High Courts Archives

‘Open jail provides a congenial atmosphere’; Chhattisgarh HC registers suo motu PIL regarding feasibility of open jails in State

“When a criminal/offender is confined in jail, it is not only the person who had committed the crime suffers, but at times, when the said offender is also the sole bread earner of the family, the entire family suffers.”

Case Briefs High Courts

Is it necessary to mention in FIR any one or more offences described under S. 2(b) of UP Gangsters Act? Allahabad HC refers issue to Larger Bench

“Court must strive to so interpret the statute as to promote and advance the object and purpose of the enactment. For this purpose, where necessary the Court may even depart from the rule that plain words should be interpreted according to their plain meaning and there need no meek and mute submission to the plainness of the language.”

Case Briefs High Courts

‘Not a case of innocent adoption’; Delhi High Court rules in favour of Hero Investcorp for mark ‘HERO’ in relation to engine oil

“The findings of the reports of the Local Commissioners also clearly indicate that defendants are actively involved in the sale, distribution, and manufacturing of counterfeit HERO Oil, thereby infringing upon plaintiffs’ registered HERO marks.”

Case Briefs High Courts

Gujarat HC orders arrest of Chinese vessel against pilot’s claim for permanent injury due to collapse of gangway

The gangway collapsed and the marine pilot fell from the gangway onto the wharf, which resultantly crushed and severely fractured his left-hand wrist.

pre-arrest bail to Amanatullah Khan denied

Case Briefs High Courts

[Money Laundering] ‘Cooperating with Investigating Agency by public figure is public service’; Delhi HC denies pre-arrest bail to Amanatullah Khan, MLA from AAP

“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”

Case Briefs High Courts

Calcutta High Court refuses to nullify award and restore lease in lieu of compromise based on illegal and arbitrary act

“Just as an illegal contract cannot be enforced, similarly a compromise or settlement which is not in the interest of the Society cannot be used to nullify the order passed by the competent authority in compliance of the direction passed by the Court.”

Case Briefs High Courts

No form of mediation permissible in POCSO cases; Delhi High Court denies relief to father in POCSO case due to delay, child’s best interests

Delhi High Court issued a mandatory reminder, rather than a gentle reminder that it is essential to emphasise that in cases involving offences of serious nature, particularly those falling under the Protection of Children from Sexual Offences (POCSO) Act, no form of mediation is permissible.

Case Briefs High Courts

Calcutta High Court directs payment of interest on revised gratuity in spite delay as such relief doesn’t affect third parties’ right

Calcutta High Court stated that the petitioner justified the considerable delay in filing the writ petition by asserting that there is no statutory period of limitation, and neither party has suffered due to this delay.

Case Briefs High Courts

Mother and father are equally entitled to recognition as child’s parents; Delhi HC directs GGSIPU to include mother’s name in degrees/certificates

“It would be clearly retrogressive if educational certificates, degrees and other such documents reflect the name only of the father of a candidate, eliminating the name of the mother.”

Case Briefs High Courts

Calcutta High Court grants permission to tender Affidavit-in-Chief due to ‘necessity’ and for ‘ends of justice’

Calcutta High Court directed that both the suits are to be heard together after such evidence on recall is completed and granted the respondent the right to cross-examine the petitioner.

Case Briefs High Courts

‘Right to use one’s name on one’s goods cannot be compromised’; Delhi HC denies injunction to Jindal Industries for mark ‘JINDAL’ against mark ‘RN JINDAL SS TUBES’

“The risk of having others bona fide using ‘JINDAL’ as a name for their products, and in the marks used on their products, is a risk that plaintiff consciously took, when it obtained registration of the mark ‘JINDAL’.”

Case Briefs High Courts

Rape matters cannot be resolved through money or out of court settlements; Delhi High Court rejects quashing of rape FIR despite settlement

‘Money, it seems, is to be exchanged for getting a quietus to the present criminal proceedings for offence of rape—a proposition that is not only immoral but also strikes at the very core of our criminal justice system.’

Case Briefs High Courts

Ration Card cannot be considered as address proof; Issued exclusively for obtaining essential commodities from shops: Delhi High Court

“The term “Ration Card” is defined under Section 2(16) of National Food Security Act, 2013 as a document issued under an order or authority of the State Government for the purchase of essential commodities from the fair price shops under the Targeted Public Distribution System.”

Case Briefs High Courts

Is it permissible for an employer to process the resignation request that earlier declined to process? Delhi High Court examines

In Sashastra Seema Bal, nobody can resign as per his own whims and fancies and it is for the Central Government to consider such request, having regard to the special circumstances of any such case and it may eventually accept the resignation with effect from such date as it may consider expedient.

Case Briefs High Courts

[Mumbai Twin Blast] Delhi HC rejects petition filed by death row convict seeking copy of alleged Intelligence Bureau report suggesting false implication of accused persons

“The premise on which the petitioner is relying, the publishing of such newspaper article, cannot be taken as gospel truth.”

Case Briefs High Courts

‘Probationer’s termination is neither per se dismissal nor removal’; Calcutta High Court upholds termination order

Whether the termination, in present case, be termed an innocuous termination simpliciter or an order of punishment based on the alleged misconduct of the petitioner?

Case Briefs High Courts

‘An extrajudicial confession, being weak evidence, requires corroboration’; Calcutta High Court sets aside conviction under Section 302 IPC

The Calcutta High Court criticised the trial court for not properly assessing the evidence and for erroneously applying legal principles and set aside conviction on prosecution’s failure to establish guilt beyond a reasonable doubt.

Case Briefs High Courts

Mere acquittal in a cruelty case filed by wife, cannot be a ground to grant divorce to husband: Delhi High Court

“While human emotions know no bounds and rules, but definitely human sensibilities emanating from mind shall have prevailed for an educated person like appellant to have reigned his affections for third person, with scant regard for respondent who reposed complete faith by entering into vows of marriage.”

Case Briefs High Courts

Look-alike products undermine integrity of fair trade; Obligation upon e-commerce platforms to ensure that sellers’ complete details are available: Delhi HC

“Irreparable harm will be caused if injunction is not granted, as on online platforms and marketplaces, it is extremely easy for sellers to proliferate the images and continue to dupe customers.”

Case Briefs High Courts

Delhi High Court dismisses defamation suit against Senior Advocate applying Doctrine of Absolute Privilege

“While one cannot quibble with the broad proposition that a person, while exercising his right to free speech, cannot make reckless utterances, which tantamount to defaming another person, it has certain exception like utterances made during Parliamentary or Judicial proceedings.”