High Courts Archives

Husband cannot be summoned in cheque bounce case for cheque issued by wife as sole proprietor of a firm: Allahabad High Court

Allahabad High Court said that in the eye of law, wife and husband have separate entity. The present case is not a case that the wife, sole proprietor of the Firm had provided the cheque signed by or on behalf of the applicant

Case Briefs High Courts

Delhi High Court gives one month time to Government to decide on the plea of Recognition of Transgender Community as third gender for free travel in DTC buses

In a petition filed for recognition of transgender community as a third gender for providing free travel to them in buses, the Delhi High Court gave one month period to the Government to decide the said matter.

Case Briefs High Courts

S. 306 CrPC does not seek to punish the approver, but to protect him from resentment of his associates in crime: J&K and Ladakh High Court

While deliberating over the petition seeking to set aside S. 306(4)(b), CrPC as unreasonable the High Court pointed out that inherent power under S. 482, CrPC can be exercised to release an approver on bail.

Case Briefs High Courts

Bereft senior citizen in-laws have the right to maintain peaceful possession of self-acquired property; Delhi High Court affirms eviction order of daughter-in-law

While interpreting the provisions of Senior Citizens Act, 2007, the Courts must bear the objectives and purposes for which the statute was enacted.

Case Briefs High Courts

Delhi High Court stays use of ‘BURGER KING’ mark in a rectification petition filed by Burger King Co. LLC against a family restaurant

In a rectification petition filed by Burger King Co. LLC against a family restaurant, the Delhi High Court stayed the operation of the mark ‘BURGER KING’ in Class 43 as it was identical to the well-known mark ‘BURGER KING’ and was likely to deceive public and create confusion.

Case Briefs High Courts

Delhi High Court directs CCI to take up applications filed by Start-up companies challenging Google’s New Billing Policy

Section 15 of the Competition Act is an enabling provision engrafted by the Legislature to overcome any inability which may accrue to statutory authorities like the CCI while acting in furtherance of the aims and objects of the Act.

Case Briefs High Courts

Delhi High Court holds Officials guilty of Contempt of Court for wilful disobedience of Court’s order directing to enhance staff’s minimum wage

The Delhi High Court held that the Special Commissioner Transport; the Chief Secretary; and the Secretary Labour of the Delhi Government were guilty of Contempt of Court for wilful disobedience of High Court’s order, directing them to enhance staff’s minimum wage.

Case Briefs High Courts

Karnataka High Court stays the cancellation of actor Chatan Kumar’s OCI card; directs him to refrain from tweeting about judiciary or sub-judice matters

Prominent Kannada actor Chatan Kumar, was granted conditional interim protection from cancellation of his OCI card until the next date of hearing, which has been set in June.

Case Briefs High Courts

Meghalaya HC directs State to file an affidavit indicating plans to control traffic congestion in Shillong

The Court noted that the State had indicated several long-term and short-term plans earlier, however, nothing was implemented by the State till date.

Case Briefs High Courts

Andhra Pradesh High Court quashes kidnapping proceedings against father proclaiming to be the lawful guardian of minor children under Mohammadian Law

The Andhra Pradesh High Court referred to Section 361 IPC and stated that taking of a minor out of the keeping of the lawful guardian does not make the father criminally liable for kidnapping since the parties were governed by the Mohammadian Law.

Case Briefs High Courts

Orissa HC quashes Criminal proceedings against NESCO Orissa Officials on grounds of absence of Sanction under Section 197 CrPC

The officers on duty cannot be subjected to undue harassment in the hands of unscrupulous litigants, to prevent malicious prosecution provisions such as Section 168 of the Electricity Act, 2003, are put in place.

Case Briefs High Courts

Arbitral award itself stands vitiated, if passed by unilaterally appointed arbitrator(s): Calcutta High Court

Calcutta High Court held that an arbitrator unilaterally appointed by one party lacks inherent jurisdiction to adjudicate disputes between both the parties.

Case Briefs High Courts

[POCSO] Relationship between accused and victim girl is that of uncle and niece; Meghalaya High Court refuses to quash criminal proceedings

Meghalaya High Court observed that threatening of the victim girl by the accused is not a sign of a love relationship between two young persons, as submitted by the accused as his defence.

Case Briefs High Courts

Delhi High Court restrains Advance Technologies from using logo similar to The Boeing Company; Directs costs upto 5 lakhs

Delhi High Court observed that customers are being misled by the defendants and the entire effort is deliberate and dishonest amounting to dilution of the reputation and goodwill of the trademark/logo of the plaintiffs.

Case Briefs High Courts

“Life is too short to be spent on litigating”; Karnataka High Court gives elaborate suggestions regarding jurisdiction of District Courts vis-à-vis hearing of First Appeals

Raising concerns over the period of delays in hearing appeals, the Karnataka High Court made detailed suggestions for effective functioning of judiciary, and which can reduce work -load of the High Court.

Case Briefs High Courts

Madras High Court imposes Rs.5 lakh cost on College for admitting Students without having affiliation

Section 17(4) of the National Council for Teacher Education Act, 1993 very specifically states that if any degree is granted by a College, which had admitted students during the period when the College suffered from withdrawal of recognition or affiliation, then such a degree or certificate cannot be treated as a valid qualification for the purpose of employment.

Case Briefs High Courts

Delhi High Court extends scope of Section 16 of Court Fees Act, 1870 to cases where suit is stayed due to imposition of moratorium

The Delhi High Court extended the scope of Section 16 of the Court Fees Act, 1870 by holding that the cases in which suit is stayed due to imposition of moratorium would fall within the ambit of Section 16.

Case Briefs High Courts

Whether victim’s right to be heard includes the obligation to be impleaded as a party in criminal proceedings; Delhi High Court answers

The Delhi High Court holds that there is no requirement in law to implead the victim to any criminal proceedings, whether instituted by the State or by the accused. The Court further directed the Registry to ensure that anonymity of the victims is strictly maintained.

Case Briefs High Courts

“An Unmarried daughter can claim reasonable wedding expenses from her father”: Kerala High Court

Kerala High Court reiterated that “every father irrespective of religion has an obligation to pay expenses related to his daughter’s marriage.”

Case Briefs High Courts

It is a curse for a society that women are still subjected to occult rituals to treat their infertility: Allahabad High Court rejects bail plea

Allahabad High Court said that the facts of this case are not only shocking but show the mindset of male persons that when a woman has not conceived for many years, the only fault is of the women and not of men and for that women are subject to occultist rituals. It is a curse for society that such rituals are still prevailing in 21st Century.