High Courts Archives

‘To achieve purity in election process in particular’, Karnataka HC directs State Election Commission to issue requisite forms in all State local body elections

“It is pertinent to note that the law relating to disclosure of criminal antecedents of the candidates in the Electoral fray has further marched from April to May and now to the June of life”.

Case Briefs High Courts

Calcutta High Court allows 6 months extension of Arbitral Mandate under Section 29A(4) of the Arbitration and Conciliation Act, 1996

Calcutta High Court emphasized the distinction between vigilant litigants and those contributing to unnecessary delays in the arbitration process, ultimately ruling in favor of the petitioner.

Case Briefs High Courts

‘Call meeting of all Cyber Crime Cells in order to have coordination in dealing with fraudulent transaction cases’, Delhi High Court directs Joint Secretary, MHA

“Whenever any information is requested by the Cyber Crime Cells of police authorities, banks ought to respond to the same in a diligent manner.”

Case Briefs High Courts

Calcutta High Court upholds acquittal under Section 138 of NI Act on failure to prove existence of legally enforceable debt

Calcutta High Court delved into the legalities surrounding the presumption under Section 139 of the Negotiable Instruments Act, 1881, emphasizing that it is a “rebuttable presumption”.

Case Briefs High Courts

Mechanism required to ensure action against unauthorized construction systematic, transparent and even-handed: Delhi High Court

“Several cases are filed in this Court every week in which it is alleged that Municipal Corporation of Delhi has taken no action despite several complaints having been submitted regarding a particular construction.”

Case Briefs High Courts

Whether a Judge who has passed an Order previously is eligible to be nominated as an Arbitrator? – Gujarat HC answers

A mere fact that the nominated Arbitrator had been a member of the Bench of the Court, which had decided the validity of the interim order passed by the then Arbitral Tribunal, it cannot be held that the “Arbitrator has previous involvement in the case”.

Case Briefs High Courts

‘Sale of counterfeits destroys market for genuine goods’; Delhi HC grants Rs. 11 lakhs as damages and costs to Aero Club for its mark ‘WOODLAND’ in trade mark infringement suit

“The infringement conducted by defendant by imitating plaintiff’s mark ‘WOODLAND’ and ‘tree device ’ has been deliberate and calculated.”

Case Briefs High Courts

[Aadhaar Card] Relationship by marriage does not eclipse the right to privacy: Karnataka High Court

“Right to privacy of Aadhaar number holder preserves the autonomy of the individual’s right to privacy which has been conferred primacy and admits of no exception under the statutory scheme”.

Case Briefs High Courts

‘Matter is of serious nature’: Delhi HC orders five agencies to share information to find couple accused of manufacturing and selling counterfeit medical devices

“According to the plaintiff, the defendants’ activities pose a huge threat to human life owing to the defendants’ non-compliance with stringent quality check on the efficacy and safety of the products that has been maintained by the plaintiff.”

Case Briefs High Courts

Kerala High Court acquits parents who disposed of daughter in Arabian Sea, believing her to be lifeless

“There cannot be any doubt to the proposition that the burden to prove the guilt of the accused beyond reasonable doubt is on the prosecution.”

Case Briefs High Courts

Delhi High Court upholds extradition of Indian National accused of murder, to Oman

“The standard of proof in an inquiry in an extradition case is not of the same level as that required in a trial.”

Case Briefs High Courts

Calcutta High Court relaxes restrictions during ‘Rash Utsab’; Balances religious practices and public order

Calcutta High Court acknowledged the need for certain restrictions to maintain law and order during an international event.

Case Briefs High Courts

Decoding Madras HC verdict in PG Medical Seat Scam which denied admission to 28 students selected on merit by CENTAC

Medical profession deals with life of people and any compromise on merit would have a delirious effect

Case Briefs High Courts

‘Lost all rights on expiry of Franchise Agreement’, Delhi HC restrains former franchise holder, Sripati Bhushan Srichandan from using mark ‘BACHPAN’ in relation to play school services

“Defendants are directed to ensure that reference to the mark ‘BACHPAN’, either as a word mark or as a device mark, is removed from all physical and virtual sites on which the mark might be reflected in association with defendants.”

Case Briefs High Courts

Calcutta High Court upholds Special Designated Court’s power to try scheduled as well as other offences under PMLA

Calcutta High Court rejected the arguments regarding the discretionary nature of the provision and upheld the mandatory language of Section 44(1)(c) of the Prevention of Money Laundering Act, 2002.

Case Briefs High Courts

No mandate under CrPC for witness to appear before Court only when summoned; Andhra Pradesh HC sets aside conviction considering contradictory evidence of witnesses

“Unless there is any blatant mistake or error on the face of the record which may lead to miscarriage of justice, the Revisional Court shall not exercise its diligence over the matter.”

Case Briefs High Courts

Delhi High Court grants injunction in favour of Sun Pharmaceuticals Industries for its mark ‘SUN’

The suit was filed against the marks FERTISUN used per se as well as with the suffixes F and L as FERTISUN-F and FERTISUN-L and the corporate name of the defendant ‘LaurenSun Remedies Pvt Ltd’.

Case Briefs High Courts

Tenant’s rights in redevelopment cannot eclipse landlord’s rights of ownership: Bombay High Court

“What the tenants really seek is not just a right to dictate the terms of that tenancy beyond anything the law contemplates, but to impermissibly expand tenancy rights to the prejudice of the property owner — without taking the slightest steps to acquire those ownership rights.”

Case Briefs High Courts

Orissa High Court refuses bail to NDPS accused transporting 476 kgs Ganja to Punjab

Considering the huge quantity of contraband seized and progress of trial, the Court refused to grant bail.

Case Briefs High Courts

Can scheme for compassionate appointments adopted by Regional Rural Banks operate retrospectively? Allahabad HC refers to Larger Bench

“Compassionate appointment is never a part of service condition of any employee or a vested right”