High Courts Archives

Delhi High Court dismisses petition filed by a 97-year-old challenging prospective operation of S. 23 Senior Citizens Act

Delhi High Court observed that the present case is not a case of casus omissus and the Court while exercising its jurisdiction under Article 226 of the Constitution cannot make the provision what the Legislature did not intend it to be.

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Delhi High Court upholds conviction for murder of a 2-year-old child by hitting her head against stairs of a mandir

Delhi High Court opined that the cause of death was found to be cranio cerebral damage consequent upon blunt force impact to the head which was sufficient to cause death in ordinary course of nature.

Case Briefs High Courts

Need to reconsider exclusions under S. 3(k) of the Patents Act in view of growing innovations: Delhi High Court

Many inventions in emerging technologies including by SMEs, start-ups and educational institutions can be in the field of business methods or application of computing and digital technologies, therefore, there is a need to reconsider the exclusions in Section 3(k) of the Patents Act, 1970, in view of the growing innovations.

Case Briefs High Courts

[Gyanvapi Mosque case] Allahabad High Court directs ASI to conduct scientific investigation of Shivlingam without causing damage to it

Allahabad High Court observed that the technical and scientific report of the Archaeological Survey of India has opened ways for carrying out scientific investigation of the site / Shivlingam without causing any damage to the structure in question

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Allegation of Forgery/Fraud inter partes does not render dispute non-arbitrable; Calcutta High Court appoints sole arbitrator

The Court opined that the mere potential or presence of criminal proceedings deriving from the same circumstances would not exclude the issue from being resolved through arbitration.

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Whether online/ digital rummy played on Gameskraft is taxable under GST Act? Karnataka HC answers

The High Court quashed the GST notice of Rs 21,000 crores issued to Gameskraft holding it to be arbitrary and did a detailed analysis of various nuances of ‘game of chance’ and ‘game of skill’.

Case Briefs High Courts

Delhi High Court dismisses petition under S. 11 Arbitration Act in view of moratorium imposed on parent company

Delhi High Court granted liberty to the petitioner to file a fresh legal action for the same relief once the moratorium is lifted or varied.

Case Briefs High Courts

Invention not to be deemed a ‘computer programme per se’ solely due to use of algorithms and computer-executable instructions: Delhi High Court

It is essential for the Indian Patent Office to adopt a more comprehensive approach when assessing Computer Related Inventions (CRIs), considering technical effects and contributions provided by the invention rather than solely focusing on the implementation of algorithms and computer-executable instructions.

Case Briefs High Courts

Explained| Allahabad High Court order upholding State Government’s decision to cancel Ziledari Qualifying Examination 2018

Allahabad High Court said that recruitment has to be fair, transparent and accountable, if there are irregularities and malpractices and illegality in the recruitment process, it would undermine very legitimacy of the recruitment process

Case Briefs High Courts

Delhi High Court directs removal of online videos and tweets containing comments threatening a classical singer

Delhi High Court noted that there is a severe threat to the safety and security of the petitioner as is evident from the comments and videos.

Case Briefs High Courts

Why did Allahabad High Court grant full and proper security to Mukhtar Ansari?

Allahabad High Court said that though it is not against media taking interview of Mukhtar Ansari but looking to the recent episode of Atiq Ahmed, this restriction would be in the interest of the under-trial prisoner for their safety and security

Case Briefs High Courts

Advocates should prioritize Legal Aid matters; Access to justice cannot be denied based on economic capacity: Bombay High Court

Bombay High Court was cautious of litigants getting the impression that quality legal services are not provided if they are unable to afford the services of Advocates by paying substantial fees.

Case Briefs High Courts

No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court

Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.

Case Briefs High Courts

[Adultery v. Right to Privacy] Seeking hotel stay and call record details to prove the charge of adultery will not violate right to privacy: Delhi High Court

The right of privacy claimed by the husband vis-à-vis the prayer of the wife to seek assistance of the Court for production of records to substantiate her charge of adultery levelled against the husband in her petition seeking divorce was the question before the Delhi High Court.

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[Gas Migration Dispute] Reliance had limited role to ‘explore’ and ‘extract’ natural gas as a licensee only; Delhi High Court upholds arbitral award in favour of Reliance Industries

Delhi High Court observed that in the present case, the natural resource viz. natural gas was neither ‘bought’ nor ‘sold’ as between Reliance and the Ministry; thus, the public trust doctrine was not contravened.

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Sensitive heart & alert mind necessary in sexual abuse cases; Delhi High Court deprecates Trial Court’s public disclosure of child rape victim’s sensitive counselling session details

Delhi High Court observed that the child who was being examined in the case at hand was in the category of a child witness who is vulnerable and a victim of sexual assault by her own father, and it was not a new phenomenon in criminal jurisprudence.

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Delhi High Court restrains Jindal Sanitaryware (P) Ltd. from using the mark ‘JINDAL’ on its PVC pipes

The Delhi High Court opined that Jindal Sanitaryware (P) Ltd. will not be subjected to any serious prejudice if it was restrained from using ‘JINDAL' on its PVC pipes, as it was already using the mark ‘J PLEX ', which was registered in its favour for PVC pipes.

Case Briefs High Courts

Death due to mosquito bite not ‘accident’; Calcutta High Court upholds Insurance Company’s decision

“The (buzz) word is that Mosquitoes are simply everywhere — in pools, parks, movie theatres and convention centres — pests! Perhaps the time has finally come to use cannons to kill mosquitoes.”

Case Briefs High Courts

Orissa HC upholds Odisha Administrative Tribunal’s order to regularise services of Junior clerks; directs State to implement order within 6 weeks

The Court said that there was scope for promotion to the post of Junior Clerk by virtue of the Odisha Ministerial Service (Method of Recruitment to the Posts of Junior Clerks in the District Offices) Amendment Rules, 2001.

Case Briefs High Courts

Mirinda v मिरिंडा: Delhi High Court grants injunction in favour of PepsiCo Mirinda for transliteration of its mark in Hindi

Transliteration is the conversion of a text from one script or alphabet to another, as opposed to translation from one language to another. Shorter Oxford Dictionary 5th Edition defines ‘transliteration' as a noun to mean rendering of letters or characters of one alphabet in those of another.