High Courts Archives

Mechanism required to ensure action against unauthorized construction systematic, transparent and even-handed: Delhi High Court

“Several cases are filed in this Court every week in which it is alleged that Municipal Corporation of Delhi has taken no action despite several complaints having been submitted regarding a particular construction.”

Case Briefs High Courts

Whether a Judge who has passed an Order previously is eligible to be nominated as an Arbitrator? – Gujarat HC answers

A mere fact that the nominated Arbitrator had been a member of the Bench of the Court, which had decided the validity of the interim order passed by the then Arbitral Tribunal, it cannot be held that the “Arbitrator has previous involvement in the case”.

Case Briefs High Courts

‘Sale of counterfeits destroys market for genuine goods’; Delhi HC grants Rs. 11 lakhs as damages and costs to Aero Club for its mark ‘WOODLAND’ in trade mark infringement suit

“The infringement conducted by defendant by imitating plaintiff’s mark ‘WOODLAND’ and ‘tree device ’ has been deliberate and calculated.”

Case Briefs High Courts

[Aadhaar Card] Relationship by marriage does not eclipse the right to privacy: Karnataka High Court

“Right to privacy of Aadhaar number holder preserves the autonomy of the individual’s right to privacy which has been conferred primacy and admits of no exception under the statutory scheme”.

Case Briefs High Courts

‘Matter is of serious nature’: Delhi HC orders five agencies to share information to find couple accused of manufacturing and selling counterfeit medical devices

“According to the plaintiff, the defendants’ activities pose a huge threat to human life owing to the defendants’ non-compliance with stringent quality check on the efficacy and safety of the products that has been maintained by the plaintiff.”

Case Briefs High Courts

Kerala High Court acquits parents who disposed of daughter in Arabian Sea, believing her to be lifeless

“There cannot be any doubt to the proposition that the burden to prove the guilt of the accused beyond reasonable doubt is on the prosecution.”

Case Briefs High Courts

Delhi High Court upholds extradition of Indian National accused of murder, to Oman

“The standard of proof in an inquiry in an extradition case is not of the same level as that required in a trial.”

Case Briefs High Courts

Calcutta High Court relaxes restrictions during ‘Rash Utsab’; Balances religious practices and public order

Calcutta High Court acknowledged the need for certain restrictions to maintain law and order during an international event.

Case Briefs High Courts

Decoding Madras HC verdict in PG Medical Seat Scam which denied admission to 28 students selected on merit by CENTAC

Medical profession deals with life of people and any compromise on merit would have a delirious effect

Case Briefs High Courts

‘Lost all rights on expiry of Franchise Agreement’, Delhi HC restrains former franchise holder, Sripati Bhushan Srichandan from using mark ‘BACHPAN’ in relation to play school services

“Defendants are directed to ensure that reference to the mark ‘BACHPAN’, either as a word mark or as a device mark, is removed from all physical and virtual sites on which the mark might be reflected in association with defendants.”

Case Briefs High Courts

Calcutta High Court upholds Special Designated Court’s power to try scheduled as well as other offences under PMLA

Calcutta High Court rejected the arguments regarding the discretionary nature of the provision and upheld the mandatory language of Section 44(1)(c) of the Prevention of Money Laundering Act, 2002.

Case Briefs High Courts

No mandate under CrPC for witness to appear before Court only when summoned; Andhra Pradesh HC sets aside conviction considering contradictory evidence of witnesses

“Unless there is any blatant mistake or error on the face of the record which may lead to miscarriage of justice, the Revisional Court shall not exercise its diligence over the matter.”

Case Briefs High Courts

Delhi High Court grants injunction in favour of Sun Pharmaceuticals Industries for its mark ‘SUN’

The suit was filed against the marks FERTISUN used per se as well as with the suffixes F and L as FERTISUN-F and FERTISUN-L and the corporate name of the defendant ‘LaurenSun Remedies Pvt Ltd’.

Case Briefs High Courts

Tenant’s rights in redevelopment cannot eclipse landlord’s rights of ownership: Bombay High Court

“What the tenants really seek is not just a right to dictate the terms of that tenancy beyond anything the law contemplates, but to impermissibly expand tenancy rights to the prejudice of the property owner — without taking the slightest steps to acquire those ownership rights.”

Case Briefs High Courts

Orissa High Court refuses bail to NDPS accused transporting 476 kgs Ganja to Punjab

Considering the huge quantity of contraband seized and progress of trial, the Court refused to grant bail.

Case Briefs High Courts

Can scheme for compassionate appointments adopted by Regional Rural Banks operate retrospectively? Allahabad HC refers to Larger Bench

“Compassionate appointment is never a part of service condition of any employee or a vested right”

Case Briefs High Courts

Pacific Metro Mall charging parking fee does not violate Unified Building Byelaws for Delhi, 2016 or Master Plan for Delhi-2021: Delhi High Court

“There is no provision in the Unified Building Byelaws for Delhi, 2016 which proscribe charging of fees or controls the terms on which buildings are used.”

Case Briefs High Courts

Delhi High Court decrees against various domain names from using the mark AAJ TAK or alike

As per a status report dated 20-11-2023, the use of the mark ‘AAJ TAK’ has been disabled on all channels, and the domain names have been either suspended, locked or blocked.

Case Briefs High Courts

Request for money by husband to arrange job with promise to repay does not amount to ‘dowry’ u/s 2 of the Dowry Prohibition Act: Orissa HC

“Demand for dowry should be the continuing cause for the death of the married women. Cruelty can be mental, or it can be physical. Every instance of cruelty and related harassment has a different impact on the mind of a woman.”

Case Briefs High Courts

Delhi HC restrains DJ Light and Sound Association Chandigarh from misinforming public that no licence required to play Phonographic Performance Limited music recordings

“It is further pointed out that, without filing any response to the present plaint, Defendant 2 is continuing to mislead the public into believing that no license is required to be obtained from the plaintiff before exploiting the recordings in which it has copyright.”