High Courts Archives

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

Case Briefs High Courts

Calcutta High Court sets aside medical negligence charges on finding ‘palpable wrongs in the adjudication process’

The Calcutta High Court observed that the benchmark for determining negligence in professional cases is the ‘reasonable standard’, fixed by the law of averages.

Case Briefs High Courts

Unspent healthcare budget prompts Bombay High Court to direct State to ensure spending sanctioned budget

“After sanctioning the amount, if it is not used, the same gets lapsed at the cost of the health care system.”

Case Briefs High Courts

‘Howrah unit qualifies as small enterprise under MSMED Act’; Calcutta High Court directs issuance of Eligibility-cum-Registration Certificate under W.B. Incentive Scheme, 2013

The definition of a “new industrial unit” does not require manufacturing new items; it applies when an existing unit sets up a branch in a different location.

Case Briefs High Courts

Karnataka HC “bends the arc of justice” in favour of a Chartered Accountancy student who had pursued multiple courses; Directs ICAI to grant membership

The High Court expressed its surprise that ICAI wanted to stifle the career of a student who had pursued multiple courses. The Court stated, “It would be helpful to the ICAI and the Society, if a student has extra acumen”.

Case Briefs High Courts

Can MSMED Act have an overriding effect over Arbitration and Conciliation Act and agreement between parties? Allahabad HC answers

“The parties to an arbitration have an autonomy to decide not only on the procedural law to be followed, but also on the substantive law”

Case Briefs High Courts

Patent Office to pass orders after concluding oral hearings within reasonable period that cannot go beyond 3-6 months: Delhi High Court

“The timelines prescribed in the Patents Act, 1970 and the Patent Rules, 2003 reflect the Legislature’s intention to ensure that no unnecessary delays are caused in the process of grant of patents.”

Case Briefs High Courts

Controller failed to identify basis for concluding non-disclosure: Madras HC directs to proceed application for grant of patent

Madras High Court said that the appellants have given complete specifications which also capture the results of the evaluation of the claimed invention against the parameters of penetration, nutrient permeability and root penetration test.

Case Briefs High Courts

S. 205 CrPC | Magistrate must not act arbitrarily and be circumspect while deciding personal attendance of a Doctor: Orissa HC

“The Court has a bounden duty to balance the mandate of the law and requirements of general public and then decide the fate of a petition filed under Section 205 of the CrPC especially when the applicant is a public servant, more particularly, the Government servants who are enjoined with a duty to safeguard the lives and health of people.”

Case Briefs High Courts

Words of common English usage, even when put together to form phrase of common English usage, cannot be registered as trade mark: Delhi High Court

“Commonly used words, or a non-distinctive combination of commonly used words, cannot be monopolised by any one person, so as to disentitle the rest of the world to the use thereof.”

Case Briefs High Courts

Telangana High Court directs State to permit women members of Akhbari Sect of Shia Muslim to offer prayers in Ibadat Khana

“Except during a particular period which is given as the ‘rest period’ for women by the nature itself, there is no bar against women to offer prayers.”

Case Briefs High Courts

Karnataka HC issues directions for immediate medical examination of rape victims to ascertain pregnancy and provision of counselling on available options

Taking note of the procedure and trauma involved for sexual assault victims and their families, the High Court issued these directions to ensure timely detection of pregnancies and a proper counselling regarding the victim’s physical and mental health.

Case Briefs High Courts

‘Doctors are referred as “next to God”; Delhi High Court refuses bail to neurosurgeon at Safdarjung Hospital relating to medical equipment conspiracy

“The petitioner was the mastermind of the criminal conspiracy, whereas the co-accused, who have been enlarged on bail, are merely middlemen who assisted the petitioner in carrying out the conspiracy.”

Case Briefs High Courts

Children’s room in District Courts must be kept open for visitation on Sundays and Second Saturdays as well: Delhi High Court

“If the children’s room remain open, a party to a litigation can have the benefit of visitation on Sundays and second Saturdays as well.”

Case Briefs High Courts

‘Right to property is a constitutional right under Article 300-A’; Calcutta High Court grants Compensation for land utilisation without due process

Calcutta High Court acknowledged the delay but emphasised that delay cannot deprive an individual of legitimate claims arising from expropriation.

Case Briefs High Courts

‘Just looking like a wow!’; Delhi High Court grants injunction in favour of Body Cupid Private Limited for its ‘WOW’ mark

The plaintiff’s case is that it uses the brand ‘WOW’ for many products, including supplements, herbal blends, creams, serums, lotions, shampoos, bath & body products, essential oils, etc.

Case Briefs High Courts

Sale of re-possessed vehicles is subject to charge of VAT: Delhi High Court reiterates

“It is erroneous to suggest that the sale of goods is not chargeable to tax under the Delhi Value Added Tax Act, 2004, if there is no increase or accretion in the value of goods by the dealer.”