High Courts Archives

Delhi High Court directs Mohalla Tech (P) Ltd. to remove Zee’s copyrighted content from ShareChat and Moj Apps and websites

“There is no injunction on Mohalla Tech (P) Ltd. using the cover versions, remixes or user generated content.”

‘In accordance with Article 16(5) of Constitution’; Andhra Pradesh High Court upholds termination of employee from service who ceased to be a Hindu

“Petitioner is conscious of the fact that he is a Christian and his marriage is with a Christian lady and the marriage is solemnized in a church as per the Christian rites and church formalities.”

Case Briefs High Courts

Delhi High Court| Increasing MRP of non-scheduled formulation to maximum permissible increase of 10% in a year not necessary

The 10% increase in MRP permissible under Para 20 of Drugs (Price Control) Order, 2013 must be calculated based on the actual MRP of the non-scheduled formulation in the preceding twelve months and not based on what was the MRP permissible for the preceding twelve months.

Case Briefs High Courts

‘No sufficient evidence to prove prosecution’s case beyond reasonable doubt’; Allahabad HC acquits 3 convicts in 1999 rape and murder case of a 13-year-old girl

Allahabad High Court said that there is a serious discrepancy in the eyewitness testimony. It does not match with other evidence, material and circumstances.

Case Briefs High Courts

Karnataka HC refuses to interfere with State Govt’s decision to cancel recruitment examination for the post of Police Sub-Inspector and order a re-examination

Examination for the recruitment for the post of ‘Police Sub-Inspector (Civil)’ previously conducted on 21-01-2021, was marred by irregularities such as paper leakages, which necessitated the decision of the Govt. to order a re-examination.

Case Briefs High Courts

Delhi High Court restrains use of words ‘SHRINATH’ and ‘SHREENATH’ in relation to tour and travel services; grants injunction to Shrinath Travel Agency

“The slight difference in defendants’ spelling, i.e., SHRINATH or SHREENATH really makes no difference to the aspect of infringement, as plaintiffs holds a registration for the word mark ‘SHRINATH’ per se.”

Case Briefs High Courts

[Trade mark Infringement] Madras HC restrains sale of Sunfeast Mom’s Magic butter cookies in blue wrapper, being deceptively similar to Britannia Good day

There will be confusion in the market, especially, in the nature of the product being Cookies, sold in the shelves of supermarkets, any ordinary customer looking at the shelf is bound to be deceived. Therefore, the product of ITC Ltd. is deceptively similar to that of Britannia.

Case Briefs High Courts

Delhi High Court issues directions in relation to guidelines for inspections by Child Safety Monitoring Committee

“The Chairperson as head of the Committee will decide which school is to be inspected on a particular day and an intimation in advance will be given to the members. If the member/s does not remain present at inspection time, the inspection shall be made in their absence by the Chairperson.”

Case Briefs High Courts

J&K and Ladakh HC quashes detention order over snapped live link to illicit activities and vague Daily Diary Reports

The High Court reiterated precedents highlighting that the detaining authority must not make undue and long delay between the prejudicial activities and the passing of detention order, and that Daily Diary Reports must not be vague and bereft of necessary details.

Case Briefs High Courts

Whether bar on review of decision by any Court under S.17 of UP Lokayukta and Up-Lokayuktas Act applies to High Court? Allahabad HC answers

Allahabad High Court opined that the reasoning of the order dated 05-11-2019, that there is no ‘cutting’ or ‘overwriting’ in the petitioner’s service book, does not close all avenues of inquiry.

Case Briefs High Courts

Delhi High Court directs Chief Secretary of Government of Delhi to undertake security, social audit of all Shelter Homes

“Ensure that the Shelter Homes established by Delhi Urban Shelter Improvement Board are occupied by persons who are eligible to occupy the same and not by any other persons.”

Case Briefs High Courts

Allahabad HC asks UP Bar Council to issue guidelines, restraining Advocates from wearing uniforms outside Court premises

Allahabad High Court directed the opposite party no. 4 to inform the Bar Council of U.P. about several cases being filed, alleging Advocates in uniform going to intervene in private property dispute and assisting land mafia in grabbing property of citizens.

Case Briefs High Courts

‘Compassionate appointment not vested/hereditary right’, Calcutta High Court upholds rejection of compassionate appointment

Calcutta High Court denied the compassionate appointment due to the lack of credibility and failure to establish financial dependency.

Case Briefs High Courts

Delhi High Court directs Government of Delhi to finalise proposal for establishment of specialised training academy for public prosecutors

“The newly appointed Public Prosecutors have been provided with adequate training at the Delhi Judicial Academy; and that a proposal for a specialized academy is pending consideration with the Government of Delhi.”

Case Briefs High Courts

TN Online Gaming Act applies only to games of chance and not games of skill : Madras High Court

The impugned Act can only apply to games of chance and not games of skill. Hence, the Act in its entirety, need not be held to be ultra vires

Case Briefs High Courts

Delhi High Court directs GNCTD to operationalise Online Single Window System portal for faster lawyer bill clearance

As submitted by IT Team of the Law Department, the OSWS software has a built-in timeline and the maximum time within which the memos can pass through each level of officials, on the said web portal is between 3 to 7 days and the overall timeline for clearing of the bill would, therefore, be no more than 20 to 25 days.

Case Briefs High Courts

Mother cannot be discriminated, as far as maternity leave is concerned; Rajasthan HC grants maternity leave to surrogate mother

“No civilization could have passed without recognizing the power of mother and often figuratively projected her as Goddess. A child born to a family sees the world first through the eyes of his or her mother and develops his or her skills through the vision of the family.”

Case Briefs High Courts

Delhi High Court allows appeal by Patanjali Ayurved against Meta Platforms Inc in a trademark suit; Directs Trial Court to decide matter afresh

The grievance of Patanjali Ayurved is that a video has been uploaded by respondent on the internet platforms owned by Meta Inc. having an advertisement of mens undergarments, wherein Patanjali’s trademark along with pictures of its brand ambassadors and directors are shown used unauthorizedly.

Case Briefs High Courts

Madras High Court grants relief to TNPSC aspirant who wrote “Jai Hind” while concluding her mains exam essay

“‘Jai hind’ or ‘victory to India’ is the most uttered slogan in India, whether it is at the end of the school prayers by children or at the end of a speech by eminent persons”

Case Briefs High Courts

Delhi High Court dismisses PIL seeking to formulate a policy for expeditious disposal of appeals within time limit under Section 250(6A) of IT Act 1961

As per an additional affidavit submitted, the CBDT has provided the way, in the past and future, pending appeals are to be dealt with and disposed of expeditiously as well as a road map to dispose of pending appeals.