High Courts Archives

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.”

Case Briefs High Courts

Partner cannot be held liable for abetment to suicide, if lover commits suicide due to failed love affair : Chhattisgarh High Court

“For the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed as having abetted his committing suicide.”

Case Briefs High Courts

Delhi High Court issues comprehensive guidelines and directions for timely investigation of missing minor children

The present case confronts the situation where the father of the minor child had fortunately found his daughter who came back to the fold of his lawful guardianship, but not without facing hardships and stress as he did not know the progress of the case.

Case Briefs High Courts

Punjab and Haryana HC allows for production of electronic records as evidence for upholding free and fair trial under S. 91 of CrPC

“The High Court balanced the right to privacy of police officials with the accused’s right to a fair trial, emphasizing that accessing electronic records crucial for defence did not compromise the former unduly.“

Case Briefs High Courts

Know why Bombay High Court quashed charges against wife who allegedly assaulted husband with broom, bit his hand

Bombay High Court was of the view that “continuation of criminal proceedings against the petitioner would be tantamount to abuse of process of law.”

Case Briefs High Courts

Solid waste management activities are exempted from payment of tax under Bihar Goods and Services Tax Act, 2017: Patna High Court

“The Appellate Authority had allowed the appeal in the case of a different assessee, who had been carrying on the very same work of solid waste disposal in the very same Municipality.”

Case Briefs High Courts

‘NewsClick has a lot to answer’; Delhi High Court dismisses its plea for stay on income tax demand

“NewsClick’s plea of financial stringency based on its balance-sheet inspires no confidence as according to the Assessing Officer the accounts have not been properly maintained.”

Case Briefs High Courts

[INIMOX v IMOX] Madras High Court directs mark “INIMOX” to be registered only for products intended for veterinary use and not for human use

“Be it in infringement or passing off actions, or in the context of an application for registration and objections being raised on relative grounds – the visual, phonetic and structural similarity between the later and earlier marks will, as in all cases, play a significant role.”

Case Briefs High Courts

‘Not innocent adopters, but conscious imitators of Johnson & Johnson’s mark ‘ORSL’; Delhi High Court restrains usage of ‘OSRI’ mark for electrolyte drinks

“Defendants’ act of adopting mark which is structurally and visually nearly identical to that of plaintiff along with a trade dress which is also imitative of that of plaintiff, indicates that defendants have strained every nerve to come as close to plaintiff as possible.”

Case Briefs High Courts

Delhi High Court sets aside IPAB order disenfranchising Yashoda Super Speciality Hospital trademark on ground of violation of principles of natural justice

Yashoda Super Speciality Hospital & Heart Institute happens to be one of the leading hospitals in Ghaziabad.

Case Briefs High Courts

Calcutta High Court dismisses petitions seeking appointment as primary teachers due to document verification failure

Calcutta High Court held that the petitioners, having failed to satisfy the appointing authority, could not claim a right to appointment.

Case Briefs High Courts

Woman can be ‘Karta’ of Hindu Undivided Family; societal perceptions cannot be reason to deny rights expressly conferred by legislature: Delhi High Court

“Experience has shown that any culture or practice that is ingrained in the society is bound to face some apprehension and resistance by the society when systemic changes are made to it. But with passage of time, it becomes a tool of social change.”

Case Briefs High Courts

Delhi High Court declares ‘BURGER KING’ as a well-known trade mark

“Defendants are free to use trade mark “BURGER EMPEROR”/and other “BURGER EMPEROR”/ formative marks and logo/device .”

Case Briefs High Courts

Reservation is not required to be provided while appointing Law Officers by Government: Madras High Court

The relationship between the government and the Law Officer is purely a professional relationship and not that of a master and servant

Case Briefs High Courts

Delhi High Court directs compensation to wife of deceased based on Good Samaritan principle

The Good Samaritan law states that a person who chooses to take steps to aid a person a distress should not be harassed for showing kindness and if in the process the Good Samaritan suffers some injury or fatal consequence, the law must come to his rescue.

Case Briefs High Courts

Delhi High Court grants injunction against Mankind Pharma Limited for infringing Hind Chemical’s ‘SU-MAG’ packaging

The plaintiff’s main product line includes an ointment meant for relief of boils and abrasions famously known as ‘SU-MAG’ and also manufactures ‘MAG-MAG’, ‘CREMOBAR’, ‘COFEX’, ‘GLYCERIN’, ‘SUPPOSITORY’ as well as other ayurvedic products namely ‘Livzon Syrup and Capsule’ and ‘Imminex Syrup and Capsule’.

Case Briefs High Courts

Calcutta High Court dismisses revision considering time lapse and availability of legal recourse under Section 144(5) CrPC

Section 144(5) of the CrPC empowers any Magistrate can rescind or alter an order made under this section.