High Courts Archives | Page 115 of 591

Mother and father are equally entitled to recognition as child’s parents; Delhi HC directs GGSIPU to include mother’s name in degrees/certificates

“It would be clearly retrogressive if educational certificates, degrees and other such documents reflect the name only of the father of a candidate, eliminating the name of the mother.”

Case Briefs High Courts

Calcutta High Court grants permission to tender Affidavit-in-Chief due to ‘necessity’ and for ‘ends of justice’

Calcutta High Court directed that both the suits are to be heard together after such evidence on recall is completed and granted the respondent the right to cross-examine the petitioner.

Case Briefs High Courts

‘Right to use one’s name on one’s goods cannot be compromised’; Delhi HC denies injunction to Jindal Industries for mark ‘JINDAL’ against mark ‘RN JINDAL SS TUBES’

“The risk of having others bona fide using ‘JINDAL’ as a name for their products, and in the marks used on their products, is a risk that plaintiff consciously took, when it obtained registration of the mark ‘JINDAL’.”

Case Briefs High Courts

Rape matters cannot be resolved through money or out of court settlements; Delhi High Court rejects quashing of rape FIR despite settlement

‘Money, it seems, is to be exchanged for getting a quietus to the present criminal proceedings for offence of rape—a proposition that is not only immoral but also strikes at the very core of our criminal justice system.’

Case Briefs High Courts

Ration Card cannot be considered as address proof; Issued exclusively for obtaining essential commodities from shops: Delhi High Court

“The term “Ration Card” is defined under Section 2(16) of National Food Security Act, 2013 as a document issued under an order or authority of the State Government for the purchase of essential commodities from the fair price shops under the Targeted Public Distribution System.”

Case Briefs High Courts

Is it permissible for an employer to process the resignation request that earlier declined to process? Delhi High Court examines

In Sashastra Seema Bal, nobody can resign as per his own whims and fancies and it is for the Central Government to consider such request, having regard to the special circumstances of any such case and it may eventually accept the resignation with effect from such date as it may consider expedient.

Case Briefs High Courts

[Mumbai Twin Blast] Delhi HC rejects petition filed by death row convict seeking copy of alleged Intelligence Bureau report suggesting false implication of accused persons

“The premise on which the petitioner is relying, the publishing of such newspaper article, cannot be taken as gospel truth.”

Case Briefs High Courts

‘Probationer’s termination is neither per se dismissal nor removal’; Calcutta High Court upholds termination order

Whether the termination, in present case, be termed an innocuous termination simpliciter or an order of punishment based on the alleged misconduct of the petitioner?

Case Briefs High Courts

‘An extrajudicial confession, being weak evidence, requires corroboration’; Calcutta High Court sets aside conviction under Section 302 IPC

The Calcutta High Court criticised the trial court for not properly assessing the evidence and for erroneously applying legal principles and set aside conviction on prosecution’s failure to establish guilt beyond a reasonable doubt.

Case Briefs High Courts

Mere acquittal in a cruelty case filed by wife, cannot be a ground to grant divorce to husband: Delhi High Court

“While human emotions know no bounds and rules, but definitely human sensibilities emanating from mind shall have prevailed for an educated person like appellant to have reigned his affections for third person, with scant regard for respondent who reposed complete faith by entering into vows of marriage.”

Case Briefs High Courts

Look-alike products undermine integrity of fair trade; Obligation upon e-commerce platforms to ensure that sellers’ complete details are available: Delhi HC

“Irreparable harm will be caused if injunction is not granted, as on online platforms and marketplaces, it is extremely easy for sellers to proliferate the images and continue to dupe customers.”

Case Briefs High Courts

Delhi High Court dismisses defamation suit against Senior Advocate applying Doctrine of Absolute Privilege

“While one cannot quibble with the broad proposition that a person, while exercising his right to free speech, cannot make reckless utterances, which tantamount to defaming another person, it has certain exception like utterances made during Parliamentary or Judicial proceedings.”

Case Briefs High Courts

“Accused who has been discharged or acquitted honourably has a right to dignity” Karnataka HC directs Registrar to mask party’s name in the Court’s digital records

Mere erasure of the name of the petitioner in the cause title, does not mean that he is entitled to seek such erasure from the police records. “The direction would be only to enable the internet to forget, like the humans forget. If it is allowed to stay on record, the internet will never permit the humans to forget”.

Case Briefs High Courts

Delhi High Court rules suspension of Members of 7th Delhi Assembly as unlawful; Directs rejoining

Delhi High Court underscored the importance of upholding procedural fairness and constitutional principles in legislative proceedings while acknowledging the authority of the House to maintain discipline and order within its precincts.

Case Briefs High Courts

‘Mental illness not a choice’; Delhi High Court reinstates SSB constable dismissed from service for attempting suicide

“Section 115 of the Mental Healthcare Act, 2017 raises a statutory presumption that any person who attempts to commit suicide shall be presumed to have severe stress and shall not be tried and punished under the Penal Code, 1860.”

Case Briefs High Courts

Temporary separation gives sense of insecurity in spouse’s mind; Delhi HC grants divorce to husband whose wife keeps returning to parental home

“To nurture the matrimonial bond, it is of high significance that parties live together and avoid leaving each other’s company frequently.”

Case Briefs High Courts

Kerala High Court allows transwoman to participate in NCC selection process; restricts directions for authorities to amend eligibility

The petitioner had been subjected to sex reassignment surgery and held a certificate which declared that she now belongs to the female gender.

Case Briefs High Courts

Can candidates be allowed to change category after initiation of recruitment process because of subsequent widowhood, disability?; Raj HC refers matter to larger bench

“Such incidents, including the one involved in the present case, is an Act of God, actual prediction or otherwise whereof, by any stretch of imagination, cannot be within the domain of an individual aspirant or an employer/recruiter.”

Case Briefs High Courts

[GOLD STEP v. GOLD FLAKE] Delhi High Court grants ad-interim injunction to ITC Ltd for its mark ‘GOLD FLAKE’ in relation to cigarettes

“Since defendants are using different marks on outer packaging of the impugned products and identical roundel devices on the individual cigarette sticks, the Local Commissioner is permitted to open cigarette packs to inspect the logos/devices on the individual cigarette sticks.”

Case Briefs High Courts

Complaint for dishonour of cheque to be filed within one month from the date on which cause of action arose: Allahabad HC upholds summoning order

Allahabad High Court said that the petitioner had 15 days’ period to make the payment from the date of receipt of notice, on 08-01-2020, and the said period expired on 23-01-2020. Therefore, the cause of action for filing the complaint arose on 23-01-2020, as per clause (c) of the proviso of Section 138.