High Courts Archives

West Bengal Panchayat Elections 2023 | Calcutta High Court rejects recounting process as non-compliant with Law; upholds initial counting result

Calcutta High Court emphasized on the importance of a free, fair, and transparent election process for upholding democracy and maintaining the public’s faith in the system.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Triumphant Institute of Management Education (P) Ltd. for its mark “T.I.M.E.” against “T.I.M.E. Tirupati”

“Viewed from the perspective of initial impression conveyed by defendant’s mark on the mind of consumer of average intelligence and imperfect recollection, if a court crosses such consumer’s mind as to whether market is not the same as, or associated with, the mark of plaintiff, which is seen earlier in point of time, “likelihood of confusion” and “likelihood of association”, within the meaning of Section 29(2)(b) of the Trade Marks Act, 1999 necessarily exists.”

Case Briefs High Courts

‘Well within boundaries of permissible comparative advertising’; Delhi High Court refuses to injunct commercial of Puro Healthy Salt in a disparagement suit filed by Tata

“If Tata can sell its Himalayan Pink Salt by advertising it as natural, free of chemicals, additives, and as being neither processed nor bleached and, therefore, a healthy alternative to common salt, then why Puro cannot do so. Tata cannot seek any injunction against Puro using the very same expressions for its own Puro Healthy Salt, vis-à-vis white salt.”

Case Briefs High Courts

Delhi HC directs Hotel Corporation of India to pay its retired unionised employees, arrears of wage revision, on a par with currently employed unionized employees

“Hotel Corporation of India acted in contravention with Article 14 of the Constitution by creating wrongful classification between retired unionised workers and unionised employees who were currently employed with it.”

Case Briefs High Courts

Can retired BSF personnel be treated as ‘Ex-Servicemen’ for benefits of purchase and consumption of liquor in Tamil Nadu? Madras HC answers

“Even if the claim of the petitioner that discrimination is meted out to retired personnel of BSF as against Ex-servicemen has to be accepted, the consequence would only be that the exemption and concession granted to Ex-servicemen in consumption of liquor would have to be withdrawn, but, it cannot be a ground on parity to extend the same benefit to the retired personnel of the BSF”

Case Briefs High Courts

Allahabad HC directs UP Congress Committee to clear UPSRTC dues of Rs. 266 Lakhs with 5% interest within 3 months

This matter has been pending since the year 1998 and after 25 years it could not be settled between the parties. Hence, Allahabad High Court has taken up the matter to be decided on merits.

Case Briefs High Courts

Detention not unlawful or illegal; Calcutta High Court rejects request for compensation and reinvestigation following acquittal

“Though the Constitutional Courts have the power to order fresh, de novo or reinvestigation but such directions have to be issued sparingly depending upon the facts of the case.”

Case Briefs High Courts

Delhi High Court | Child born from the sapinda relationship legitimate; Declares marriage between parties null and void

The impugned order held that the fathers of the parties were real brothers and so, the marriage between the parties fell within the meaning of sub-clause (f) of Section 3 of Hindu Marriage Act, which defines the terms of degrees of prohibited relationships.

Case Briefs High Courts

Delhi High Court upholds constitutional validity of Rule 3, 5, 6 and 8 of Animal Birth Control Rules, 2023

The issue under consideration was whether the ABC Rules, 2023 unjustly exclude individual veterinarians from the animal birth control programme, thereby infringing upon their constitutional rights.

Case Briefs High Courts

Court cannot presume disobedience; strict and irrefutable proof of disobedience required for punitive action under Order 39 Rule 2A of CPC: Delhi High Court

“In its zeal to ensure implementation of rule of law, the court cannot hold a person guilty of violation of its orders and proceed punitively against him merely because the circumstances give rise to a strong suspicion of the court’s order been disobeyed.”

Case Briefs High Courts

Calcutta High Court directs rectification of employee’s re-designation and retiral benefit calculation on violation of Article 14 of Constitution of India

“The High Court in exercise jurisdiction under Article 226 can even mould the relief or reliefs to meet the peculiar and complicated requirements of the country.”

Case Briefs High Courts

Telangana High Court directs Bar Council of India to examine the eligibility of final year law students for AIBE

“Bar Council of India is directed to examine the representation of the petitioner after taking note of the Supreme Court’s observations in the case of Bar Council of India v. Bonnie Foi Law College.”

Case Briefs High Courts

‘A little respect and a lot more dignity in a dead body’s disposal is required’; Patna High Court takes suo motu cognizance of Bihar Police dumping accident victim’s body in canal

“Many believe that bodies, without life, are dispensable repositories of the soul, but when alive, it carries a soul; the part of a whole, which exists in every living being.”

Case Briefs High Courts

Jharkhand High Court directs State to provide disabled friendly infrastructure in Courts, Judicial or Quasi-Judicial Forums

Jharkhand High Court highlighted the specific provisions under the Rights of Persons with Disabilities Act, 2016 backing all the aforesaid facilities in all public places.

Case Briefs High Courts

Revealing CBI’s enquiry report will impede the investigation process, thus exempted from disclosure under RTI Act, 2005: Delhi High Court

“This Court is of the opinion that the information that is being sought by the petitioner would impede the investigation conducted by the CBI involving a large-scale fraud, including many accused.”

Case Briefs High Courts

‘Murder of wife and 3 daughters including an infant is barbaric’; Orissa HC upholds life imprisonment

“Murder was committed in the convict’s house, and he attempted to burn the entire house along with the dead bodies in the dead of night which pointed fingers towards the convict alone and the same was strengthened by his post occurrence conduct”.

Case Briefs High Courts

‘Nature of employment will not decide maternity benefits’: Delhi HC grants maternity benefits to contractual employee whose contract ended during pregnancy

“Mere creation of the welfare legislation is not enough. A duty is cast upon the State and the subjects of the Act, to uphold the integrity, objective and the provisions of the legislation in its true letter and spirit.”

Case Briefs High Courts

‘Staff nurses working on contract basis cannot be denied adequate compensation as is being received by regular staff’: Delhi High Court directs AIIMS to pay wages along with dearness allowance

“Nurses working in hospitals provide a very valuable humanitarian service. It will be a travesty of justice if such people are denied adequate compensation for their services as they were entitled to.”

Case Briefs High Courts

“Life Imprisonment for remainder of natural life a more humane substitute to address recidivism concerns”; Calcutta HC commutes Death Sentence in Rape and Murder case

Calcutta High Court held that the Trial Court erred in awarding death penalty with reference to gravity of the offence alone.

Case Briefs High Courts

College authorities must issue NOC for Transfer Requests; Suitability not their Domain: Calcutta High Court

The petitioner’s request for transfer of service for personal reasons deemed justified on humanitarian grounds under the principles of ‘Natural Justice’.