High Courts Archives

Delhi High Court dismisses petition filed by a retired judicial officer challenging selection of Chairman at Competition Commission of India

Additional Solicitor General submitted that Ms. Ravneet Kaur, an IAS officer was appointed as Chairman, Competition Commission of India by the Selection Panel.

Case Briefs High Courts

Delhi High Court allows parties to nominate arbitrator upon Dispute Redressal Committee’s failure to settle dispute

The stipulations contained in Clause 25 of the Agreement must consequently be read down and understood to mean that at least one or more of the members of the Arbitral Tribunal must possess the qualifications as prescribed in Clause 25.

Case Briefs High Courts

Police not allowed to seal factory premises under Section 115 of Trade Marks Act: Bombay High Court

Bombay High Court explained that there is no power vested in the police under Section 115(4) of Trade Marks Act, 1999 to seal the factory premises, where the incriminating articles are situated.

Case Briefs High Courts

Victim’s parents ‘exaggerated’ their versions to attract POCSO Act; Calcutta High Court acquits accused

The Court observed that the prosecution evidence on being scrutinised should inspire the confidence of the Court regarding the factum of sexual intent being involved in the case in hand.

Case Briefs High Courts

General principle of simultaneous action will not apply in departmental and criminal proceedings covered by Bipartite Settlement: Allahabad High Court

Allahabad High Court said that the Tribunal has not considered the effect of acquittal of the petitioner from the identical criminal charges. The judgment is completely silent about the same. This is an apparent perversity on the part of the Tribunal.

Case Briefs High Courts

Delhi High Court denies injunction under S. 9 of A&C Act as it will delay the strengthening and overlaying of NH-48 initiated by NHAI

Sections 20-A and 41(ha) of the Specific Relief Act, 1963 expresses the legislative intent to not grant injunctions relating to infrastructure projects where delay may be caused by such an injunction. Thus, the role of Courts in this exercise is to interfere to the minimum extent so that public work projects are not impeded or stalled.

Case Briefs High Courts

Delhi High Court grants anticipatory bail to Vikas Malu, in a rape case filed by wife, who also accused him of killing Satish Kaushik

Delhi High Court observed that if the petitioner raped the victim forcibly in the month of February 2019 then it is difficult to digest that she would accompany the petitioner to Chandigarh in the last days of February to attend Celebrity Cricket League and meet the celebrities.

Case Briefs High Courts

Delhi High Court directs Trade Mark Registry to conduct phonetic search of a mark even at the preliminary stage

When an application is submitted for registration of a mark which involves a word, then, even at the preliminary stage, a word mark search as well as a phonetic search shall be conducted, so that the possible marks which are phonetically similar to the mark applied for, are thrown up as suggested result.

Case Briefs High Courts

[Civil Defence Volunteer Enrolment] Eligibility condition ‘place of residence’ being Delhi not violative of Articles 14, 16 and 21: Delhi High Court

A person who is residing in South India does not know the geography of Delhi and if recruited as civil defence volunteer, and in case of emergency he will get lost in Delhi instead of reaching to the place where emergency has occurred

Case Briefs High Courts

Departmental Proceedings cannot be continued after superannuation of employee unless provided under the Service Rules: Orissa HC reiterates

The Court said that even if the Departmental Proceeding was initiated prior to the superannuation of the delinquent employee, the same cannot be continued unless specifically provided under the Service Rules.

Case Briefs High Courts

Delhi High Court refuses injunction against Harpercollins Publisher for novelizing screenplay of 1966’s Nayak; holds Satyajit Ray, not RD Bansal owns copyright

The screenplay of the film is entirely the work of Satyajit Ray. ‘Nayak’ was also entirely the directorial effort of Satyajit Ray. The plaintiff, RD Bansal is merely the producer of the film.

Case Briefs High Courts

Gujarat High Court grants interim relief to Delhi L-G Vinai Kumar Saxena in 2002 assault case

Lieutenant-Governor of Delhi was alleged of assaulting Narmada Bachao Andolan activist Medha Patkar.

Case Briefs High Courts

Punjab and Haryana High Court refuses interim relief in favour of ‘Blenders Pride’ trade mark against ‘Royal Challenger American Pride’

Punjab and Haryana High Court considered the seven parameters laid in Narendra Hirawat & Co. v. Sholay Media Entertainment (P) Ltd., 2022 SCC OnLine SC 1878 for granting interim injunction including the extent of damages, protection of plaintiff’s interest, balance of convenience or inconvenience, etc.

Case Briefs High Courts

Judiciary candidate by mistake applied as ‘Dependent of Freedom Fighter’; Allahabad High Court allows her to provisionally appear in mains exam

Allahabad High Court granted two weeks’ time to UPPSC to file a reply and the candidate one week thereafter to file a rejoinder affidavit

Case Briefs High Courts

Employees who submit forged and fabricated documents are unfit for employment: Delhi High Court

Employees guilty of submitting forged documents to their employer must be dealt with strictly and no sympathy or compassion can be shown to such an employee.

Case Briefs High Courts

Explained| Muslims can adopt a surrendered child, but must follow procedure in JJ (Care and Protection of Children) Act: Orissa HC

The Court held that while exercising the parens patriae jurisdiction for issuance of the writ of habeas corpus, the objections relating to territorial jurisdiction cannot have serious impact.

Case Briefs High Courts

Compounding of unauthorised constructions cannot be considered pursuant to the order of remand: Allahabad High Court quashes remand order

Statute cannot be read in a manner so as to confer immunity upon the resourceful people to violate law and permit them to continue to enjoy such violation for all times to come by paying some amount to the Authority.

Case Briefs High Courts

Delhi High Court dismisses PIL espousing cause of investors being duped by promoters, alleging arbitrary delisting of securities

Delhi High Court observed that on perusal of all the necessary rules and regulations, the statutory provisions do provide a robust mechanism to safeguard the interest of investors and by no stretch of imagination, it can be said that the interest of investors is not at all protected.

Case Briefs High Courts

Words ‘Abu Dhabi Global Market’ used in a device mark are distinctive in nature: Delhi High Court

So long as others do not use the mark, or any similar mark, the Delhi High Court opined that a finding of non-distinctiveness can ordinarily not be returned as, howsoever innocuous a mark may appear to be, if it is used only by one person, it would, in plain etymological terms, be distinctive.

Case Briefs High Courts

Orissa HC orders ad-hoc promotion of Inspector to DSP rank during pendency of Disciplinary Proceedings

The Court noted that a review Departmental Proceedings Committee was held to consider the case of the petitioner for promotion and the decision was kept in sealed covers, pending disposal of Disciplinary Proceedings.