High Courts Archives | Page 137 of 591

SFIO not barred from investigating offences under IPC and conducting ‘further investigation’ after filing of investigation report: Delhi High Court

“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”

Case Briefs High Courts

Not permissible for High Court to convert lesser offence to serious offence in sentence enhancement appeal: Himachal Pradesh High Court

“The appellant submitted that the respondent was liable to imprisonment for not less than ten years and payment of fine of not less than Rs. 1,00,000. However, he was sentenced to undergo rigorous imprisonment for six months and payment of fine of Rs. 1,000.”

Case Briefs High Courts

‘Consider uploading fresh copy of film ‘Jawan’ with accessibility features on OTT platforms’: Delhi High Court to Ministry of Information and Broadcasting

“The Ministry of Information and Broadcasting shall call the producers of the films ‘Jawan’ and ‘Hi Papa’ for consultation and impress upon them the importance of providing these features at least in the OTT release for these two films.”

Case Briefs High Courts

Incentive cannot be given to promote societies’ mindset for light skin preference: Chhattisgarh High Court dismisses divorce appeal by husband

“Entire society of the human race needs to change the dialogue at home, which may not promote the fairness preference of skin.”

Case Briefs High Courts

‘GoI considered geographical terrains of Indian border and Army system across world’: Kerala High Court refuses interference with Agnipath Scheme

“While reducing the age limit from 21 years to 17½ years for recruitment as Agniveers, the Government has considered various aspects including the distinct and challenging geographical terrains in the borders of India and also the system of Army maintained in various world countries.”

Case Briefs High Courts

Madras High Court distinguishes between date of assignment and date of declaration in patent applications

Madras High Court directed the Controller of Patents and Designs to decide the patent application on merits and in accordance with law.

Case Briefs High Courts

Delhi High Court permanently injuncts Bajaar LLC, a US based company from using ‘WinZO’, ‘WinZO Games’, ‘WINZO’ marks

“Defendants are based out of India and are taking shelter under the technological tools to stay away from the Court, while continuing to operate the platform.”

Case Briefs High Courts

Provisional selection of candidate and lack of formal enrolment exclude the applicability of Border Security Force Act, 1968; Calcutta High Court dismisses petition

Calcutta High Court stated that applicable regulations protecting enrolled persons do not apply in present matter, as the petitioner was provisionally recruited, not enrolled.

Case Briefs High Courts

‘Accused deemed to be in constructive custody of Court when released on Interim bail’: Orissa HC

“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”

Case Briefs High Courts

Madras HC sets aside appointment of Transport Commissioner as Appellate Authority under Petroleum Rules, 2002

After perusing Rule 154(2) of the Rules of 2002, Madras High Court said that it is manifested that the Appellate Authority has to be one who is immediately superior to the District Authority. The Transport Commissioner is not superior to the District Authority.

Case Briefs High Courts

Bombay High Court refuses to set aside injunction order passed in favour of Marico Limited product under its brand Parachute

It is no defence to state that others have also infringing the marks/labels of the Plaintiff as the Defendant cannot seek shelter behind other infringers or potential infringers.

Case Briefs High Courts

POCSO| Rajasthan High Court refuses bail to a man accused of rape despite of non-recovery of substantial evidence

“The petitioner argued that both the girls committed suicide by jumping into the canal after writing suicide note. As per report of handwriting expert also, the disputed writing show similarities with the standard writing.”

Case Briefs High Courts

Victim not necessary party, thus not required to be impleaded as party in bail applications under CrPC: Rajasthan High Court

“Had it been the intention of the Legislature, it would have in unequivocal terms mentioned in the statute itself about impleadment of the victim as a necessary party in all cases.”

Case Briefs High Courts

‘Allegations deemed unadmitted without affidavits’; Calcutta High Court disposes of petition alleging Police inaction in suicide case

Emphasising the unfortunate nature of the case, Calcutta High Court urged the petitioner to cooperate with the ongoing investigation.

Case Briefs High Courts

Calcutta High Court directs BHEL to comply with Government Directive for reduction of Performance Guarantees in government contracts

“BHEL falls within the expression “other authority” and, therefore, “State” within the meaning of Article 12 of the Constitution of India. This writ petition is thus maintainable against BHEL.”

Case Briefs High Courts

Insolvency Resolution Professional is not ‘public servant’ under Prevention of Corruption Act, 1988: Delhi High Court

“Whether the Insolvency Resolution Professional is a public servant or not according to Insolvency and Bankruptcy Code or Prevention of Corruption Act, 1988 or Section 21 of Penal Code, 1860, is purely the domain of the legislature and if required, the legislature may carry out necessary amendments to the legislations.”

Case Briefs High Courts

Delhi High Court dismisses plea of PMLA accused(s) alleging illegal detention for want of judicial order granting judicial custody

The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.

Case Briefs High Courts

Madhya Pradesh High Court directs State Government to ensure compliance of Section 43 of POCSO Act ; Grants bail to the accused

Madhya Pradesh High Court granted bail to the accused based on the examination of key witnesses and his extended period of incarceration.

Case Briefs High Courts

Misuse of RTI Act will dilute its importance and make government servants dither from carrying out their activities: Delhi High Court

“The Court has unfortunately been coming across various cases where abuse of Right to Information has led to paralysis and fear among Government officials.”

Case Briefs High Courts

No one, including any litigant or lawyer, can carry arms in Court premises except police official on duty: Allahabad HC issues directions

“The worth of a lawyer flows from his pen, extreme hard work and his understanding of law and not from the barrel of a gun”