High Courts Archives

‘Bodily freedom recognized even in a marriage’: Gujarat HC refuses anticipatory bail to husband accused of sexually assaulting wife

“Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act.”

Case Briefs High Courts

Madras High Court dismisses appeal against Controller’s order, finds Flipkart’s patent novel and inventive

“The entire case of Flipkart rested on the ground of lack of novelty and inventive features in the invention of the patentee.”

Case Briefs High Courts

Delhi High Court dismisses election petition challenging Manish Sisodia’s 2020 Patparganj Assembly Win

“An election petition involves judicial interference with the electoral process and, consequently, with the mandate of the people. For this reason, the provisions of the Act must be construed strictly.”

Case Briefs High Courts

Mere statement of aggrieved person disclosing prima facie ingredients of the offence sufficient to sustain charges under SC/ST Act: Kerala HC

“Just because the witnesses’ statements do not disclose any overt act, that by itself would not be a ground to discharge the accused as law does not insist plenty of witnesses to prove an offence and the evidence of a solitary wholly reliable witness would suffice the purpose.”

Case Briefs High Courts

Madras HC: Single appeal maintainable against common judgment in suit and counter-claim, provided proper court fee is paid

“A prior purchaser not impleaded in a suit for specific performance cannot seek cancellation of the decree but is entitled to a declaration that such decree is not binding on him, along with the consequential relief of injunction.”

Limitation Act computation in contractual termination

Case Briefs High Courts

Orissa High Court bars application of Limitation Act computation method to contractual termination clauses

“Whether the termination would take effect from a particular date has no nexus to the period provided for issuance of the notice.”

Case Briefs High Courts

Delhi HC enforces Amit Malviya’s undertaking; Stays defamation complaint against RSS Member

Amit Malviya had filed a criminal defamation complaint before the Patiala House Court against Santanu Sinha, a Rashtriya Swayamsevak Sangh (‘RSS’) member, regarding Facebook posts made by him.

Case Briefs High Courts

“Section 498A IPC not panacea for all matrimonial ills”: Karnataka High Court quashes FIR against husband and his family

“Minor skirmishes that happens in the family between the husband and the wife are projected to become a crime for offences punishable under Section 498A of the IPC or even under Section 504 IPC”

Case Briefs High Courts

Rubbing penis against child’s private part not ‘Penetrative Sexual Assault’ under POCSO Act; Delhi HC modifies sentence

“The accused in this case was a doctor to whom the child was sent for medicine. The accused was in a position of authority and trust, and it was such a position that had been misused by him… In such circumstances, no leniency is called for.”

Reinstatement does not preclude conducting enquiry

Case Briefs High Courts

Mere reinstatement does not preclude conducting departmental enquiry over past misconduct: Rajasthan High Court dismisses Health Officer’s plea challenging penalty order

“The nature of the misconduct proved against the petitioner, viewed in the context of the duties and responsibilities attached to the post held, cannot be said to be trivial or inconsequential.”

Case Briefs High Courts

Delhi High Court protects Aaj Tak logo from trade mark infringement

The plaintiffs submitted that they had been using their distinctive logo with the word AAJ TAK written in hindi in white color against a red background with a black outline since 1995 and it had acquired a secondary meaning.

Case Briefs High Courts

Bombay HC imposes Rs 50,000 costs on litigant for unverified AI- Generated Submissions

“If an AI tool is used in aid of research, it is welcome; however, there is great responsibility upon the party, even an advocate using such tools, to cross verify the references and make sure that the material generated by the computer is really relevant, genuine and in existence.”

Case Briefs High Courts

Jharkhand High Court: Concealment of age and murder conviction before marriage amounts to mental cruelty, destroys trust

“The conduct of the wife by concealing the material fact about her age and her conviction of life in a murder case, before contracting marriage, has caused mental agony to the husband to such an extent that it is almost impossible for them to live together.”

Case Briefs High Courts

Delhi HC extends ad-hoc licensing agreement in PPL-Pass Code Hospitality copyright dispute

“The ad hoc arrangement was directed purely as an interim arrangement so that Defendant 1 can continue to use the sound recordings of the plaintiff’s repertoire and, at the same time, the plaintiff is protected by way of deposit of ad hoc license fees, out of which certain amount was permitted to be withdrawn by the plaintiff”

Case Briefs High Courts

Employee entitled to TDS credit despite non- deposit of deducted tax by the employer: Gujarat High Court

The petitioner’s employer, Kingfisher Airlines, had deducted the Tax Deducted at Source from the petitioner’s salary but had not deposited the same in the Central Government Account

Case Briefs High Courts

Karta’s liability for HUF debts is personal and unlimited; ‘Seat Court’ retains jurisdiction to enforce award beyond territorial limits: Bombay HC

“Karta’s liability for unsatisfied debts or dues of the HUF is personal and unlimited. The Karta’s contention that HUF was a separate entity or akin to a body corporate was rejected and it was clarified that this was only for limited purposes like taxation or at most where liability beyond even the Karta.”

Case Briefs High Courts

Custody of one child does not dilute husband’s duty to maintain wife and other child living with her: Delhi High Court

“At the stage of consideration of interim maintenance, this Court is neither expected nor required to embark upon a detailed inquiry or conduct a mini trial to resolve such disputes conclusively.”

Case Briefs High Courts

Second marriage during subsistence of first remains void despite first wife’s death; Orissa HC denies Family pension to second wife

“The Hindu Marriage Act does not recognise childlessness as a justifiable circumstance for entering into wedlock with a person who is already in the subsisting wedlock with another.”

Case Briefs High Courts

Alleged Misuse of Police Powers under Gangsters Act: Allahabad HC slams UP Home, Police Department for non-compliance with Court orders, flags “lackadaisical approach”

“Such an approach seemingly proceeds on the erroneous assumption that the power to issue notifications, being vested in the executive branches, may be exercised without due application of mind, by resorting to unfettered discretion and without examining the consequential effects thereof.”

Bail to husband to support wife after child birth

Case Briefs High Courts

‘After giving birth, wife needs her best companion’: Punjab and Haryana High Court grants six week’s bail to husband in NDPS case

In the case at hand, the petitioner’s wife had just given birth to a female child, thus, he approached the Court for bail to look after their well-being.