High Courts Archives

[‘Old Monk’ Trademark Dispute] Himachal Pradesh High Court grants ad-interim injunction in favour of Mohan Meakin Ltd

The use of the word MONK in most prominent manner shows dishonest intention on the part of the Defendant.

Mere use of a Tamil letter in a film cannot be a ground to grant exemption from payment of Entertainment Tax; Madras High Court

Exemption from payment of Entertainment tax given to a film is a concession granted by the Government to encourage the film makers to use Tamil title for their films. Concession can never be claimed as a matter of right.

Case Briefs High Courts

Writ of Habeas Corpus filed for release of Amrit Pal Singh; Punjab and Haryana High Court issues notice to State

In a Writ of Habeas Corpus filed before Punjab and Haryana High Court for release of Amritpal Singh against illegal detention by Punjab Police, the Court issued notice to the State.

Case Briefs High Courts

[Antrix-Devas Deal] Delhi High Court upholds decision of setting aside ICC Award of $562.5 million on the ground of fraud

The Delhi High Court upheld Single judge’s decision to set aside ICC Award of $562.5 million in favour of Devas Multimedia (P) Ltd. for a failed satellite agreement with Antrix Corporation Ltd., on the grounds of fraud and being in conflict with the public policy of India.

Case Briefs High Courts

“Finance Minister approved initiation of disciplinary proceedings against IRS Officer accused of supporting Sri Lankan Tamils”; Madras HC upholds CAT order

Madras HC dismissed a plea filed by IRS Officer who supported Sri Lankan Tamils through a hunger strike and criticised the Indian government’s policies on the Indo-Sri Lanka Peace Accord

Case Briefs High Courts

‘Infirmity’ must consist of a disability that incapacitates a person to perform ordinary routine activities; Delhi High Court grants bail to former director of Shakti Bhog Foods Limited

Delhi High Court observed that granting bail on every sickness will render the proviso to section 45(1) PMLA otiose, to be invoked only where the sickness suffered is so serious and life endangering that it cannot be treated in jail.

Case Briefs High Courts

[Hathras Conspiracy case]: “Preventive detention of citizen for just and plausible reasons is a measure permissible under law”; Allahabad High Court grants bail to Atikur Rehman

Allahabad High Court granted bail to Atikur Rehman who was arrested in 2020 along with Siddique Kappan and two others on their way to meet the family of the Hathras Rape and Murder victim.

Case Briefs High Courts

Delhi High Court set aside rejection of candidature for appointment to Delhi Higher Judicial Services, 2022

Delhi High Court observed that the petitioner was enrolled as an advocate in 2010 and he fulfils the requirement of “continuously practicing as an advocate for not less than 7 years on the last date of receipt of applications”.

Case Briefs High Courts

Rajasthan High Court | Lok Adalat have no adjudicatory power and can only pass award based on compromise between parties

The Rajasthan High Court perused the entire scheme under Chapter VI of the 1987 Act and stated that the Lok Adalat had no adjudicatory power and by allowing the prayer of the PP to withdraw prosecution, it had exercised adjudicatory jurisdiction which was not vested in it.

Case Briefs High Courts

Manipur High Court dismisses former MPCB Chairman’s plea challenging termination of service before completion of his tenure

The Manipur High Court opined that former MPCB’s Chairman should have obtained prior sanction from the State Government before appointing 118 employees as their monthly emoluments were above Rs. 3300 as per Rule 23 of Appointment of Chairman of Manipur Pollution Control Board, 2021.

Case Briefs High Courts

Madras High Court directs Police for conducting a public meeting to disseminate information on inter-caste marriages and honour killing

Madras High Court said that it is a laudable object, and we cannot prohibit or prevent such public meeting.

Case Briefs High Courts

[Contempt of Court] Advocate under Delhi Bar Council carrying on the business of PG accommodation; Delhi High Court sentences for willful non-compliance of its order

Delhi High Court observed that the respondent is a law graduate enrolled with the State Bar Council and despite being aware of the binding nature of the orders of the Court has shown scant regard for the legal process.

Case Briefs High Courts

Permissible to increase school fee to generate funds for expansion and betterment of educational facilities: Delhi High Court

The Delhi High Court held that schools were entitled to maintain a reasonable surplus for expansion of the system and development of education and the same could not be construed as commercialization of education.

Case Briefs High Courts

‘Interest cannot be withheld in the absence of express provisions permitting the same’; Delhi High Court partially sets aside arbitral award for being patently illegal

The impugned arbitral award was passed without considering the clauses of the Concessionaire Agreement while adjudicating on the rate of interest to be granted, thus, suffers from infirmity and patent illegality.

Case Briefs High Courts

Motor Accidents Claim| Can Insurance claim be recovered in case of death/bodily injuries of unauthorised passengers? J&K and Ladakh High Court answers

While deliberating over several appeals, the Jammu and Kashmir and Ladakh High Court decided the questions of liability and ‘pay and recover’ in favour of the appellant Insurance Company

Case Briefs High Courts

Karnataka High Court finds sexual harassment in open places like malls ‘highly improbable’; quashes charges

The Karnataka High Court while expressing its shock over unlikeliness of sexual abuse in open places, quashed the charges of sexual harassment and fraud against the petitioner

Case Briefs High Courts

Madras High Court imposes cost of Rs.10,000 on RDO for arbitrary refusal of Kattunayakan Community Certificate to applicant’s son and daughter

Madras High Court quashed the rejection order dated 08-11-2022 passed by the RDO with respect to the petitioner’s applications and remitted back the matters to the RDO for passing fresh orders

Case Briefs High Courts

Delhi High Court dismisses PIL filed seeking directions to draft and implement a comprehensive scheme to address the grievances of home buyers availing home loans

The PIL seeks formulation and implementation of a scheme that conclusively addresses the grievances of other home buyers who may not have the capacity to approach courts/forums to seek redressal against builders.

Case Briefs High Courts

Applications for refund of ITC cannot be rejected merely because of suspicion without any cogent material: Delhi High Court

The Delhi High Court held that the applications for ITC refund cannot be denied merely because of suspicion without any cogent material.

Case Briefs High Courts

Kerala High Court upholds Commercial Court’s refusal to accept delayed written statement

Referring to the amended portion of Commercial Courts Act, 2015 with Supreme Court’s interpretation, Kerala High Court found the Commercial Court’s refusal for acceptance after delay in filing written statement beyond 120 days justified.