High Courts Archives

[Cash-for-job Scam] Madras High Court refuses to grant bail to V. Senthil Balaji on medical grounds

Earlier in a writ petition concerning the issue of continuation of V. Senthil Balaji as a Cabinet Minister of the State consequent to his arrest, the Court left it to Chief Minister MK Stalin to decide about the continuance of Senthil Balaji (who is in judicial custody) as a Minister without Portfolio

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Delhi High Court restrains ‘Biggbos.live’ website from unauthorized broadcasting of reality show ‘Bigg Boss’ on plea by Viacom18

“If mushrooming of websites, which use the name Bigg Boss, is permitted, it will boost piracy and unauthorized dissemination causing huge loss to Viacom18 Media (P) Ltd.”

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Writ Court cannot resolve Private/Contractual Disputes or Questions of Ownership in Land Dispute Cases: Calcutta High Court

Calcutta High Court opined that such disputes should be resolved by the Civil Court.

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Court has wide discretion to interpret ‘What is cruelty’, literally and contextually: Calcutta High Court upholds divorce on ground of ‘Cruelty’

With regards to custody of the child, the Calcutta High Court after considering the paramount welfare of the child, held the husband is not fit person for custody.

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Wife not entitled to interim maintenance u/s 24 of Hindu Marriage Act, 1955 when both spouses qualified and earning equally: Delhi High Court

“The object of Section 24 of the Hindu Marriage Act, 1955 is to ensure that during the matrimonial proceedings either party should not be handicapped and suffer any financial disability to litigate only because of paucity of source of income.”

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Delhi High Court restrains Capital TV from using TV Today’s marks “To The Point”, “Halla Bol”, “Special Report”, “Black & White”, “Kismat Connection” for news programmes

“Though the specific words used for the news programme may themselves not be capable of being monopolized, the combination marks can be protected if they have acquired a secondary significance.”

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Situation like a theft being committed in a police station; Delhi High Court grants injunction against Indian companies to use logo similar to Japan Patent Office

This is a case where the Intellectual Property Office of Japan has found itself at the receiving end of infringement and imitation by unscrupulous Defendants. The defendants’ use of the identical mark and logo would be violative of the Plaintiff’s goodwill and brand equity.

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‘Right to fair investigation and trial is fundamental right of victim as well’: Rajasthan High Court quashes order transferring the investigation without reason

“First progress report of the investigation has been called for in seven years. Moreover, the administrative instruction has not been followed inasmuch as more than thrice transfer of investigation of the case was not permissible.”

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‘False promises made, huge scam committed’; Gujarat HC refuses to quash criminal proceedings against Mehul Choksi and Gitanjali Group Director

“Mehul Choksi left the country long ago and he did not cooperate with any prosecution, though various complaints are filed against Gitanjali Gems as well as in his individual capacity. He has no respect towards the process of law”.

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Explained | Allahabad High Court’s verdict on burden of proving claim for tax concession

Allahabad High Court said that once the corresponding State authority has sent information that only one purchase made by the purchasing dealer could be verified, the benefit of other purchases as alleged to be made by the revisionist against Form C cannot be granted.

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W.B. Panchayat Election 2023 | Calcutta High Court issues ‘Rule NISI’ under Rule 19 of Calcutta High Court Contempt of Court Rules, 1975

Calcutta High Court issue the ‘Rule NISI’ for non-compliance with Court orders to deploy central forces for election security during West Bengal Panchayat Election 2023.

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Delhi High Court stays eviction order passed against Rajya Sabha MP Raghav Chadha

The Government and its public officer; from which it must be inferred that the terms Government and public officer cannot be conflated to be one-and-the-same. Thus, the description of the defendant as “Rajya Sabha Secretariat, through its Secretary General” cannot be taken to mean that the Rajya Sabha Secretariat and the Secretary General are one and-the-same thing or that relief has been sought against the Secretary General.

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Karnataka HC sets aside bail order on ground of denying informant the right to participate in proceedings

The High Court also issued directions for effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about filing of regular and anticipatory bail applications and other connected issues.

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[S. 376 IPC] Delhi High Court| Discharging an accused based on the outcome of the polygraph test at the stage of charge is erroneous

The issue under consideration is whether the result of a polygraph test can become ground of discharge of an accused at stage of charge and could the learned Judge while passing order on application for grant of anticipatory bail, pass an order suggesting to the IO to conduct polygraph test of accused and victim to ascertain the truth of the matter without there being a prayer by accused or prosecution.

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Delhi High Court refuses to stay the registration for the mark ‘SCHEZWAN CHUTNEY’

“This Court is not inclined to stay the impugned trade mark registration for the mark ‘SCHEZWAN CHUTNEY’. Moreover, the issue of jurisdiction of this Court would have to be considered first.”

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Bombay High Court denies appointment of arbitrator for dispute against MSME

Bombay High Court held the instant applications under Section 11 of Arbitration Act as non-maintainable and dismissed the said applications.

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‘Failed to implement 4% reservation criteria for persons with benchmark disability’; Delhi HC sets aside 2018 recruitment advertisement published by Kendriya Vidyalaya Sangathan

“An act of discrimination is not only a denial of promise of equal protection before the law. Rather, every act of exclusion is an assault on the dignity of a person. Instead of providing an equal space to grow, we have been compelling the persons with disabilities to prove, time and again, that they are capable of a lot more than we think.”

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Non-possession of valid Permit entitles Insurance Company to recover compensation paid, from the owner of vehicle: Delhi High Court

“Right to recover the compensation will also be available to the Insurance Company where the offending vehicle is being operated at the time of the accident at a place for which it does not have a valid Permit.”

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“Parameters for approval to investigate a public servant are not as stringent as the parameters for granting sanction to prosecute a public servant”: Karnataka HC

“If the aspersions cast on the integrity of a public servant and the Investigating Officer harbours a view that an investigation is necessary, it would be in the interests of both the Government and the public servant that such a nagging suspicion is obliterated”.

Case Briefs High Courts

Humans of Bombay cannot claim copyright on images, photographs or videos; Delhi High Court refuses injunction against People of India

The present suit relates to the idea of a storytelling platform, there can be no monopoly over the running of such a platform. However, all such platforms that share stories about various individuals/subjects would be attaching/incorporating their own creative ways to communicate and disseminate the said stories, which constitute the expression. Such expression is protectable under Copyright law.