High Courts Archives | Page 146 of 591

Decoding Madras HC verdict in PG Medical Seat Scam which denied admission to 28 students selected on merit by CENTAC

Medical profession deals with life of people and any compromise on merit would have a delirious effect

‘Lost all rights on expiry of Franchise Agreement’, Delhi HC restrains former franchise holder, Sripati Bhushan Srichandan from using mark ‘BACHPAN’ in relation to play school services

“Defendants are directed to ensure that reference to the mark ‘BACHPAN’, either as a word mark or as a device mark, is removed from all physical and virtual sites on which the mark might be reflected in association with defendants.”

Case Briefs High Courts

Calcutta High Court upholds Special Designated Court’s power to try scheduled as well as other offences under PMLA

Calcutta High Court rejected the arguments regarding the discretionary nature of the provision and upheld the mandatory language of Section 44(1)(c) of the Prevention of Money Laundering Act, 2002.

Case Briefs High Courts

No mandate under CrPC for witness to appear before Court only when summoned; Andhra Pradesh HC sets aside conviction considering contradictory evidence of witnesses

“Unless there is any blatant mistake or error on the face of the record which may lead to miscarriage of justice, the Revisional Court shall not exercise its diligence over the matter.”

Case Briefs High Courts

Delhi High Court grants injunction in favour of Sun Pharmaceuticals Industries for its mark ‘SUN’

The suit was filed against the marks FERTISUN used per se as well as with the suffixes F and L as FERTISUN-F and FERTISUN-L and the corporate name of the defendant ‘LaurenSun Remedies Pvt Ltd’.

Case Briefs High Courts

Tenant’s rights in redevelopment cannot eclipse landlord’s rights of ownership: Bombay High Court

“What the tenants really seek is not just a right to dictate the terms of that tenancy beyond anything the law contemplates, but to impermissibly expand tenancy rights to the prejudice of the property owner — without taking the slightest steps to acquire those ownership rights.”

Case Briefs High Courts

Orissa High Court refuses bail to NDPS accused transporting 476 kgs Ganja to Punjab

Considering the huge quantity of contraband seized and progress of trial, the Court refused to grant bail.

Case Briefs High Courts

Can scheme for compassionate appointments adopted by Regional Rural Banks operate retrospectively? Allahabad HC refers to Larger Bench

“Compassionate appointment is never a part of service condition of any employee or a vested right”

Case Briefs High Courts

Pacific Metro Mall charging parking fee does not violate Unified Building Byelaws for Delhi, 2016 or Master Plan for Delhi-2021: Delhi High Court

“There is no provision in the Unified Building Byelaws for Delhi, 2016 which proscribe charging of fees or controls the terms on which buildings are used.”

Case Briefs High Courts

Delhi High Court decrees against various domain names from using the mark AAJ TAK or alike

As per a status report dated 20-11-2023, the use of the mark ‘AAJ TAK’ has been disabled on all channels, and the domain names have been either suspended, locked or blocked.

Case Briefs High Courts

Request for money by husband to arrange job with promise to repay does not amount to ‘dowry’ u/s 2 of the Dowry Prohibition Act: Orissa HC

“Demand for dowry should be the continuing cause for the death of the married women. Cruelty can be mental, or it can be physical. Every instance of cruelty and related harassment has a different impact on the mind of a woman.”

Case Briefs High Courts

Delhi HC restrains DJ Light and Sound Association Chandigarh from misinforming public that no licence required to play Phonographic Performance Limited music recordings

“It is further pointed out that, without filing any response to the present plaint, Defendant 2 is continuing to mislead the public into believing that no license is required to be obtained from the plaintiff before exploiting the recordings in which it has copyright.”

Case Briefs High Courts

‘Special Judge failed to appreciate requirement of proving charge beyond reasonable doubt’; Calcutta High Court quashes conviction under Essential Commodities Act, 1955

Calcutta High Court emphasized that the prosecution did not provide sufficient evidence to establish when and how the rice was weighed.

Case Briefs High Courts

Unexplained prolonged criminal trial violates constitutional rights; Denial of Government Servant’s rights impending delayed trial is double jeopardy: Orissa HC

“The act of keeping the petitioner’s promotion recommendation in sealed cover without even once subjecting it to review, is nothing but adding insult to an injury”.

Case Briefs High Courts

Accomplishments of athletes with intellectual disabilities often forgotten; Delhi High Court allows PIL highlighting irregularities in functioning of Special Olympics Bharat

The Court appreciated the incredible accomplishments of the athletes that represented India in the Special Olympics World Games, 2023 held in Berlin under the able and commendable guidance of SOB The athletes representing India finished their campaign with 200 medals.

Case Briefs High Courts

Delhi High Court directs Bar Council of Delhi to act against advocate for alleged fabrication of document placed on record

Delhi High Court noted that after coming to know that the said document was manufactured, respondent 1 filed a complaint before the Bar Council of Delhi against Mr. Sanjay Aggarwal, Advocate.

Case Briefs High Courts

Depriving furlough to convict undergoing long term imprisonment counterproductive to reformative approach: Delhi HC grants furlough to man convicted of rape and murder of minor

“Only on the basis that the convict has committed a gruesome crime many years ago, it cannot be said that his temporary release on furlough would be against the interest of the society.”

Case Briefs High Courts

Obtaining licence to run restaurant without specifying any area as smoking zone, does not entitle owner to run restaurant as hookah centre: Telangana High Court

“Restrictions imposed by law for supply and serving of tobacco products including serving hookah cannot be said to be violative of Article 19(1)(g) of the Constitution.”

Case Briefs High Courts

Delhi High Court restrains rogue websites from disseminating copyright content of Universal City Studios

Technology has posed a major challenge for entities like the Plaintiffs as there is a proliferation of many platforms including websites from where unauthorised, unlicensed and pirated content of the Plaintiffs can be downloaded, accessed and viewed by customers and viewers.

Case Briefs High Courts

Offences u/s 21 of POCSO Act bailable; pre-arrest bail not maintainable: Himachal Pradesh High Court

“The classification of the offences under the Criminal Procedure Code clearly shows that if the offences are punishable with imprisonment for less than three years, the offences are bailable and non-cognizable.”