatory requirement of pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015.”

Case Briefs High Courts

“Once a statute provides for detention under specific contingency, a person can’t be detained under another contingency”: J&K and Ladakh HC

The Court pointed out that the petitioner could have been detained only under Section 8 (1)(a-1) of the PSA and not under Section 8(1)(a) of the PSA, as both the clauses (a) and (a-1) operate in different fields

Case Briefs High Courts

‘State of Bihar is neither a far flung or remote area nor out of mainstream of national life’; Patna HC sets aside 2023 Amendment Acts increasing reservation for SCs, STs, and Backward Classes to 65%

The Court noted that after the collection of data for Caste survey, there was a frog leap into the amendment enhancing the reservations beyond 50%, which was on proportionate representation in the services of the State and educational institutions, which was clearly not permissible under Articles 15(4) and 16(4).

Case Briefs High Courts

Calcutta High Court dismisses PIL against Kolkata Metro Construction around Maidan Area; Upholds Validity of Environmental Permissions

All the submissions made by the petitioner appears to be based on apprehension as their writ petition is fully founded on the information secured from the newspapers.

Case Briefs High Courts

[PM Modi Fake Video Case] Delhi Court declares arrest of Congress Social Media Coordinator Illegal; Grants Bail

The Delhi Court found that no proper notice under Section 41A of the Code of Criminal Procedure was served upon the accused.

Case Briefs High Courts

Bombay HC transfers attempt to murder case from Pune Police to CID in the interests of proper investigation and complete justice

The Court reiterated that “investigation is the exclusive privilege and prerogative of the police which cannot be interfered with. But if the police does not perform its statutory duty in accordance with law or is remiss in the performance of its duty, the court cannot abdicate its duties on the precocious plea that investigation is the exclusive prerogative of the police.”

Case Briefs High Courts

Calcutta High Court approves settlement between Dabur and Dhruv Rathee to remove all references to ‘Real’ juices in YouTube video

The Calcutta High Court, in a previous order, requested the parties to consider resolving the dispute by blurring out or removing fruit juice packets deceptively similar to Dabur’s ‘Real’ fruit juice from the impugned video.

Case Briefs High Courts

Executing Court must ascertain stamp duty payment issue before enforcement of Arbitral Award: MP High Court

The Court held that unilateral appointment of the Arbitrator without the petitioner’s consent could render the award void under Section 34 of the Arbitration and Conciliation Act, 1996

Case Briefs High Courts

Breath analyzer report not conclusive proof of consumption of alcohol: Patna High Court

Consumption of alcohol can only be ascertained by way of blood and urine test by a person suspected to have consumed alcohol.

Case Briefs High Courts

Orissa HC upholds OSEPA merit list for recruitment of Schematic Junior Teachers; holds Clause 8.3 of Resolution for district wise draft merit list violative of Art. 14 & 16

“It is settled law that a recruiting agency for recruitment to a public post is under obligation to strictly follow the terms of advertisement if it lays down a procedure for selection as well as a statutory rules, if any, governing such recruitment/selection process.”

Case Briefs High Courts

Allahabad HC quashes criminal proceedings against all 28 accused of violating Covid guidelines and chanting anti-police slogans while holding candle march in 2021

“Though the charge sheet is filed after due investigation without prior permission of the Court and that the Magistrate has accepted the charge sheet and taken the cognizance, it does not mean that permission is granted by the Magistrate to investigate such non-cognizable offence.”

Case Briefs High Courts

Kshetriya Shri Gandhi Ashram not State under Art. 12 of Constitution: Allahabad High Court

“Kshetriya Shri Gandhi Ashram is a regional body. Its parent body is the Shri Gandhi Ashram, Lucknow. There is no statute regulating the functioning of society or providing the State and its Officers with control over their affairs.”

Case Briefs High Courts

Delhi High Court quashes FIR against Delhi Prisons employee following News Nation’s ‘Kala Pani’ Broadcast allegations

“The case of the prosecution is that News Nation, a TV news channel operation titled ‘Kala Pani’ allegedly showing some of the employees of Delhi Prisons interacting with reporters. Some of the employees allegedly accepting bribe money for extending favours inmates contrary to the Delhi Prisons Rules.”

Case Briefs High Courts

Punjab and Haryana HC directs Child Welfare Committee to conduct enquiry on minor’s safety who ran from her home on being allegedly forced to marry old man

The Court stated that the Senior Superintendent of Police, Ferozepur should take appropriate steps regarding the threat perception to the minor and her friend and to ensure that the minor, her friend and his family members were protected from the physical harm by minor’s family member.

Case Briefs High Courts

‘Hajis can only be provided services by registered operator’; Delhi HC upholds blacklisting of AL Islam Tours to operate as Haj Group Operator

The Court stated that the appellant ought not to have engaged itself in any kind of activity related to Haj (including ancillary services) without being registered as a Haj Group Operator.