High Courts Archives

Delhi High Court upholds revocation of PepsiCo India’s registration for a potato variant used in the manufacture of Lays

Delhi High Court remarked that the present case is an example of the Registrar not insisting on the compliance of the Act, the Rules and the Regulations from the applicant.

Case Briefs High Courts

‘Publish details of grievance officers on website for public access’; Delhi High Court directs LinkedIn

The details of the Grievance Officers in terms of Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, including the physical and email address shall be published openly for public access on LinkedIn’s website.

Case Briefs High Courts

Allahabad HC directs JLN medical college to constitute 5-member team to examine minor rape victim for medical termination of pregnancy

In the case of sexual assault, denying a woman right to say no to medical termination of pregnancy and fasten her with responsibility of motherhood would amount to denying her human right to live with dignity as she has a right in relation to her body which includes saying Yes or No to being a mother.

Case Briefs High Courts

Can a wife be entitled to maintenance under S.125 CrPC if marriage is invalid? Madras HC answers

Madras High Court said that concerning the present economic scenario and the status of the parties, the fixation of the monthly maintenance at Rs. 10,000/- for the wife and daughter is very much reasonable and the same cannot be said to be excessive.

Case Briefs High Courts

Accused persons are engaged in movie business and not in business of cigarettes or tobacco products: Madras High Court quashes COPTA proceedings against Actor Dhanush

COTPA was brought into force to eliminate all direct and indirect advertisements, promotion and sponsorship concerning tobacco and for providing regulation of trade and commerce, production, supply and distribution of cigarettes and other tobacco products.

Case Briefs High Courts

Bombay High Court | 15-day compliance with disqualification notice based on ‘fit and proper person’ test not insisted by SEBI during pendency

SEBI had prescribed automatic disqualifications under the 2008 Regulations based on ‘fit and proper person’ criteria.

Case Briefs High Courts

Delhi High Court | MSEFC cannot entertain independent claim by the ‘Buyer’ against the ‘Supplier’ under the MSMED Act, 2006

Delhi High Court observed that the MSMED Act, 2006 has been enacted for the purpose of extending benefits to Suppliers, who are registered under the Act as Micro or Small Enterprises, it does not contemplate the reverse obligation i.e. claims relating to the amount recoverable from the Suppliers under the MSMED Act, 2006.

Case Briefs High Courts

“Offends transgender persons’ right to privacy as well as right to dignity”; Telangana High Court declares Telangana Eunuchs Act, 1329 Fasli as unconstitutional

“Constitutional morality impacts upon any law which deprives the LGBT individuals of their entitlement to a full and equal citizenship. LGBT individuals living under threats of conformity grounded in cultural morality have been denied basic human existence. Constitutional morality does not permit such discrimination and must supersede cultural morality.”

Case Briefs High Courts

Arbitrator’s view is ultimate, not to be interfered with by Courts, unless arbitration agreement evidently absent: Calcutta High Court

Calcutta High Court held that Court should not substitute its own view, replacing that of the arbitrator, unless it is manifestly evident that there existed no agreement.

Case Briefs High Courts

‘Lift Manipur Internet ban; Provide FTTH on case-to-case basis’; Manipur HC directs State

For Fiber to the Home, the High Court had directed the State to lift internet ban on a case-to-case basis after ensuring that all the stakeholders have duly complied with the safeguards given by the Expert Committee.

Case Briefs High Courts

‘Public interest demands easy, affordable access to anti-cancer drug’; Delhi High Court denies interim injunction to Bayer Healthcare for drug ‘Regorafenib’

Bayer healthcare LLC was selling its product of Rs. 36,995 by importing the same into India, whereas the Natco Pharma Ltd. was manufacturing the product in India and selling the same of Rs. 9,900. The injunction was refused due to the huge disparity between the prices offered by both, for a life threatening disease.

Case Briefs High Courts

Extension in service counts as qualifying service for pension, gratuity and increments; Himachal Pradesh HC imposes Rs. 10,000 cost on State

The State acts as a model employer that can’t discriminate among its employees and give a benefit that is conferred under the applicable rules/instructions to some, and deny the same to others.

Case Briefs High Courts

Punjab and Haryana High Court quashes FIR against makers of Colors TV serial ‘Ram Siya Ke Luv Kush’

Punjab and Haryana High Court was dealing with a matter involving allegations made by certain members of the Valmiki community regarding the role of Bhagwan Valmiki Ji being incorrectly depicted and telecast in Colors TV serial.

Case Briefs High Courts

[SANGEETHA v NEW SANGEETHA] Exception of bona fide use of name as trade mark does not extend to the name of spouse: Madras High Court grants permanent injunction

Madras High Court has also granted the plaintiff a decree for permanent injunction restraining the defendant from committing passing off of its restaurant business by using deceptively similar trade mark.

Case Briefs High Courts

Delhi High Court dismisses plea challenging the mandatory uniform for auto and taxi drivers

The petitioners have not been able to make out any case as to how Rule 7 of the DMV Rules is so manifestly arbitrary and only by stating that there can be several shades of khaki or that it does not state whether it should be a pant-shirt or kurta-pajama or the nature/details of stitching etc., does not make the provisions vague.

Case Briefs High Courts

West Bengal Panchayat Election 2023: Central Forces to be deployed for 10 more days post elections due to apprehension of post-poll violence: Calcutta HC

“All that the court can hope is that the elections of the Panchayat to be held on 8th July, 2023 is peaceful and the public will be entitled to cast their vote without any fear in their mind.”

Case Briefs High Courts

50-60% Power shortage completely unacceptable; Meghalaya HC pulls up State for inadequate supply of electricity

The Court directed the State to file a more comprehensive report indicating the measures taken to obtain additional power from the national grid and other sources that are available to reduce the shortfall.

Case Briefs High Courts

Does harassment of wife due to sarcastic remarks attracts penal provisions for abetment to suicide per se? J&K and Ladakh HC answers

The Court was considering a case where a wife had set herself ablaze after having telephonic conversation with her husband who refused to come back and live with her and asked her to go from where she had come.

Case Briefs High Courts

Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji’s wife against his arrest by ED: Decoding Justice Nisha Banu’s opinion

This report provides Justice Nisha Banu’s opinion in the Habeas Corpus plea.

Case Briefs High Courts

Delhi High Court dismisses PIL challenging method of empanelment of Government Advocates by calling it a ‘Publicity Interest Litigation’

Delhi High Court observed that it seems that the petitioner, who is an Advocate, filed the present petition after being a beneficiary of the very same process only because he has been denied extension or reappointment.