High Courts Archives

Delhi High Court passes John Doe injunction order restraining use of mark WOW MOMO

There are unknown entities holding themselves as authorized franchise agents of Wow Momo Private Limited, whereas it has, in fact, no franchisees.

Case Briefs High Courts

Andhra Pradesh HC acquits man convicted under NDPS Act as negative burden was placed on him to show he did not own the cultivated land

“The criminal liability against the appellant is fastened basing on the so-called version of Accused 1 and 2 which is nothing but confession by exonerating the two accused. The whole approach of the Trial Court in appreciating the evidence on record is not in accordance with law.”

Case Briefs High Courts

Delhi High Court calls the petition filed for claiming property rights on United Province of Agra including Delhi, Gurgaon and Uttarakhand as frivolous; imposes 10,000 as costs

The Petitioner claimed to be the successor and heir of the Beswan family and claims property rights to the Beswan Avibhajya Rajya as its ruler, which consists of United Province of Agra running between river Yamuna and Ganga from Agra to Meerut, Aligarh, Bulandshahr including, 65 revenue estates of Delhi Gurgaon and Uttarakhand.

Case Briefs High Courts

Sanction required under Section 197 CrPC for criminal complaint against Police Officer: Punjab and Haryana HC

It was contended on part of the State that since the complaint was filed by the Court itself, no sanction under Section 197 of CrPC was required.

Case Briefs High Courts

Mental Healthcare Act and Disabilities Act provide for appointment of guardian for people with disabilities, but nothing about person in comatose state: Allahabad HC

Allahabad High Court said that any relative or friend of the person lying in comatose state points out that guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach this Court for issuance of proper direction and for removal of the guardian.

Case Briefs High Courts

Rajasthan HC directs its Registry and Family Courts to respect privacy of parties in matrimonial disputes by ensuring their identities are not disclosed

“To create life and give birth to the child is the God gifted power that lies with the mother. But here is a situation where her own creations or sons are not interested to even meet her, let alone live together.”

Case Briefs High Courts

Calcutta High Court upholds termination of Municipal employees due to procedural lapses in recruitment process

Calcutta High Court detected procedural lapses, including discrepancies in the written exam, absent candidates, and hasty completion of the entire process.

Case Briefs High Courts

‘Boys will be boys’ regrettably normalises stalking, eve-teasing, assault; Rape is Rape, be it by husband’: Gujarat HC while refusing bail to mother-in-law

“The father-in-law and mother-in-law watched the lovemaking moments of her own son and daughter-in-law on the TV screen in their bedroom and that they also compelled their son to take nude videos and photographs of the daughter-in-law and shared it on family WhatsApp group.”

Case Briefs High Courts

Bombay High Court declares ‘ATOMBERG’ as a well known trademark in India

The Plaintiff is a company engaged in manufacturing marketing and selling a wide variety of home appliances, such as ceiling fans, pedestal fans, wall fans, exhaust fans, mixer grinders, smart door locks, and accessories thereof, such as fan remote, fan motor, fan canopy, fan blades, etc. under the trade mark/trade name ATOMBERG since 2012.

Case Briefs High Courts

Insurance Company acts as indemnifier and has no contractual/other relationship with transferee of offending vehicle: Delhi High Court

“The registered owner cannot absolve himself of the liability by contending that he has transferred the offending vehicle to a third person prior to the date of the accident.”

Case Briefs High Courts

Delhi HC directs State to pay revised minimum wages to Tihar Jail prisoner as per order dated 20-04-2023 passed by Office of Commissioner (Labour), Govt. of Delhi

“There is no justification as to why revised minimum wages have been implemented from 14-11-2023 and not from the date when the minimum wages have been increased and implemented in Delhi.”

Case Briefs High Courts

Maternity Leave by a bank employee, whether during probation or otherwise, does not result in break in service; J&K and Ladakh HC clarifies

The High Court was of the view that the respondent Bank’s decision to treat maternity leave as break in service is arbitrary and violates Arts. 14 and 16.

Case Briefs High Courts

Disputes regarding correctness of information provided cannot be adjudicated in proceedings under RTI Act: Delhi High Court

“The CPIO is only required to supply all the information or documents within his access. Whether or not such information as provided by the CPIO under the RTI Act is incorrect in any manner, is not the domain of consideration or determination under the RTI proceedings.”

Case Briefs High Courts

‘Not an original artistic work’; Delhi High Court cancels copyright registration of ‘Arras The Boss’ in a suit by perfume brand ‘Hugo Boss’

“Impugned artistic work is not an original artistic work and primarily consists of mark ‘BOSS’, which does not belong to Respondent 1 and even the colour scheme of petitioner is substantially imitated by Respondent 1, which will supplement the finding that the impugned registration is not an original work.”

Case Briefs High Courts

Parties cannot invoke Order 26 Rule 9 of CPC and call upon Court to generate evidence for them: Himachal Pradesh High Court

“When it is a matter of record that the petitioner had sought amendment in the suit on the ground that during the pendency of the suit, certain part of the suit land stood encroached by the respondent, this pre-supposes that the petitioner was aware of his boundaries.”

Case Briefs High Courts

Being accompanied by ED officials amounts to illegal restraint if accused is formally arrested the next day: Punjab and Haryana High Court

On submission that the accused were ‘coaxed’ to accompany ED officials, Punjab and Haryana High Court concluded that the act was not in pursuance of purported summons issued but an unlawful restraint.

Case Briefs High Courts

Termination without opportunity of being heard violates Article 311(2) mandate: Calcutta High Court

The Calcutta High Court determined that the termination, despite being framed as simpliciter, was based on respondent’s alleged misconduct.

Case Briefs High Courts

[S. 37 Arbitration Act] GNCTD to pay costs to Educomp Solutions; Delhi High Court upholds order

In 2001, the appellant, Director of Education under the aegis of the Directorate of Education created by the Government of NCT of Delhi, floated a tender for the implementation of the Computer Education Project (“CEP-II”) for various government/ government aided Senior Secondary Schools, and Educomp Solutions a provider of technology-based educational products and services was awarded the contract.

Case Briefs High Courts

Madras HC injuncts Nirlon Kitchenware from infringing and passing off Prestige’s lid from its Svachh series of pressure cookers

Madras High Court said that the lids were identical as the design was one and the same and added that the Prestige was in the market of manufacturing pressure cookers for a long time and their trade mark is well known and their turnover was huge

Case Briefs High Courts

Calcutta High Court directs Maulana Abul Kalam Azad University of Technology to renew Calcutta Institute of Science and Management’s Affiliation for 2023-2024

Calcutta High Court held that since the State did not assert any violation, the University had no grounds to deny affiliation based on lease conditions