High Courts Archives

Invention applicable in business but primarily related to technical process is not a business method; Madras HC remanded patent application for reconsideration

“The monopoly claim is not in respect of a business method but in respect of a claimed invention deploying hardware, software and firmware for purposes of data privacy and protection”

Case Briefs High Courts

Social torture by spouse or leveling false allegation of having illicit relations outside marriage amounts to mental cruelty; Patna High Court grants divorce

“Alleging character assassination and to say that the husband shall be removed from service and further filing of domestic violence while alleging that the husband is in adultery, fornication, are serious allegations touching the character of respective persons.”

Case Briefs High Courts

Publicly harassing, alleging infidelity and portraying husband as womaniser in his office is an act of extreme cruelty: Delhi High Court upholds divorce

“Any successful marriage is built on mutual respect and faith. If either is compromised beyond a level, the end of the relationship is inevitable as no relationship can stand on half-truth, half-lies, half-respect and half-faith.”

Case Briefs High Courts

Calcutta High Court affirms rejection of stay application under Section 10 CPC; Allows simultaneous Civil and Criminal proceedings

Calcutta High Court stated that Section 10 CPC applies to suits in civil court, not proceedings under special statutes.

Case Briefs High Courts

Calcutta High Court emphasises adherence to competent court’s order; set asides Tribunal decision on appeal’s maintainability

Calcutta High Court observed that the Tribunal overlooked the direction issued by the High Court and failed to apply Rule 21 of the Employees Provident Fund Appellate Tribunal (Procedure) Rules, 1997, which grants flexibility in securing the ends of justice.

Case Briefs High Courts

Calcutta High Court rejects time-barred claim in arbitration dispute over alleged failure to deliver signed copy of award

The Calcutta High Court opined that the onus is on the award-holder to provide irrefutable evidence of delivery, and any doubt in this regard favors the award-debtor.

Case Briefs High Courts

Madhya Pradesh High Court upholds registered Proprietor’s independent rights in Scotch Whisky GI Case; Rejects impleadment order under GI Act

The legislative intent of the Geographical Indications of Goods (Registration and Protection) Act, 1999 is to protect registered GIs, and Section 21 is enacted to safeguard the rights arising from registration.

Case Briefs High Courts

SFIO not barred from investigating offences under IPC and conducting ‘further investigation’ after filing of investigation report: Delhi High Court

“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”

Case Briefs High Courts

Not permissible for High Court to convert lesser offence to serious offence in sentence enhancement appeal: Himachal Pradesh High Court

“The appellant submitted that the respondent was liable to imprisonment for not less than ten years and payment of fine of not less than Rs. 1,00,000. However, he was sentenced to undergo rigorous imprisonment for six months and payment of fine of Rs. 1,000.”

Case Briefs High Courts

‘Consider uploading fresh copy of film ‘Jawan’ with accessibility features on OTT platforms’: Delhi High Court to Ministry of Information and Broadcasting

“The Ministry of Information and Broadcasting shall call the producers of the films ‘Jawan’ and ‘Hi Papa’ for consultation and impress upon them the importance of providing these features at least in the OTT release for these two films.”

Case Briefs High Courts

Incentive cannot be given to promote societies’ mindset for light skin preference: Chhattisgarh High Court dismisses divorce appeal by husband

“Entire society of the human race needs to change the dialogue at home, which may not promote the fairness preference of skin.”

Case Briefs High Courts

‘GoI considered geographical terrains of Indian border and Army system across world’: Kerala High Court refuses interference with Agnipath Scheme

“While reducing the age limit from 21 years to 17½ years for recruitment as Agniveers, the Government has considered various aspects including the distinct and challenging geographical terrains in the borders of India and also the system of Army maintained in various world countries.”

Case Briefs High Courts

Madras High Court distinguishes between date of assignment and date of declaration in patent applications

Madras High Court directed the Controller of Patents and Designs to decide the patent application on merits and in accordance with law.

Case Briefs High Courts

Delhi High Court permanently injuncts Bajaar LLC, a US based company from using ‘WinZO’, ‘WinZO Games’, ‘WINZO’ marks

“Defendants are based out of India and are taking shelter under the technological tools to stay away from the Court, while continuing to operate the platform.”

Case Briefs High Courts

Provisional selection of candidate and lack of formal enrolment exclude the applicability of Border Security Force Act, 1968; Calcutta High Court dismisses petition

Calcutta High Court stated that applicable regulations protecting enrolled persons do not apply in present matter, as the petitioner was provisionally recruited, not enrolled.

Case Briefs High Courts

‘Accused deemed to be in constructive custody of Court when released on Interim bail’: Orissa HC

“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”

Case Briefs High Courts

Madras HC sets aside appointment of Transport Commissioner as Appellate Authority under Petroleum Rules, 2002

After perusing Rule 154(2) of the Rules of 2002, Madras High Court said that it is manifested that the Appellate Authority has to be one who is immediately superior to the District Authority. The Transport Commissioner is not superior to the District Authority.

Case Briefs High Courts

Bombay High Court refuses to set aside injunction order passed in favour of Marico Limited product under its brand Parachute

It is no defence to state that others have also infringing the marks/labels of the Plaintiff as the Defendant cannot seek shelter behind other infringers or potential infringers.

Case Briefs High Courts

POCSO| Rajasthan High Court refuses bail to a man accused of rape despite of non-recovery of substantial evidence

“The petitioner argued that both the girls committed suicide by jumping into the canal after writing suicide note. As per report of handwriting expert also, the disputed writing show similarities with the standard writing.”

Case Briefs High Courts

Victim not necessary party, thus not required to be impleaded as party in bail applications under CrPC: Rajasthan High Court

“Had it been the intention of the Legislature, it would have in unequivocal terms mentioned in the statute itself about impleadment of the victim as a necessary party in all cases.”