High Courts Archives | Page 144 of 591

Employee cannot be penalized for employer’s failure to deposit TDS: Delhi High Court

“If petitioner is able to obtain any amount of money towards tax deducted from his income at source for Assessment Years 2009-10, 2011-12 and 2012- 13 from his employer, the same shall be deposited by him with the revenue.”

Case Briefs High Courts

Madhya Pradesh High Court grants Maternity Leave to Contractual Employee in miscarriage case; says Contract doesn’t restrict the same

The instant matter was remitted to the respondents for a fresh decision on the petitioner’s maternity leave, with a directive to comply within a specified timeframe.

Case Briefs High Courts

Deprivation of livelihood violates Article 21 of Constitution; employer must circumspect before taking away livelihood on stigmatic grounds: Rajasthan High Court

“Even otherwise, trite law it is in service jurisprudence that a stigmatic order passed on ground of alleged misconduct cannot be sustained unless a proper enquiry in accordance with law has been conducted.”

Case Briefs High Courts

Inside Madras High Court’s verdict in 1997 Disproportionate Assets case against former Minister of labour welfare A.M. Paramasivam and his wife

Madars High Court held that having obliged her husband to keep the ill-gotten income other than the known source of income, by lending her name for purchase of properties both in her name and in the name of her minor children, showing her as guardian, she is guilty of abetment under Section 109 of IPC.

Case Briefs High Courts

Delhi High Court allows Mankind Pharma Limited to run modified advertisement on DMF Quality APIs with disclaimer

Delhi High Court directed Mankind Pharma Limited to run a modified advertisement i.e., original advertisement with the disclaimer that DMF is not mandated under Indian law and is not a quality norm for products in India.

Case Briefs High Courts

Whether expression “any application for grant of a patent for an invention” in S. 39 (1) applies to a patent of addition? Madras HC answers

“The application for grant of a patent of addition cannot be filed earlier than the date of filing of the application for grant of patent for the main invention; it cannot be granted before grant of the patent for the main invention; the term of the patent of addition shall not exceed that of the main invention, even if granted later than the main invention”

Case Briefs High Courts

Calcutta High Court affirms right to seek de-requisition; directs Collector to issue formal order of de-requisition

The Calcutta High Court establishes the legal consequences of a court order setting aside requisition and its impact on subsequent attempts to acquire or lease the land.

Case Briefs High Courts

Calcutta High Court affirms Director’s liability under Section 32 of Industrial Disputes Act, 1947; directs compliance of compensation order

The Industrial Disputes Act, 1947 “is a beneficial legislation, for the benefit of the workmen and not paying the compensation since 2007 is clearly an abuse of the process of law.”

Case Briefs High Courts

‘Welfare of child is of prime consideration’: Delhi High Court rejects father’s application to move his seven-year-old child to different school

“If the intent of the appellant is to get the child admitted in Venkateshwar International School, Dwarka, the said school has a branch in Rohini and the respondent is agreeable if the appellant can ensure the admission of the minor child in the said school at Rohini.”

Case Briefs High Courts

‘Deceptively similar to Sun Pharma’s mark ABZORB’; Delhi HC restrains Protriton Products LLP from using mark ‘ABBZORB’ in relation to health supplements

“Even if two device marks are visually completely dissimilar, and if their textual components are deceptively similar to each other, then visual dissimilarities between marks, owing to “added matter”, pale into insignificance, where infringement is concerned.”

Case Briefs High Courts

Delhi High Court dismisses India-Pakistan ‘Super Basmati’ Rice Dispute for non-prosecution

“Basmati has also been registered as a geographical indication under the provisions of the Geographical Indications of Goods (Registration and Protection) Act, 1999 in India.”

Case Briefs High Courts

Beyond individual victims: Delhi High Court refuses to set aside order convicting man for offence u/s 6 of POCSO; says such crimes “cause ripples through society”

“In discussions surrounding the empowerment of women, education is rightly recognized as a fundamental pillar. However, when such incidents occur that force a girl to abandon her studies, the very notion of empowerment is compromised and society at large bears the consequences.”

Case Briefs High Courts

Calcutta High Court upholds conviction under Section 304 IPC with modified sentencing in light of post-remission release

Calcutta High Court found no loopholes in the trial court’s analysis of the evidence, concluding that the appellant’s guilt under Section 304 IPC was proved beyond a reasonable doubt.

Case Briefs High Courts

Calcutta High Court quashes Disciplinary proceeding against Visva-Bharati University’s Professor over alleged failure to address student agitation

Calcutta High Court observed that there exists lack of correlation between evidence and charges, failure to address the petitioner’s defense, and overlooking crucial factors.

Case Briefs High Courts

Calcutta High Court directs Police to allow public meeting to raise issues of public importance, ensuring safety and security

The Calcutta High Court emphasised the need for a level playing field for all organizations, including political entities, in exercising the right to assemble and hold a public meeting.

Case Briefs High Courts

Delhi High Court quashes charges against public servant for lack of sanction under S. 197 CrPC

The individual against whom the allegations are made, ought to be a ‘Public Servant’ whose appointing authority is the Central Government or the State Government to entitle him to the protection under section 197 CrPC and not to every public servant.

Case Briefs High Courts

Delhi High Court grants injunction to Emerald Enterprises for its mark ‘EMERALD’ in relation to valves

“The name, the goods and the class of customers is identical. The Plaintiff was a long prior user of the mark and name ’Emerald’ for valves and the Defendant’s adoption is recent.”

Case Briefs High Courts

Madras HC directs IRDAI to place AYUSH treatment on a par with allopathic treatment; Asks it to direct insurance companies to reimburse insurance amount on equal scales

“Traditional treatment must also be encouraged, and it must get the same weightage as is given to allopathic treatment”

Case Briefs High Courts

Calcutta High Court upholds widowed daughter’s right to family pension in Non-Government colleges

“The family pension scheme is socio-economic requirement of the Constitution of India which is a welfare State one and the object of introduction of the scheme of family pension is to assist the dependent of the deceased employee/pensioner or his/her family.”

Case Briefs High Courts

Pensioner entitled for provisional family pension till determination of criminal appeal with respect to Rule 22(1) of Assam Services (Pension) Rules, 1969: Gauhati HC

The High Court opined that pension being a very valuable right, the legislature in its wisdom, had incorporated Rule 22 of the 1969 Rules, so that a pensioner survives till the allegations attain finality.