High Courts Archives | Page 138 of 591

Bounden duty of State to ensure that Article 21 of Constitution is not violated; Allahabad HC grants interim stay on demolitions in Lucknow’s Akbar Nagar

Allahabad High Court said that it is of no doubt that the petitioners have not been able to demonstrate any prima-facie title in their favor, but have successfully established their possession, even if the said possession is an illegal possession.

Case Briefs High Courts

‘Not in good taste’; Delhi High Court directs ECI to decide on Rahul Gandhi’s ‘false & vilifying speech’ case within 8 weeks

“Though the statements in the speech made by Rahul Gandhi, if true, are not in good taste, yet the Election Commission of India is examining the matter.”

Case Briefs High Courts

Delhi High Court dismisses plea by Centre for PIL and Harsh Mander seeking probe into alleged over invoicing by Essar Group, Adani Group among others

The petitions are premised upon a show cause notice issued by DRI promulgating that the intelligence has indicated that various entities of Adani Group and Essar Group were indulging in gross over-valuation of imported goods (zero or low duty rated) to siphon off money abroad from Public Listed Companies.

Case Briefs High Courts

J&K and Ladakh HC modifies a 5-year-old Trial Court order restraining a man from opening the windows of his house

The High Court opined that the petitioner has a right of opening of windows on his property even if they are facing towards the house of the respondent.

Case Briefs High Courts

Orissa HC grants Rs 10 lakhs compensation to family of a minor who died of dogs attack

“Punishing the offender alone cannot comfort the victim’s family much. Monetary compensation is often the most effective way to ease the family’s pain.”

Case Briefs High Courts

Granting repeated adjournments in routine manner affects judicial system; Rajasthan HC directs Revenue Courts to adjudicate old cases on priority

“The instant case is a glaring case where the petitioners took a time of two decades to complete their evidence and thereafter, the respondents are regularly seeking time to produce their evidence since last more than twenty years.”

Case Briefs High Courts

Bombay High Court upholds maintenance to second wife under Section 125 of CrPC

Referring to the evidence produced by the second wife and her readiness for the DNA test, the Bombay High Court was of the view that the husband could not be allowed to deny maintenance to the second wife.

Case Briefs High Courts

Madras HC remands patent application on ‘Aluminum Trihydrate Particles’ for reconsideration; finds Controller’s order unreasoned

While drawing the conclusion that the application does not fulfil the requirements of Section 16, the respondent has merely referred to the objections raised in the hearing notice.

Case Briefs High Courts

Delhi High Court declares shaded ‘N’ mark of New Balance Athletics, Inc. as a ‘well-known mark’ in relation to footwear

“Global use of shaded ‘N’ logo of New Balance Athletics, Inc., and registration of the logo in India since 1997 along with its enforcement, leaves no doubt that said writing style in respect of footwear is exclusively associated with New Balance.”

Case Briefs High Courts

No mention of mode of service of notice to husband in proceeding under S.125 CrPC; Allahabad HC set aside ex-parte maintenance order

To afford an opportunity to the husband to present his case before the court below and to ensure the just decision of maintenance case filed under Section 125 CrPC, Allahabad High Court set aside the ex-parte maintenance order

Case Briefs High Courts

‘Complete lack of due diligence in prosecution as petition u/s 34 of A&C Act, 1996 dismissed twice’; Delhi HC dismisses application filed for availing benefit u/s 14 of Limitation Act

“In the context of Section 14 of Limitation Act, 1963, what needs to be seen is whether appellant has brought on the record any evidence to show that he is prosecuting the previously instituted suit with due diligence.”

Case Briefs High Courts

Constitutional obligation on States to ensure clean environment; Himachal Pradesh HC dismisses petition challenging NGT’s jurisdiction over eco-sensitive areas

“Record and statistics revealed unplanned development particularly of hotels, lodges, home stays which was in violation of sustainable development. Therefore, exercise of power on the general issue in the Original Application cannot be termed to be suo-moto.”

Case Briefs High Courts

Right to property| Calcutta High Court directs payment of compensation under Article 300A despite substantial delay

Calcutta High Court held that the Municipality’s possession without proper acquisition procedures is deemed illegal, and the State is directed to initiate proceedings and pay compensation.

Case Briefs High Courts

Patna High Court quashes case against Navjot Singh Sidhu for cautioning people of Muslim community about dividing their votes

“From the content of the speech, it does not appear that petitioner has tried to promote feelings of enmity or hatred between two classes of people or two religions but in fact he has only said that Owaisi is trying to divide the votes of Muslims.”

Case Briefs High Courts

Bombay High Court dismisses appeal challenging jurisdiction in view of Section 42 of Arbitration Act

As per Section 42 of the Arbitration Act, notwithstanding anything contained elsewhere or in any other law where with respect to an Arbitration Agreement, any application has been made to a Court which had jurisdiction, that Court alone shall have jurisdiction over the arbitration proceedings which was first approached.

Case Briefs High Courts

Delhi High Court passes John Doe injunction order restraining use of mark WOW MOMO

There are unknown entities holding themselves as authorized franchise agents of Wow Momo Private Limited, whereas it has, in fact, no franchisees.

Case Briefs High Courts

Andhra Pradesh HC acquits man convicted under NDPS Act as negative burden was placed on him to show he did not own the cultivated land

“The criminal liability against the appellant is fastened basing on the so-called version of Accused 1 and 2 which is nothing but confession by exonerating the two accused. The whole approach of the Trial Court in appreciating the evidence on record is not in accordance with law.”

Case Briefs High Courts

Delhi High Court calls the petition filed for claiming property rights on United Province of Agra including Delhi, Gurgaon and Uttarakhand as frivolous; imposes 10,000 as costs

The Petitioner claimed to be the successor and heir of the Beswan family and claims property rights to the Beswan Avibhajya Rajya as its ruler, which consists of United Province of Agra running between river Yamuna and Ganga from Agra to Meerut, Aligarh, Bulandshahr including, 65 revenue estates of Delhi Gurgaon and Uttarakhand.

Case Briefs High Courts

Sanction required under Section 197 CrPC for criminal complaint against Police Officer: Punjab and Haryana HC

It was contended on part of the State that since the complaint was filed by the Court itself, no sanction under Section 197 of CrPC was required.

Case Briefs High Courts

Mental Healthcare Act and Disabilities Act provide for appointment of guardian for people with disabilities, but nothing about person in comatose state: Allahabad HC

Allahabad High Court said that any relative or friend of the person lying in comatose state points out that guardian is not acting in the best interest of the person lying in comatose state, such person will also have the locus to approach this Court for issuance of proper direction and for removal of the guardian.