High Courts Archives

Karnataka HC | Memorandum of settlement arrived during divorce proceedings cannot be questioned on the ground of husband’s re-marriage, unless an element of fraud is involved

The Karnataka High Court strictly admonished the petitioner for abusing every jurisdiction of law but refused to impose exemplary costs as the same would only increase the agony of the petitioner, whose marriage was annulled albeit with consent.

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Bombay High Court | Denial by wife to go through DNA test in order to prove legitimacy of child not a sufficient ground to draw adverse inference against the wife

Bombay High Court: In a petition filed by the husband challenging on the ground of legitimacy of the child born from wedlock,

Case Briefs High Courts

Delhi High Court dismisses petition of the student seeking admission under the ‘Disadvantaged Group Category’ for the academic year 2021-2022 and 2022-2023

The Court held that the student cannot be granted admission in primary school for the academic year 2023-24 based on allotment letter issued for the academic sessions 2021-22 and 2022-23

Case Briefs High Courts

Delhi High Court dismisses Dabur’s plea of restraining Advertising Standards Council of India from taking down advertisement of ‘Dabur Vita’

The Delhi High Court dismissed Dabur's plea of passing an interim direction to stay the order of Advertising Standards Council of India and held that Dabur's product ‘Dabur Vita' was violating advertisement code.

Case Briefs High Courts

Calcutta High Court dismisses plea by Kamal Nath, Former Madhya Pradesh Chief Minister challenging transfer of IT proceedings from Kolkata to New Delhi

In a high profile case involving senior Congress leader and former Madhya Pradesh Chief Minister Kamal Nath, challenging the order of transfer of proceedings by Income Tax Department involving several transactions of large scale collection of illegal money, the Court opined that (i) there is no absolute right to be assessed in a particular territory and (ii) the inconvenience of assessee has to be balanced against department's right to carry its functions and scope of judicial review is limited.

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Whether excess amount liable to be recovered from the beneficiary Government employee where the actual medical expenditure is more than the approved rates? Delhi High Court rules

Justice CD Singh expressed his deep dismay as to how a petition seeking reimbursement for only Rs. 51, 824/- has been pending since 16 years, and is being vehemently contested by the GNCTD.

Case Briefs High Courts

Delhi High Court acquits a man who faced trial for 15 long years without proper legal representation

Absence of cross-examination of witnesses resulted in gross miscarriage of justice. The omission of fair and proper trial is not only a violation of fundamental principles of judicial procedure and constitutional mandate but is also a violation of mandatory provisions of Section 304 CrPC

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Allahabad High Court prohibits Advocate from practicing law in UP due to alleged misbehavior with the lady Judge; Directs police to ensure safety and security of the Judicial Officer

Allahabad High Court: In a suo motu contempt application against an Advocate, the division bench of Ashwani Kumar Mishra and Shiv Shanker

Case Briefs High Courts

‘Reason to arrest after four years, not spelt out in the arrest memos’; Bombay High Court grants interim bail to Chanda Kochhar and husband Deepak Kochhar

The reason given in the arrest memos to arrest the petitioners, having regard to the facts, appears to be casual, mechanical and perfunctory, clearly without application of mind. The grounds for arrest of the petitioners mentioned in the arrest memos clearly breach the mandatory provisions of Sections 41 and 41-A and 60-A of the Criminal Procedure Code.

Case Briefs High Courts

Whether a Motor Accident Claims Tribunal constituted under MV Act, 1988 is a Court subordinate to the High Court within the meaning of S. 115 of CPC? Allahabad High Court answers

The view of the Full Bench in Kamla Yadav case, that a Motor Accident Claims Tribunal constituted under the Act is a Court subordinate to the High Court within the meaning of Section 115 of the Code, does not require reconsideration.

Case Briefs High Courts

Transfer of PAN is consequential to the Order of transfer of jurisdiction; Bombay High Court holds PAN follows the jurisdiction not vice versa

Bombay High Court: In the present appeal filed under Section 260-A of the Income Tax Act, 1961 preferred against the

Case Briefs High Courts

Delhi High Court confirms ex-parte ad interim injunction in favour of AIWA Co. Ltd., a Japan company for its mark “AIWA” in a trade mark infringement suit

The Delhi High Court held that the use of mark “AIVVA” by Aivva Enterprises (P) Ltd. was phonetically similar to the mark “AIWA” of Aiwa Co. Ltd. and thus, caused confusion in the market. Therefore, the Court confirmed ex-parte ad interim injunction in favour of the mark “AIWA” in a trade mark infringement suit.

Case Briefs High Courts

An artist cannot be compelled to deal with another party against his own wish in perpetuity; Delhi High Court holds termination of agreement by Khesari Lal Yadav, valid

Grant of injunction in favour of the plaintiff company would cause irreparable injury to the Artist which cannot be compensated in monetary terms as he would be forced to continue with the contract of personal service even though mutual trust has been lost between parties.

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Right to avail legal remedy in Supreme Court cannot be denied; Delhi High Court grants parole to rape convict

The Delhi High Court granted four weeks parole to a rape convict and held that right of a citizen to avail a legal remedy in the final court of country cannot be denied.

Case Briefs High Courts

[Illegal Bulldozing of Houses] | “State of Assam must now take appropriate action to compensate the persons affected by illegal demolition of their houses”: Gauhati High Court

The Gauhati High Court had taken suo motu cognizance of the allegation that house belonging to one of the citizens of Nagaon, was bulldozed by an order dated 13-12-2022

Case Briefs High Courts

[JJ Act] Bombay High Court issues notice to the Publisher and Editor of Mid-Day for alleged publication of name and photographs of the child in conflict with law

Bombay High Court: In a case relating to an article published by Mid-Day, pursuant to the order of the instant

Case Briefs High Courts

Delhi High Court | Marks under ‘Swiss Military’ ineligible for trade mark registration Delhi High Court

The Delhi High Court allowed an appeal moved by the Armasuisse (Federal Agency of the Swiss Federation) and held that the marks ‘white cross on black background’, ‘white cross on red background’ and ‘SWISS MILITARY’ were all ineligible for trade mark registration in respect of textiles as it might suggest link to Swiss military establishment.

Case Briefs High Courts

Bombay High Court analyses whether ‘referring disputes to a sole arbitrator’ printed at the back of the tax invoice amount to an arbitration clause

Any document in writing exchanged between the parties which provide a record of the agreement and in respect of which there is no denial by the other side, would squarely fall within the ambit of Section 7 of the Arbitration and Conciliation Act, 1996 and would amount to an arbitration clause.

Case Briefs High Courts

Purchase orders do not in any manner supersede the contract between the parties; Delhi High Court holds arbitration clause in contract valid

The parties may choose to enter two different contracts covering the same transaction at different points of time, however, the purchase orders do not in any manner supersede the contract between the parties.

Case Briefs High Courts

Guideline excluding married daughter for issuance of I-cards to dependants of ex-servicemen, held violative of Art. 14; Karnataka High Court struck down the words “till married” from the impugned policy

In an impassioned ruling, the single Judge Bench of the Karnataka High Court observed that the word “men” in the impugned Guideline perpetrates gender bias and misogyny and urged that there is an imperative need of change of nomenclature from ‘ex-servicemen’ to that of ‘ex-service personnel’