High Courts Archives

Tribunal decide disputes from inter-connected agreements

Bombay HC constitutes common Arbitral Tribunal for deciding for disputes arising from all inter-connected Essar-Narayan contracts

“A common reference to the Arbitral Tribunal for resolution of disputes and differences arising out of all such agreements and contracts was requested by the respondent which was agreed upon by the applicant.”

humane approach compassionate appointments

Case Briefs High Courts

Orissa High Court: Denial of Head Constable post to dependent spouse of disabled combatant unjustified; humane approach mandated in compassionate appointments

“A society, which does not hold the Defence Personnel in high esteem, will do disservice to itself, inasmuch as its own security will be at stake, if those who guard it are not regarded.”

Case Briefs High Courts

Delhi HC restrains “SettlementGuru” from using Bajaj Finance trademark and inducing loan defaults through social media

“Since the trademarks of the plaintiff are registered, the balance of convenience is tilted in favour of the plaintiff and in case, ex-parte ad-interim injunction is not granted, the reputation and goodwill of the petitioner may be injured.”

Case Briefs High Courts

Karnataka High Court denies bail to man accused of terrorist activities financed through Cryptocurrency from online handler

“Accused 4 was actively involved in conducting reconnaissance and arson activities in and around Mangaluru. It has been established that he received funds through Cryptocurrency from online handler affiliated with the terrorist outfit and these funds were subsequently utilized to carry out the terrorist activities.”

removal of disability data from online records

Case Briefs High Courts

No Policy, No Redaction: Delhi HC dismisses disabled professor’s petition to remove disability data from online records

The petitioner argued that his disability details should be removed from online records under the right to be forgotten, claiming the disclosure caused stigma, discrimination, and violation of his privacy and dignity.

Case Briefs High Courts

Advocate is not client’s mere mouthpiece; should refrain from accepting frivolous briefs: Allahabad HC dismisses petition challenging DRT Registrar’s notice

“The Court repetitively requested the learned Counsel for the petitioner to refrain from wasting the time of the Court and to raise his pleas before the DRT where the securitisation application is pending but due to his insistence, the Court had to decide the petition by this detailed judgment, which has resulted in unwarranted wastage of the precious time of the Court, which could have been utilized for deciding some other matter.”

Case Briefs High Courts

Child’s Welfare over Father’s financial capacity: Chhattisgarh HC denies custody to Father Living with Second Wife without Divorce

“This Court cannot be oblivious of the future aspect that there is no certainty that the child will get better love, affection, and good atmosphere from his step-mother, in comparison to what he has been receiving from his mother since birth.”

Case Briefs High Courts

Bombay High Court protects TRACKON courier service trade mark from infringement

“Where a word constitutes a prominent and essential part of a registered composite/label mark, the unauthorised use of that word would amount to infringement within the meaning of Section 29(9) of the Trade Marks Act.”

Case Briefs High Courts

Inadequate Teachers in MP Govt Schools: Madhya Pradesh HC seeks data on vacancies

The petitioner contended that 499 schools were inadequately staffed and 102 schools had no teachers available.

Indoor management in cooperative housing disputes

Case Briefs High Courts

Lease Assignee shielded by Indoor Management Doctrine in cooperative housing disputes; Bombay HC rejects interim relief as no suspicious circumstances made out

“The Secretary allegedly acted beyond his authority and entered into a series of transactions with the Heirs and the Assignee, which included a Deed of Confirmation reaffirming the 1980 lease, a Deed of Modification that removed the restrictions on built-up area and height, and a Deed of Assignment transferring leasehold rights to the assignee.”

Case Briefs High Courts

Fair Trial Protects Interests of Accused, Victim and Society: Allahabad HC rejects application to recall witness after six years from cross-examination in POCSO case

A witness who has already been examined and cross-examined, cannot be recalled and re-examined to deny the evidence he has already given before the trial court and no opportunity at a later stage can be given to him to completely efface the evidence already given by him under oath.

penal acts non transferable to legal heirs

Case Briefs High Courts

Penal acts are non-transferable to legal heirs; J&K and Ladakh HC quashes employee’s suspension based solely on FIR against his father

“If the employee’s father was allegedly found to be involved in an offence under Section 5 of the 2006 Act, the same did not mean that the employee was to be perceived, projected, painted and put to bad treatment by passing the impugned suspension order.”

maintenance to wife whose brother shot her husband

Case Briefs High Courts

‘Granting maintenance would be grave injustice’; Allahabad HC denies woman’s claim after her brother shot her husband, leaving him incapacitated

“If a wife, by her own acts or omissions, causes or contributes to the incapacity of her husband to earn, she cannot be permitted to take advantage of such a situation and claim maintenance.”

Case Briefs High Courts

Delhi High Court restrains large-scale job scam involving misuse of “AKASA AIR” trademark; issues directives

“The balance of convenience lies in favour of the Plaintiff, and if the Defendants are not restrained, the Plaintiff would suffer irreparable injury which cannot be adequately compensated in terms of money.”

Railway employee travelling on pass held bona fide passenger

Case Briefs High Courts

Railway employee travelling on Privilege Pass held bona fide passenger; Bombay HC grants Rs 3 lakh compensation despite missing journey entries

“Merely because an employee holding a valid pass fails to mention details himself, it cannot be held that he was travelling without a valid pass.”

Case Briefs High Courts

Jharkhand High Court: Five-year delay in SIT formation reflects police unconcern; State directed to frame guidelines to regulate outsiders linked to trafficking

“This crime has devastating consequences for the physical, cognitive, and socio-emotional development of children, who often suffer lifelong health issues, severe trauma-related disorders, anxiety, depression, difficulties in social integration.”

Case Briefs High Courts

DNA doesn’t lie! Delhi HC upholds POCSO Conviction of father who impregnated minor daughter

“The social circumstances and the economic status of the family may have compelled the Prosecutrix and her mother to give contradictory statements or to turn hostile. However, in such cases the Court cannot completely ignore the scientific evidence which has come on record.”

Case Briefs High Courts

Noncompete covenant not binding on non-signatory employee/third-party organiser; Bombay HC deines relief to Messe Frankfurt

“There were no traceable clandestine or fraudulent activities by Netlink and its Director in organising the impugned exhibitions for the ostensible organiser, and therefore it was unnecessary to undertake the exercise of lifting the corporate veil or applying group of companies doctrine.”

Case Briefs High Courts

Indore Water Contamination Crisis: Madhya Pradesh HC directs safe keeping of relevant records, case documents

The respondents contended that there was a possibility of manipulation of the original relevant record relating to the tender of laying a separate drinking water pipeline in Bhagirathpura and sample reports of M.P. Pollution Control Board.

Case Briefs High Courts

Bombay High Court: Assignment of leasehold rights not ‘Supply of Services’, Not taxable under GST

“The transaction pertained exclusively to transfer of benefits arising out of immovable property and had no nexus with the business of the petitioner company.”