HIGH COURT MARCH 2024 ROUNDUP | Stories on 2006 Mumbai fake encounter; Arvind Kejriwal Arrest; W.B. Assembly Election 2021; UPSC Prelims 2024; and more
A quick legal roundup to cover important stories from all High Courts in March 2024
Delhi High Court
Imposing two different punishments for two teachers of the same university for identical allegations of plagiarism is ‘shocking’: Delhi High Court
Plagiarism by any stretch of imagination will remain plagiarism, irrespective of where the material had been copied from and the quantum of such material copied, will not have any bearing or impact on the alleged misconduct of plagiarism itself.
[UPSC Prelims 2024] Delhi High Court accepts supportive measures extended by Manipur Government to Manipur Hill Tribal candidates
Delhi High Court upheld the importance of equitable access to examination opportunities for candidates from marginalized areas and acknowledged the collaborative efforts between the concerned authorities to address logistical challenges effectively.
Delhi High Court restrains use of mark ‘Wow Punjabi’ being identical/deceptively similar to mark ‘Wow! Momo’
Plaintiff, Wow Momo made out prima facie case for grant of ex parte ad interim injunction and balance of convenience also lies in favour of plaintiff.
Delhi High Court| Non-provision of accessibility features constitutes an offence under Right of Persons with Disabilities Act
The case of the Petitioners is that, though various rights have been recognized for ‘persons with disabilities’ under the RPWD Act, most films which are released in India are not catering to disabled persons, despite the said RPWD Act, having been enacted more than 5-6 years ago.
Delhi High Court dismisses another plea by Indian National Congress against tax reassessment proceedings for four years
Indian National Congress objected to the tax reassessment proceedings stating that they are time-barred.
[Delhi Excise Liquor Policy] Delhi High Court rejects PIL seeking removal of Arvind Kejriwal from Chief Minister post
The PIL filed in the Delhi High Court raises concerns about potential obstruction of due process of law and disruption of justice amidst legal proceedings against Arvind Kejriwal. The petitioner argues that allowing Kejriwal to remain in office could undermine fair administration of justice and potentially lead to a breakdown of the constitutional machinery in Delhi.
Article 21A mandates free and compulsory education up to 14 years, without the freedom to choose a specific school: Delhi High Court
The right available under Article 21A of the Constitution or under Section 12 of the RTE Act is only to free and compulsory education till the age of fourteen, not for being provided such education in a particular school.
[Eveready v Everyday] Delhi High Court grants ad interim injunction in favour of Eveready Industries for trademark infringement
The case arises from the alleged infringement of Eveready’s trademarks by the defendants. Eveready contends that the defendants’ use of the mark “EVERYDAY” for electric gas lighters is deceptively similar to Eveready’s “EVEREADY” trademark.
Wife openly humiliating husband, calling him impotent in front of family members amounts to mental cruelty: Delhi HC grants divorce to husband
A wife’s withdrawal from matrimonial relationship unilaterally without any reason thereby depriving husband of conjugal bliss, since October 2013 till date, can only be inferred as an act of cruelty.
Delhi High Court passes dynamic injunction in favour of Viacom 18, restraining rogue websites from illegally streaming IPL Events
It is essential for the legal framework to remain vigilant and responsive to challenges presented by digital piracy, ensuring that protections afforded to copyright and intellectual property are not only theoretical but also enforceable and practical in safeguarding rights and interests of rightful owners.
Examination system does not permit students being penalized for having poor handwriting: Delhi High Court
If the handwriting of a candidate is very poor, an individual examiner may be excused if she/he so observes, on the answer sheet. At the same time, if the handwriting is at all intelligible, the student is entitled to be marked for the answer.
[Section 129-E, Customs Act] | Tribunal has discretion to dispense obligation to deposit duty/interest or penalty in cases of undue hardships: Delhi High Court
Section 129-E of Customs Act, 1962 makes it obligatory to deposit the duty/penalty pending the appeal and if a party does not comply either with the main Section or with any order that might be passed under the proviso, the Appellate Authority is fully competent to reject the appeal for non-compliance.
Recognizing emotional toll of delays in rape cases is crucial; survivors’ appearance in courts for deposition must be minimum: Delhi High Court
The delay in administration of justice not only interferes with the healing process of rape victims, but also prolongs their journey towards closure and recovery of such traumatic experience.
Delhi High Court permits 73-Year-Old NDPS convict, out on bail for 13+ years, to perform Haj pilgrimage
The applicant who is seeking permission to perform Hajj Pilgrimage, is aged about 73 years, and was sentenced to undergo imprisonment for a period of 11 years 6 months, had already undergone a period of 10 years 3 months in judicial custody, before his sentence was suspended by the Court and has been out on bail for past 13 years, and no adverse report has come on record that he has misused the liberty to granted to him.
HIGH COURT MARCH 2024 WEEKLY ROUNDUP| Stories on 2006 Mumbai fake encounter; TATA Memorial hospital; JNU students union elections and more
A quick legal roundup to cover important stories from all High Courts this week.
[Typo-squatting] Delhi HC restrains P. Rajesh Ram from using GOOCLE, GOOGLE, GIPAY, GEOGLE marks in a trade mark infringement plea by Google LLC
The present case is a classic example of typo-squatting, which relies on mistakes or typos made by internet users at the time of entering a website address/URL on the web browser and is bound to create confusion in the minds of the consumers.
Delhi High Court directs rogue cyberlocker websites to take down listings of copyrighted content of Warner Bros, Netflix, Universal City Studios
The rogue cyberlocker websites provide an infrastructure specifically designed to incentivize hosting, uploading, storing, sharing, streaming, and downloading of copyrighted material unauthorizedly.
Arrest and Jail should be resorted in rare cases of contumacious denial to pay the maintenance; Delhi High Court sets aside detention order
A person who has already having been sent to civil imprisonment for a period of three months, cannot be sent to civil prison again in execution of the same decree for a second time.
‘No allegations of tampering with evidence or threatening any person’: Delhi HC grants anticipatory bail to accused persons u/s 336 and 436 of IPC
“Applicants herein have joined investigation, as and when directed by the IO and there are no allegations of tampering with evidence or threatening any person associated with the case.”