High Courts Archives

Social reservations need not be maintained by Educational Institution administered and managed by Minorities: Madras High Court

“State Government is within its right to impose the threshold cap of admitting students from minority community to 50 percent”

Case Briefs High Courts

Pre-Deposition Certificate by Controlling Authority under Section 7(7) of Payment of Gratuity Act, 1972 enables employer to file appeal without actual deposit: Calcutta High Court

Calcutta High Court acknowledged that LIC had indeed transferred the amount and issued a certificate to employer, enabling them to file the statutory appeal.

Case Briefs High Courts

Caring for one’s parents is inherent compassion, a choice beyond compulsion; Calcutta High Court quashes criminal proceeding against wife

While allowing the revisional application, Calcutta High Court quashed the impugned proceeding on the ground of lack of substantial evidence to prima facie substantiate the offenses against the wife.

Case Briefs High Courts

Significance of socio-cultural activities cannot be ignored: Delhi High Court permits Dussehra celebration at district park

“What in fact, is a matter of concern is not a ban of these activities but to work out the mechanism to ensure that the programs are held in a regulated manner without causing any harm or damage to the environment.”

Case Briefs High Courts

Calcutta High Court upheld BL&LRO’s permission to private party for conducting Durga Puja on disputed land

Calcutta High Court held that since the party have been conducting Durga Purja on the said land for so many years, therefore, no question arises of asking for permission from others except BL&LRO.

Case Briefs High Courts

Prohibition on cut flowers import through all airports, except for Chennai, not arbitrary against traders in Delhi-NCR region; aims to fortify nation’s biosecurity: Delhi High Court

“Biosecurity constitutes an integral facet of national security. The inadvertent introduction of invasive alien species or harmful exotic pests, whether through flowers, fruits, vegetables, or other pathways, poses a grave threat to the country’s native agricultural produce and, by extension, its agrarian economy.”

Case Briefs High Courts

Delhi High Court criticizes Authorities for abusing procedure of booking venue for Ramlila and Dussehra Mela

“The basic requirement of Article 14 of the Constitution is that any action of the State must be non-arbitrary in essence and substance. It is the heartbeat of fair play and State actions are amenable to judicial review to the extent that the State must act validly for a discernible reason and not whimsically.”

Case Briefs High Courts

[Asian Games 2023] Delhi HC upholds disassociation of Chief Coach from the ongoing National Coaching Camp for Indian Kabaddi Team (Boys) due to sexual harassment allegations

“The High Court would be empowered to exercise the powers when it finds that the decision impugned is so arbitrary and capricious that no reasonable person would have ever arrived at.”

Case Briefs High Courts

Allahabad High Court upholds CAT order directing Union Government to grant notional promotion to Railway employees from 2018

Clause-7 of the letter dated 12-09-2013 provides that those serving on deputation may not be normally returned to their parent establishment, is not a rule to disable the promotions or to disable repatriation

Case Briefs High Courts

WYNK v. TIPS Copyright Battle | “Statutory licenses under Section 31D restricted to traditional non-internet-based radio and television broadcasting and performances”; Bombay High Court affirms Single Judge order

Wynk claimed that Section 31D covers all kinds of dissemination that may be encompassed by the phrase “broadcast” or “communicating to the public”, but does not expressly say anything about the internet, does not prohibit or forbid internet-based services, radio-like or not.

Case Briefs High Courts

Telangana High Court upholds CRPF personnel’s termination on grounds of mental illness and depression

“In an organisation like CRPF, which is India’s largest paramilitary Force, a member with a mental condition cannot be expected to perform his duties with utmost commitment and discipline.”

Case Briefs High Courts

“Arbitrator can interpret contract, but cannot travel beyond four-corners of contract and rewrite its terms and alter nature”: Orissa HC

Arbitrator is a Judge chosen by the parties and his decision is final as long as it is founded in fairness and justice and an award cannot be passed on the ipse dixit of the arbitrator.

Case Briefs High Courts

Delhi High Court vacates stay on termination of Delhi Legislative Assembly Fellows

“The Supreme Court has declined to stay the Order dated 05-07-2023. Therefore, propriety demands that this Court ought not have passed any interim order which had the effect of staying the Order dated 05-07-2023 and other consequential orders.”

Case Briefs High Courts

Read why Madras HC granted ad interim injunction in favour of Sangeetha hotels, restraining franchisee from using ‘Geetham’ mark

Madras High Court said that the apprehension of Sangeetha Hotels that the public would be misled into believing that the respondent is nothing but old wine in a new bottle stands prima facie proved.

Case Briefs High Courts

Delhi High Court dismisses plea seeking ban of gross, graphic anti-tobacco imagery in health spots played during screening of movies and TV programmes

“The purpose of display of distasteful, gross, graphic anti-tobacco imagery in health spots played during the screening of movies and TV programmes is only to make people aware of the ailments and ill-effects of consuming tobacco and tobacco products and to show them what tobacco can do to their health.”

Case Briefs High Courts

Delhi High Court directs State to notify mode and manner for compliance of Section 173(2)(ii) CrPC

As on date, there are no rules prescribed by the State Government which provide a particular method of communicating the complainants/informants as per Section 173(2)(ii) CrPC to ensure uniformity, transparency and effective implementation of the provision, in its letter and spirit.

Case Briefs High Courts

[Theos v. Theobroma] ‘Theos to be restrained to Delhi-NCR region’; Delhi High Court settles terms in trade mark infringement suit

“No party shall oppose each other’s marks or object to the same, in any manner, so long as the same are in compliance with the terms of this settlement.”

Case Briefs High Courts

Sainik School denies admission to student for being medically unfit; Uttaranchal High Court dismisses petition seeking admission

“A candidate should be medically fit in the manner that he/she must be in a good physical and mental health, free from any disease/syndrome/disability likely to interfere with the efficient performance, etc., but there should also be no evidence of any congenital deformities.

Dominos Dominick Pizza trade mark deceptively similar

Case Briefs High Courts

[Domino’s v Dominick] Delhi High Court restrains Dominick Pizza from using Domino’s registered trade marks

“Where the marks in question pertain to food items, or eateries where food items are dispensed and served, a somewhat higher degree of care and caution is expected to be observed.”

Case Briefs High Courts

Form Committee to supervise inventory of valuables in Ratna Bhandar of Puri Jagannath Temple: Orissa HC directs State

The Archeological Survey of India has suggested that the status of the inner portion of the Ratna Bhandar could also be assessed through laser scanning and the repair could be taken up during Rath Yatra.