High Courts Archives

Delhi High Court allows a woman to terminate 28 weeks pregnancy due to existence of “substantial foetus abnormalities”

The Delhi High Court allowed termination of 28 weeks pregnancy of a woman as the Medical Board from AIIMS diagnosed some “substantial abnormalities” in the foetus.

Case Briefs High Courts

Delhi High Court grants bail to an accused alleged of duping customers into taking loans through Chinese mobile application ‘Agile Loan’

It is the case of the prosecution that the present applicant helped other Chinese nationals who were responsible for building the loan app and facilitating the opening of bank accounts of non-existent companies for the transfer of duped money.

Case Briefs High Courts

Availability of Alternative Remedy is not an absolute Bar to challenge re-opening of assessment: Madhya Pradesh High Court

The Madhya Pradesh High Court held that alternative remedy is not absolute bar for examining conditions to issue reassessment notice and admitted the petitions for the final hearing.

Case Briefs High Courts

Delhi High Court holds plea regarding ‘invalidity of registrations’ granted in favour of the trademark BURGER KING as untenable

Delhi High Court observed that no issue regarding the validity of the registrations of trademarks of the plaintiff is liable to be framed in the facts and circumstances of the present case.

Case Briefs High Courts

Rajasthan High Court seeks suggestions from the Government and BCI to protect advocates from violence and harassment meted out while discharging their duty

The Court sought assistant of BCI and directed to implead its Secretary in the present petition and accordingly issued notice to BCI who may come up with appropriate suggestions in the matter towards framing of guidelines.

Case Briefs High Courts

“Newborn baby includes both ‘full term’ or ‘pre-term’”; Bombay High Court directs payment of insurance claim

Bombay High Court rejected the insurance company’s contentions and directed them to pay the claim of Rs 11,05,953 to the petitioner with interest and Rs 5 lakhs as costs of litigation.

Case Briefs High Courts

Delhi High Court deletes remarks in the orders passed by the Trial Court against police officers

The Delhi High Court opined that passing comments like “negligent” and “insensitive” might impair a person’s confidence, work, and reputation, thus, the Court deleted remarks in the orders passed by Trial Court against police officers.

Case Briefs High Courts

Delhi High Court discusses on the distinction between ‘descriptive’ and ‘suggestive’ trademarks in the context of the mark ROYAL and its use in relation to rice

Delhi High Court observed that the use of the word ‘ROYAL’ appears to be only in the form of depicting the quality of the rice. The use of the word ‘ZABREEN’ prominently on its packaging is sufficient to take the defendant out of the mischief of infringement and passing off.

Case Briefs High Courts

Manipur High Court grants around Rs. 29 lakhs as compensation to the family of the deceased

The Manipur High Court held that the appropriate multiplier for deceased, aged 35 years should be 16 in place of 17 for calculation of compensation in cases under Motor Vehicles Act, 1988.

Case Briefs High Courts

Celebration of ‘Cow Hug Day’ a policy matter; Delhi High Court dismisses plea challenging withdrawal notification by Animal Welfare Board

AWBI stated that Cow Hug Day shall be celebrated on 14-02-2023 as the Cow is the backbone of Indian culture and rural economy, sustains our life, represent cattle wealth and biodiversity.

Case Briefs High Courts

Bombay High Court: Mere existence of the slightest probability of confusion in case of medicinal product marks requires that the use of such mark be restrained

Bombay High Court observed that confusion in the case a medicinal or pharmaceutical product may have disastrous effect on the health.

Case Briefs High Courts

Central Government may take appropriate decision to ban cow slaughtering in India and declare cows as ‘protected national animal’: Allahabad High Court

Allahabad High Court said that anyone who kills cows or allows others to kill them is deemed to rot in hell as many years as there are hairs upon his body.

Case Briefs High Courts

“Stamp Duty is only payable for additional area purchased under Re-development Agreement”: Bombay High Court

Bombay High Court quashed two of State Government’s circulars, limited the stamp duty only to additional area purchased during redevelopment, and laid several pointers which shall apply further beyond the facts of the present matter.

Case Briefs High Courts

Non-signatory parties can be subjected to arbitration in accordance with Doctrine of Group of Companies: Delhi High Court

Delhi High Court held that non-signatory or third party could be subjected to arbitration proceedings without their prior consent. It was necessary to examine the touchstone of direct relationship of signatory parties to the arbitration agreement, forming part of a composite transaction.

Case Briefs High Courts

Entry of authorised Bank employee in secured property premises for taking possession doesn’t fall under “House Trespass”: Calcutta High Court

While quashing the impugned criminal proceeding against the petitioners, the Court held that a defaulter borrower holds the secured asset only in trust or symbolic possession and even if the petitioners have entered the said property, the same cannot be marked out as trespassers in other’s’ property.

Case Briefs High Courts

Manipur High Court directs the State Authority to pay compensation of Rs. 50,000 to a detenu who was illegally detained for a period of 13 days in a drug trafficking case

The Manipur High Court directed the State Authority to pay Rs. 50,000 to the detenu as compensation for his illegal detention in a drug trafficking case.

Case Briefs High Courts

[Mass Religious Conversion Case] Not only period of punishment, but nature of offence should also be taken into consideration while granting anticipatory bail: Allahabad High Court

Allahabad High Court said that it cannot close its eyes to the fact that the material evidence has been collected regarding mass conversion of persons and this case has taken a far more serious turn where the victims are coming forward to give evidence, thus, in case anticipatory bail is granted, same would hamper process of investigation.

Case Briefs High Courts

Rajasthan High Court directs to destroy record of conviction of the child in conflict with law; No ground to deny appointment as a police constable

The Court held that the employer is prohibited by law from referring to or taking in consideration the judgment of conviction so as to deprive a successful candidate, who was a child in conflict with law at some point of time from being employed in Government service.

Case Briefs High Courts

Delhi High Court| Pendency of a partition suit by the son against his parents is no deterrent to the proceedings under Senior Citizens Act, 2007

Senior Citizens have every right to protect themselves and in case of ill-treatment and abuse by their children/ legal heirs, can approach the Maintenance Tribunal for their eviction from their property of any kind, which includes both Ancestral as well as Self Acquired Property.

Case Briefs High Courts

Portuguese national of Indian origin illegally restrained and detained by Air India Officials at Delhi Airport; Delhi High Court directs Air India Officials to arrange a flight to Ahmedabad for the Portuguese national

The Delhi High Court directs the Air India Officials to arrange for a flight to Ahmedabad for the Portuguese national of Indian origin who was illegally restrained and detained at the Delhi Airport by the Air India Officials.