High Courts Archives

Know why Bombay High Court quashed charges against wife who allegedly assaulted husband with broom, bit his hand

Bombay High Court was of the view that “continuation of criminal proceedings against the petitioner would be tantamount to abuse of process of law.”

Case Briefs High Courts

Solid waste management activities are exempted from payment of tax under Bihar Goods and Services Tax Act, 2017: Patna High Court

“The Appellate Authority had allowed the appeal in the case of a different assessee, who had been carrying on the very same work of solid waste disposal in the very same Municipality.”

Case Briefs High Courts

‘NewsClick has a lot to answer’; Delhi High Court dismisses its plea for stay on income tax demand

“NewsClick’s plea of financial stringency based on its balance-sheet inspires no confidence as according to the Assessing Officer the accounts have not been properly maintained.”

Case Briefs High Courts

[INIMOX v IMOX] Madras High Court directs mark “INIMOX” to be registered only for products intended for veterinary use and not for human use

“Be it in infringement or passing off actions, or in the context of an application for registration and objections being raised on relative grounds – the visual, phonetic and structural similarity between the later and earlier marks will, as in all cases, play a significant role.”

Case Briefs High Courts

‘Not innocent adopters, but conscious imitators of Johnson & Johnson’s mark ‘ORSL’; Delhi High Court restrains usage of ‘OSRI’ mark for electrolyte drinks

“Defendants’ act of adopting mark which is structurally and visually nearly identical to that of plaintiff along with a trade dress which is also imitative of that of plaintiff, indicates that defendants have strained every nerve to come as close to plaintiff as possible.”

Case Briefs High Courts

Delhi High Court sets aside IPAB order disenfranchising Yashoda Super Speciality Hospital trademark on ground of violation of principles of natural justice

Yashoda Super Speciality Hospital & Heart Institute happens to be one of the leading hospitals in Ghaziabad.

Case Briefs High Courts

Calcutta High Court dismisses petitions seeking appointment as primary teachers due to document verification failure

Calcutta High Court held that the petitioners, having failed to satisfy the appointing authority, could not claim a right to appointment.

Case Briefs High Courts

Woman can be ‘Karta’ of Hindu Undivided Family; societal perceptions cannot be reason to deny rights expressly conferred by legislature: Delhi High Court

“Experience has shown that any culture or practice that is ingrained in the society is bound to face some apprehension and resistance by the society when systemic changes are made to it. But with passage of time, it becomes a tool of social change.”

Case Briefs High Courts

Delhi High Court declares ‘BURGER KING’ as a well-known trade mark

“Defendants are free to use trade mark “BURGER EMPEROR”/and other “BURGER EMPEROR”/ formative marks and logo/device .”

Case Briefs High Courts

Reservation is not required to be provided while appointing Law Officers by Government: Madras High Court

The relationship between the government and the Law Officer is purely a professional relationship and not that of a master and servant

Case Briefs High Courts

Delhi High Court directs compensation to wife of deceased based on Good Samaritan principle

The Good Samaritan law states that a person who chooses to take steps to aid a person a distress should not be harassed for showing kindness and if in the process the Good Samaritan suffers some injury or fatal consequence, the law must come to his rescue.

Case Briefs High Courts

Delhi High Court grants injunction against Mankind Pharma Limited for infringing Hind Chemical’s ‘SU-MAG’ packaging

The plaintiff’s main product line includes an ointment meant for relief of boils and abrasions famously known as ‘SU-MAG’ and also manufactures ‘MAG-MAG’, ‘CREMOBAR’, ‘COFEX’, ‘GLYCERIN’, ‘SUPPOSITORY’ as well as other ayurvedic products namely ‘Livzon Syrup and Capsule’ and ‘Imminex Syrup and Capsule’.

Case Briefs High Courts

Calcutta High Court dismisses revision considering time lapse and availability of legal recourse under Section 144(5) CrPC

Section 144(5) of the CrPC empowers any Magistrate can rescind or alter an order made under this section.

Case Briefs High Courts

Delhi HC refuses to quash FIR against persons accused of kidnapping a child despite settlement between parties, says ‘such settlements raise ethical and legal concerns’

“One has to appreciate and imagine the trauma, stress, the agony of the child, who was only three years of age, that she would have gone through after being kidnapped by the kidnappers from the lawful guardianship of her parents.”

Case Briefs High Courts

[Trade mark infringement] Madras High Court directs Registrar to notify the mark ‘Royal Enfield’ in register of well-known marks

Madras High Court said that in respect of the motorcycle industry, the trade mark ‘Royal Enfield’ is well-known, not only in India, but also in abroad. Their annual reports also prove that their turnover runs into several hundreds of crores of rupees and they have carved a niche for themselves in the motorcycle industry.

Case Briefs High Courts

Filing of petition cannot be non est, if the defects raised were procedural and curable: Delhi High Court

“Even if the Registry declines registration, the Court has ample power to condone the delay in re-filing. This power has to be exercised liberally although cautiously to avoid delay by an unscrupulous litigant.”

Case Briefs High Courts

Online frauds erode people’s trust in online transactions, discourage newcomers into entering digital realm; Delhi HC refuses to grant bail to a man accused of cyber-crime fraud

“Sensitised to the plight of unsuspecting individuals who fall victim to deceptive mobile applications, the Courts have the responsibility to address the grievances of those who, in their pursuit of technology, end up being defrauded of their hard-earned money.”

Case Briefs High Courts

Delhi High Court restrains Lt Governor from conducting Cyclothon and Walkathon in Eco-Sensitive Zone of Asola Bhatti Wildlife Sanctuary

Conducting of an event like this has all the trappings of it turning out to be a misadventure as the location of the animals are unknown, their area of movement is not isolated, the certainty regarding number and species are guesswork and there appears to be no plan in place.

Case Briefs High Courts

Vigilance Committee should be cautious while conducting enquiry for granting or cancelling community certificate; Madras HC remands matter for reasoned order

Madras High Court said that the grant of community certificate or cancellation of community certificate would have a larger repercussion and will affect the future generation of the family

Case Briefs High Courts

Delhi High Court grants permanent injunction to CNN News Channel for mark ‘CNN’ in relation to news services

“The aspect of likelihood of confusion has to be examined from the perspective of the consumer of average intelligence and imperfect recollection.”