High Courts Archives

Delhi High Court dismisses Bloomberg’s appeal against ADJ’s order to take down defamatory article against Zee Entertainment

“Appellants rushed to this Court without exploring the option of filing their reply to the application under Order XXXIX Rule 1 and 2 of the Civil Procedure Code, 1908 (‘CPC’) and/or application under Order XXXIX Rule 4 of the CPC for modification of the ex-parte ad-interim order.”

Case Briefs High Courts

Delhi High Court dismisses petition to allow Overseas Citizen of India to participate in the International Maths Olympiad on behalf of India

“The courts have often held that having undertaken a chance at an examination, or in an interview, a candidate cannot later seek to question the rules applicable to that examination.”

Case Briefs High Courts

Proclamation u/s 82 CrPC to be issued after due satisfaction of Court that person is deliberately avoiding proceedings: Allahabad High Court

“Investigating Agency seeks proclamation order from the court concerned so as to exert the pressure upon the person concerned and the court concerned without taking care of specific procedure issues proclamation under Sections 82/83 CrPC in a cursory and mechanical manner.”

Case Briefs High Courts

Delhi High Court upholds maternity benefits of a contractual employee; Imposes costs on Delhi State Consumer Forum

Delhi High Court expressed surprise at GNCTD filing an appeal challenging the provision of benefits under the Maternity Benefit Act to a dedicated young woman who served in the Delhi State Consumer Forum for over five years on contractual basis considering their efforts to promote women’s interests, such as the Mukhyamantri Mahila Samman Yojna promising a monthly sum of Rs. 1,000 to adult women in Delhi, excluding tax-payers, government employees, or pensioners.

Case Briefs High Courts

Madras HC reads down TNDALU Ph.D Regulation mandating 2-year LLM for admission to Ph.D Programme

“Two-year LLM is not a higher qualification than the one-year LLM as both get the same degrees. Prescribing higher standards would be in ‘addition to’ and not in ‘derogation to’. It can be supplementing and not supplanting”

Case Briefs High Courts

Delhi High Court: Complaint by Delhi Pollution Control Committee not authorized under Section 19 of Environmental Protection Act

As per notification No. S.O. 624(E) dated 03.09.1996, the Central Government authorized the Chairman and Member Secretary of the Delhi Pollution Control Committee (DPCC) to file complaints under Section 19 of the Environment (Protection) Act, 1986. However, the notification did not grant the authority for further delegation of power by the Chairman and Member Secretary to file such complaints.

Case Briefs High Courts

Delhi High Court upholds Dolma Aunty Momos trademark; Cancels infringing trademark registration

The ruling sets a precedent for protecting established brands and upholding the integrity of trademark registration processes. The cancellation of the infringing trademark serves as a deterrent to potential trademark violators, emphasizing the importance of respecting intellectual property rights in commercial activities.

Case Briefs High Courts

‘Water bodies belong to society, but have been corporatised’: Madras HC issues directions to State discouraging encroachment of water bodies for construction

“Water bodies belong to the society. Their ownership may technically rest in local bodies/departments/government. But they are a gift of nature and have to be available not only for human beings but also animals and birds.”

Case Briefs High Courts

[Betting/ Spot Fixing Scandal] Know why Karnataka HC refused to quash defamation proceedings instituted against Asianet News by Divya Spandana

The High Court pointed out that Asianet News failed to support their claim that their alleged defamatory programme ‘Betting Raniyaru’ was covered under Fourth Exception to S. 499, Penal Code, 1860.

Case Briefs High Courts

Calcutta High Court affirms Larica Inn’s rights to purchased building’s roof-top based on conveyance deed and mutation

Calcutta High Court deemed KMC’s approval of the additional building plan without considering Larica Inn’s rights as erroneous.

Case Briefs High Courts

[RALEIGH v. RALLEYZ] Delhi High Court grants interim injunction to Swiss Bike Vertriebs for mark ‘RALEIGH’ in relation to bicycles

“Defendant’s mark ‘RALLEYZ’ is constituted in such a manner so as to phonetically sit remarkably close, if not together, and squeezed with, plaintiffs’ mark ‘RALEIGH’. It is clearly in the core zone of deceptive similarity, likely to cause confusion and likely to have an association with plaintiff’s mark.”

Case Briefs High Courts

‘No coercive action to be taken’; Delhi HC directs DDA to stay demolition of Pakistani Hindu Refugee Camp at Majnu Ka Tilla

“A public notice dated 4-3-2024 is pasted in the area asking the residents of the Pakistani Hindu Refugee Camp to vacate the place by 6-3-2024, failing which Delhi Development Authority will demolish their Camp.”

Case Briefs High Courts

‘Person having a spouse alive cannot live in illicit and live-in-relationship in contravention of law’: Allahabad HC refuses to grant police protection

Allahabad High Court clarified that it is not against live-in relationships, but against illegal relations

Case Briefs High Courts

‘Arbitrary withholding of refund claims for specific periods, despite precedents, is contrary to principles of fairness and equity’: Allahabad HC grants relief to Samsung

“Taxation serves as the cornerstone of governmental revenue, facilitating the provision of public services and infrastructure. Essential to this system is consistency, ensuring that similar factual and legal circumstances are met with uniform treatment.”

Case Briefs High Courts

Married lady staying in the house of father’s friend of different religion, after being left by husband, does not amount to adultery: Patna High Court

“If this Court is persuaded to hold that staying in the house of an old man of different religion by a married lady amounted to adultery, then the entire social relation between man and man, man and women, is to be looked into only in terms of sexual relationship.”

Case Briefs High Courts

Procedure u/s 313 CrPC must be couched in a form which an ignorant or illiterate person can understand: Meghalaya HC

“Section 29 of the POSCO Act cannot be interpreted to say that just because a charge-sheet is filed, the onus shifts on the accused to prove his innocence against the accusation.”

Case Briefs High Courts

‘Adolescent love cannot be controlled by the Courts’; Andhra Pradesh High Court grants bail to POCSO accused

“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”

Case Briefs High Courts

Use of “Dish” deemed non-infringing trademark; Delhi High Court rejects interim injunction against Prasar Bharti’s DD Free Dish

The word ‘DISH’ is a common English word which denotes Dish Antenna and cannot be described as a prominent or an essential feature of such nature so as to allow the plaintiff a monopoly over its use. The two products at dispute were “DD Free Dish” by Prasar Bharti (Doordarshan) and “Dish TV” by Dish TV India Limited.

Case Briefs High Courts

Merely writing the expression “Yes” cannot be considered a valid approval u/s 151 of Income Tax Act 1961: Delhi High Court

“The satisfaction arrived at by the prescribed authority under Section 151 of the Income Tax Act, 1961 (‘the Act’) must be clearly discernible from the expression used at the time of affixing its signature while according approval for reassessment under Section 148 of the Act.”

Case Briefs High Courts

Delhi High Court refuses divorce to husband on displaying constant reluctance towards reconciliation

Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.