High Courts Archives

Judicial Custody cannot be extended by mere letter to Court seeking to add more Sections against accused constituting serious offences: Bombay HC

The Court said that extension of remand, particularly after adding new Sections constituting a serious offence, is not a bare formality.

Case Briefs High Courts

[Illegal transportation and slaughtering of cow] Punjab and Haryana High Court refuses to grant bail due to ‘very serious’ allegations

Punjab and Haryana High Court was cautious of apparent concealment of registration of an existing case against the petitioner which lacked any explanation on part of the petitioner.

Case Briefs High Courts

Punjab and Haryana High Court bats for service of summons through WhatsApp and other electronic media; issues detailed guidelines

Punjab and Haryana High Court observed that to avoid any undue disposal of the proceedings pending before the Revenue Courts wherein the intention of a party in possession of the land is to delay the proceedings, issuance of specific guidelines is necessary.

Case Briefs High Courts

Delhi High Court denies injunction to Times Group for its claim of ‘prior use’ of logo “NOW”, “E NOW” “E-NEWS NOW”

The Court opined that whether a mark is common to trade or not is a question of fact. Similarly, a mark may be a trademark in some jurisdictions and ‘publici juris’ in others, but a mark that may be common to trade at one time may become distinctive over a period, or vice versa.

Case Briefs High Courts

‘Lawyers are essential and powerful pillars of judicial process’; Delhi High Court rejects plea of a woman accused of assaulting a lawyer

The lawyers are bound by their commitment to the duties cast on them by Part VI (Rules Governing Advocates), Chapter II (Standards of Professional Conduct and Etiquette) of Bar Council of India Rules which define their duties towards the Court, Client, Opponent and Colleagues.

Case Briefs High Courts

Government should either amend S. 377 IPC or bring in a new provision to make Necrophilia and sadism punishable with life imprisonment: Karnataka High Court

Holding that commission of rape on a woman’s dead body would not attract Ss. 375 and 377, Penal Code, 1860, the Court pointed out that its high time for the Central Government to consider amending S. 377 or introduce a specific provision to address necrophilia, sadism.

Case Briefs High Courts

No exclusion of people from Welfare Schemes on grounds of failure to possess Aadhaar Card or Mobile Phone: Orissa HC

The Court said that failure to possess an Aadhaar Card or a mobile phone or a proper ‘identity’ paper of a particular kind cannot become obstacles to availing the benefits under the Schemes as it can result in a child, or a family being denied the basic support in terms of food and supplements.

Case Briefs High Courts

Karnataka High Court rejects Xiaomi Technology’s challenge to the constitutional validity of S. 37-A of FEMA

While Xiaomi’s petition was held to be maintainable on the fulcrum of Article 14, however, the impugned provision as per the High Court did not manifest any arbitrariness.

Case Briefs High Courts

Gujarat HC Orders probe against Doctor accused of Issuing Fake Medical Certificates to Prisoners seeking Bail

The Court noted that the Doctor was in the habit of issuing the Medical Certificates in the name of different hospitals to aid prisoners in filing applications for bail before the Court of law.

Case Briefs High Courts

‘Students are tomorrow’s nation builders’; Kerala High Court against rejection of Education Loan due to low CIBIL Score

Kerala High Court favoured the student petitioner and said that “Banks may be hyper technical, but a court of law cannot ignore the ground realities.”

Case Briefs High Courts

Delhi High Court restrains 101 rogue websites from streaming “Spider-Man: Across the Spider-Verse”

Department of Telecommunications and Ministry of Electronics and Information Technology are directed to issue a notification calling on all internet and telecom service providers to block access to the rogue websites which were streaming “Spider-Man: Across the Spider-Verse”.

Case Briefs High Courts

Delhi High Court sets aside additional costs of Rs. 60 crores granted in favour of Jaiprakash Associates Ltd in absence of substantial evidence

An arbitral tribunal is also considered a court for the purposes of adjudication of claims before it and is often subject to the requirement of providing reasons while granting a party any relief, not for the purposes of adjudicating the validity of an order but for the satisfaction, understanding and notional justice for all the parties involved.

Case Briefs High Courts

Delhi High Court denies wife’s plea of DNA testing of husband and father-in-law to prove identity of children

There is no pending matrimonial dispute between husband and wife that necessitates granting the prayer for DNA testing. Moreover, when the petitioner’s husband is not challenging the identity of wife and children, such a prayer is unwarranted.

Case Briefs High Courts

Delhi High Court restrains Bodhisatva Charitable Trust from using the mark ‘MAYO’; grants injunction to Mayo Clinic, USA

The founder of the defendant institutions was not only aware of ‘Mayo Clinic’ in the USA but drew inspiration from the founder of ‘Mayo Clinic’, USA. Thus, the defendants have dishonestly adopted the ‘MAYO’ mark of the plaintiff as they are fully aware of the prior existence and use of the same by the plaintiff.

Case Briefs High Courts

Delhi High Court permits a South Korean national, a NALSAR graduate to be enrolled as an Advocate in view of Section 24 Advocates Act

Delhi High Court held that foreign nationals are not per se barred from being considered for enrolment under Section 24 of Advocates Act.

Case Briefs High Courts

Video disparaging GLUCON-D to be taken down from Instagram and Twitter; Delhi High Court orders

Instagram and Twitter were ordered to take down a video disparaging the product ‘GLUCON-D’, which was posted and circulated on their platforms.

Case Briefs High Courts

What happens when a wife files a dowry harassment case against her husband after receiving a divorce notice from him? Karnataka High Court answers

The Court was hearing a case where a wife had lodged a complaint alleging cruelty by her husband and in-laws, after a divorce petition had already been filed by the husband.

Case Briefs High Courts

Delhi High Court directs University to consider 59-days maternity leave application of an M.Ed regular course student against theory class

Delhi High Court observed that the citizens could not be forced to choose between their right to education and their right to exercise reproductive autonomy.

Case Briefs High Courts

[Krishna Janmbhoomi -Shahi Eidgah Dispute] Allahabad High Court transfers all pending suits from Mathura Court to itself

Allahabad High Court said that the High Court has to remain conscious of the fact that being the highest Court of the State, it is guardian of the people and being 3rd pillar of the Constitution, it safeguards interest of the people as a whole, the small sub-sects, tribe then bigger sub-sect community and full circle of the people, all fall within the protection of the Constitution.

Case Briefs High Courts

Third Party Funders to be fully aware of their exposure and cannot be mulcted with liability which they have not undertaken or are aware of: Delhi High Court

Permitting enforcement of an arbitral award against a non-party which had not accepted any such risk, was neither desirable nor permissible”