High Courts Archives

‘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.”

Case Briefs High Courts

‘Does not constitute infringement of trade mark’; Delhi HC sets aside order restraining Booking.com from using ‘MakeMyTrip’ as keyword on Google Ads Program

“Use of trade marks as keywords cannot, by any stretch, be construed as applying the registered trade mark to any material intended to be used for labelling or packing goods, as a business paper, or for advertising goods or services.”

Case Briefs High Courts

Benefit of Probation of Offenders Act, 1958 cannot be granted in offence involving rash and negligent driving: Himachal Pradesh High Court

“The applicant submitted that he has deep roots in the society. He is a government servant and he should be given a chance to reform himself.”

Case Briefs High Courts

Delhi HC temporarily restrains Cornerstone Sport and Entertainment Pvt Ltd. from playing copyrighted songs of Phonographic Performance Limited

“Failure to grant such injunction is bound to result in continued infringement of copyright. Accordingly, the principles of balance of convenience and irreparable loss would also justify grant of interim injunction as sought.”

Case Briefs High Courts

Transgression of reasonable restrictions on freedom of speech and expression may lead to disastrous consequences: Bombay High Court

“Discipline is the hallmark of any employee/workman when he is required to conduct himself as a workman.”

Case Briefs High Courts

‘Puma cats and lion belong to same family, Felidae’; Delhi HC cancels ‘leaping lion’ mark of Gajari Online Services Pvt. Ltd in rectification petition filed by PUMA

“The continued use of the impugned mark will affect the purity of the registered trade mark as the same is likely to cause deception and confusion, in terms of Section 11(2) and 11(3) of the Trade Marks Act, 1999.”

Case Briefs High Courts

Calcutta High Court decides technical eligibility criteria and joint venture value assessment in Railway tender dispute

Calcutta High Court emphasised on the principle of judicial restraint in interpreting tender documents and rejected claims of mala fides without specific pleadings.

Case Briefs High Courts

Strict obedience required towards disclosure of criminal antecedents by anyone seeking employment in disciplined forces: Delhi High Court

“When the petitioner was issued provisional appointment letter, it was mentioned that his appointment was provisional and if his claim in the Verification Roll was found to be false, his services would be terminated. However, the petitioner took these warnings nonchalantly.”

Case Briefs High Courts

‘Inheritance rights and authority restricted to deceased testatrix’s footsteps’; Calcutta High Court’s major relief to Lodhas in Priyamvada Birla Will Case

In the instant matter, the Calcutta High Court delivered its final judgment, clarifying the rights of Mr. H.V. Lodha in the operating companies, bringing an end to this complex and protracted legal saga.

Case Briefs High Courts

Trial will have to begin de novo when case is committed by Magistrate to Court of Session: Delhi High Court

“When a case is committed by the Court of Magistrate to the Court of Session, the Magistrate becomes functus officio and any evidence recorded therein cannot be held to be admissible for the purposes of a de novo trial before the committal Court.”

Case Briefs High Courts

Himachal Pradesh High Court quashes FIR against man accused of offence under POCSO to preserve happy, peaceful married life of accused and victim

“Though justice has got to be administered in accordance with the law enacted by the Legislature. The concept of justice is elastic and is imperceptible. There can be no hard and fast line constricting the power of the High Courts to do substantial justice.”

Case Briefs High Courts

Delhi High Court| Tata Sons shall cease to use ‘XPERT’ as trademark but use EXPERT in a non-trademark sense in a descriptive manner for its detergent product

The grievance of RSPL Limited is the use of the mark EXPERT and depiction of the partial clock on the detergent packaging of the defendants as also the use of the word expert and use of the elongated X and DX.

Case Briefs High Courts

Punjab and Haryana HC| Former MDI Director neither entitled to lien on Professor’s post nor back wages

Punjab and Haryana High Court clarified that right to lien is provided to employees of government/statutory bodies as per applicable rules, and the same was not a fundamental right to be read in every employment.

Case Briefs High Courts

Tender alterations after bid submission arbitrary and violative of Article 14: Calcutta High Court

Respondent authorities are instructed to proceed with the tender process based on the original tender document.

Case Briefs High Courts

Protection from marital rape continues in case where wife is 18 years old or more: Allahabad HC acquits husband under S. 377 IPC

The Court remarked that in the proposed Bhartiya Nyay Sanhita which is likely to replace IPC, no provision like Section 377 IPC is included therein

Case Briefs High Courts

Regional Provident Fund Commissioner has no authority to revoke exemption for Jute Mill under Employees’ Provident Funds Act, 1952: Calcutta High Court

Calcutta High Court emphasised that the appropriate Government has not cancelled or amended the terms of the exemption under Section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952.

Case Briefs High Courts

Calcutta High Court affirms conviction under Section 138 of NI Act; upholds Lower Courts’ findings on Part Payment Evidence

Calcutta High Court upheld the lower courts’ conclusion regarding the unreliability of Exhibit A and Exhibit B as the petitioners’ defense did not raise a reasonable doubt.

Case Briefs High Courts

Revisional Court has jurisdiction to take suo motu cognizance of intermediate orders under Sec 397 CrPC: Madhya Pradesh HC

“Section 131 of the Income Tax Act allows the income tax authority to investigate and inquire about property, cash, or valuables obtained during an investigation by other law enforcement agencies, even if no income tax case was pending and the authority can conduct an inquiry to ensure that the appropriate income tax has been paid on the possessions.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to Banyan Tree Holdings Ltd. for mark ‘ANGSANA’ in relation to hospitality services, spa

“Spa services have a requirement for high quality, best hygiene, safety/security of customers and if unauthorized use of plaintiff’s mark ‘ANGSANA’ is permitted to be used, the same will result in severe erosion of its goodwill.”