High Courts Archives

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.

Case Briefs High Courts

Delhi HC refuses to quash FIR against persons accused of kidnapping a child despite settlement between parties, says ‘such settlements raise ethical and legal concerns’

“One has to appreciate and imagine the trauma, stress, the agony of the child, who was only three years of age, that she would have gone through after being kidnapped by the kidnappers from the lawful guardianship of her parents.”

Case Briefs High Courts

[Trade mark infringement] Madras High Court directs Registrar to notify the mark ‘Royal Enfield’ in register of well-known marks

Madras High Court said that in respect of the motorcycle industry, the trade mark ‘Royal Enfield’ is well-known, not only in India, but also in abroad. Their annual reports also prove that their turnover runs into several hundreds of crores of rupees and they have carved a niche for themselves in the motorcycle industry.

Case Briefs High Courts

Filing of petition cannot be non est, if the defects raised were procedural and curable: Delhi High Court

“Even if the Registry declines registration, the Court has ample power to condone the delay in re-filing. This power has to be exercised liberally although cautiously to avoid delay by an unscrupulous litigant.”

Case Briefs High Courts

Online frauds erode people’s trust in online transactions, discourage newcomers into entering digital realm; Delhi HC refuses to grant bail to a man accused of cyber-crime fraud

“Sensitised to the plight of unsuspecting individuals who fall victim to deceptive mobile applications, the Courts have the responsibility to address the grievances of those who, in their pursuit of technology, end up being defrauded of their hard-earned money.”

Case Briefs High Courts

Delhi High Court restrains Lt Governor from conducting Cyclothon and Walkathon in Eco-Sensitive Zone of Asola Bhatti Wildlife Sanctuary

Conducting of an event like this has all the trappings of it turning out to be a misadventure as the location of the animals are unknown, their area of movement is not isolated, the certainty regarding number and species are guesswork and there appears to be no plan in place.

Case Briefs High Courts

Vigilance Committee should be cautious while conducting enquiry for granting or cancelling community certificate; Madras HC remands matter for reasoned order

Madras High Court said that the grant of community certificate or cancellation of community certificate would have a larger repercussion and will affect the future generation of the family

Case Briefs High Courts

Delhi High Court grants permanent injunction to CNN News Channel for mark ‘CNN’ in relation to news services

“The aspect of likelihood of confusion has to be examined from the perspective of the consumer of average intelligence and imperfect recollection.”

Case Briefs High Courts

[Section 29A of IBC] Disqualification of promotors applying for resolution plan not applicable to MSMEs: Supreme Court

Supreme Court observed that the law laid in Digambar Anandrao Pingle (supra) by NCLAT was not correct, and that the date of submission of resolution plan has to be the cut off date.

Case Briefs High Courts

Punjab and Haryana High Court issues directions for Investigating Officers adding or deleting offences under UAPA Act in the FIR

“The mechanical and perfunctory manner of inclusion of offences under the UAPA Act, in the petition FIR, does ultimately cause deep trauma, upon the minds of the bail petitioners.”

Case Briefs High Courts

Constitutionality of Section 15(5) of the CGST Act and other provisions challenged; Bombay High Court issues notice

Bomby High Court issued notice to the Attorney General regarding challenge to the provisions of Section 15(5) of the CGST Act, 2017 being unconstitutional and violative of Articles 246A and 366(12) of the Constitution of India.

Case Briefs High Courts

Calcutta High Court upholds right to challenge non-arbitrability in landlord-tenant dispute; sets asides Arbitral Award

Applying Section 3 of the West Bengal Premises Tenancy Act, 1956, the Calcutta High Court determined that the dispute is governed by the tenancy act.

Case Briefs High Courts

SARFAESI Act does apply to fishing vessels; Co-operative Banks have discretion to choose recovery methods: Calcutta High Court

“Definition analysis of ‘vessel’ includes fishing vessels under the Merchant Shipping Act, triggering Section 31(d) exemption.”

Case Briefs High Courts

Section 43(4) of Arbitration and Conciliation Act, 1996 does not create new window after expiry of limitation: Calcutta High Court

“The limitation for filing an application will start to run from the day when the cause of action accrues regardless of the existence of an arbitration clause.”

Case Briefs High Courts

No bar which can restrict landlord from beneficial enjoyment of his property: Allahabad HC upholds order directing tenant to vacate premises

“A tenant or the Court cannot direct the landlord how and in what manner he should live/ arrange affairs. There is no bar which can restrict a landlord from beneficial enjoyment of his own property”

Case Briefs High Courts

Over-crowding of emergency wards must be circumvented to make best medical assistance available to critical patients: Delhi High Court

“The Court took cognizance of the necessity to upgrade and enhance the overall infrastructure facilities in the government hospitals, in particularly the emergency wards.”

Case Briefs High Courts

Merely because wife is earning, does not automatically operate as absolute bar for awarding maintenance: Delhi High Court

“Maintenance pendente lite/permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The phrase “sufficient for her or his support” has to be interpreted to mean that applicant is able to maintain with reasonable comfort and standard of living which applicant was accustomed in matrimonial home.”

Case Briefs High Courts

Madras HC directs Registrar to cancel trade mark registration granted to Khoday breweries for ‘Red and White’, being similar to well-known mark of Godfrey Phillips

“once it is concluded that the earlier trade mark is a well-known trade mark, the registration of an identical or similar trade mark is not permitted if the use of the later mark without due cause would take unfair advantage of or be detrimental to the distinctive character or reputation of the earlier trade mark”