High Courts Archives | Page 148 of 591

Explained | Allahabad HC permitted Amity University student to give MBA exam who was initially denied taking exam due to inadequate attendance

The matter was expedited, with the Chief Justice personally hearing the case at his residence on the same day.

Explained| Madras HC verdict on Single Judge order which directed Madras Bar Association to pay Rs. 5 lakh compensation for discriminating against non-member

“Lawyers, as a whole, belong to a separate homogenous group called ‘Gentlemen’. However, it is unfortunate that the said homogeneous community is trying to use this Court to create a casteist atmosphere which is highly deprecated”

Case Briefs High Courts

Delhi High Court restrains RPS Infrastructure Limited from using World Trade Centre marks or WTC logos

Clause 2.6 of the MOU signed between the parties clearly stipulates that upon termination/determination of this agreement the developer/respondent shall have no right to use any brand/mark associated with the consultants/petitioners, and/or any brand/mark identical or deceptively similar thereto, in relation to Project, expansion or part thereof.

Case Briefs High Courts

75% quota for Haryana residents in private sector jobs unconstitutional: Punjab and Haryana High Court

Punjab and Haryana High Court opined that the restrictions imposed through the 2020 Act have far reaching effect and cannot be held to be reasonable in any manner.

Case Briefs High Courts

Blenders Pride v. London Pride | “No prima facie case”; Madhya Pradesh High Court refuses to pass temporary injunction in trademark infringement suit

“A consumer going into the market to purchase premium/ultra-premium whisky will not be confused by the word ‘Pride’ in the name of any brand. The mark has to be compared as a whole.”

Case Briefs High Courts

Delhi High Court grants bail to Ajay Kumar, former director of Amrapali Group, Noida in the residential project cheating case

FIRs were registered on the complaints of homebuyers, who have alleged that Amrapali Leisure Valley Private Limited, Amrapali Dream Valley Private Limited, and their directors/officials, including the applicant have committed offences of cheating, fraud and criminal breach of trust in respect of various residential projects in Greater Noida, Uttar Pradesh.

Case Briefs High Courts

No proper coordination between different Govt. departments, not a defence for not complying with Court’s orders: Delhi HC directs Finance secretary to be present for next hearing

Delhi High Court opined that, if the orders passed by this Court would not be implemented, it would lead to a situation where each department of the Government would be raising objections to the statement made by the other department.

Case Briefs High Courts

‘A detailed enquiry be initiated on the failure on the part of the Faceless Assessing Officer’; Bombay HC holds assessment order by FAO as time barred

The case of the petitioner is quite elementary, and we are constrained to observe the complete apathy and negligent approach of the assessing officer concerned in discharging his duties, by the provisions of the Income Tax Act, 1961.

Case Briefs High Courts

‘Married man living a lustful and adulterous life with unmarried woman, may constitute bigamy’; Punjab and Haryana High Court refuses relief to live-in couple

Punjab and Haryana High Court regarded the instant petition as a scheme to get away from criminal prosecution, just to obliquely obtain the seal of this Court on their conduct.

Case Briefs High Courts

Delhi HC grants stay on Tiz Hazari Court’s order vacating ad-interim injunction restraining Home Needs from using marks ‘POLO LIFETIME’, ‘RALPH LAUREN’ and word ‘POLO’

“The trade marks POLO/RALPH LAUREN/POLO PLAYER DEVICE are liable to be recognized as ‘well-known’ marks as defined under Section 2(1)(zg) of the Trade Marks Act, 1999.”

Case Briefs High Courts

Delhi High Court sets aside direction furnishing bank guarantee being violative of principles underlying Order 38 Rule 5 CPC

Whilst the court is not unduly bound by the texts or Order XXXVIII Rule 1 and 2 or Order XXXVIII Rule (5) or any other provisions of CPC, the substantial principles for grant of such interim measures cannot be disregarded.

Case Briefs High Courts

Madras HC directs tax department to investigate misuse of login ID and Password of dealer by third party, enabling tax evasion

Madras High Court said that if the complaint of the petitioner turns out to be untrue or was intended to facilitate fraud being committed using the login ID of the petitioner, the assets of the petitioner shall be brought to sale.

Case Briefs High Courts

Delhi High Court directs Mohalla Tech (P) Ltd. to remove Zee’s copyrighted content from ShareChat and Moj Apps and websites

“There is no injunction on Mohalla Tech (P) Ltd. using the cover versions, remixes or user generated content.”

Case Briefs High Courts

‘In accordance with Article 16(5) of Constitution’; Andhra Pradesh High Court upholds termination of employee from service who ceased to be a Hindu

“Petitioner is conscious of the fact that he is a Christian and his marriage is with a Christian lady and the marriage is solemnized in a church as per the Christian rites and church formalities.”

Case Briefs High Courts

Delhi High Court| Increasing MRP of non-scheduled formulation to maximum permissible increase of 10% in a year not necessary

The 10% increase in MRP permissible under Para 20 of Drugs (Price Control) Order, 2013 must be calculated based on the actual MRP of the non-scheduled formulation in the preceding twelve months and not based on what was the MRP permissible for the preceding twelve months.

Case Briefs High Courts

‘No sufficient evidence to prove prosecution’s case beyond reasonable doubt’; Allahabad HC acquits 3 convicts in 1999 rape and murder case of a 13-year-old girl

Allahabad High Court said that there is a serious discrepancy in the eyewitness testimony. It does not match with other evidence, material and circumstances.

Case Briefs High Courts

Karnataka HC refuses to interfere with State Govt’s decision to cancel recruitment examination for the post of Police Sub-Inspector and order a re-examination

Examination for the recruitment for the post of ‘Police Sub-Inspector (Civil)’ previously conducted on 21-01-2021, was marred by irregularities such as paper leakages, which necessitated the decision of the Govt. to order a re-examination.

Case Briefs High Courts

Delhi High Court restrains use of words ‘SHRINATH’ and ‘SHREENATH’ in relation to tour and travel services; grants injunction to Shrinath Travel Agency

“The slight difference in defendants’ spelling, i.e., SHRINATH or SHREENATH really makes no difference to the aspect of infringement, as plaintiffs holds a registration for the word mark ‘SHRINATH’ per se.”

Case Briefs High Courts

[Trade mark Infringement] Madras HC restrains sale of Sunfeast Mom’s Magic butter cookies in blue wrapper, being deceptively similar to Britannia Good day

There will be confusion in the market, especially, in the nature of the product being Cookies, sold in the shelves of supermarkets, any ordinary customer looking at the shelf is bound to be deceived. Therefore, the product of ITC Ltd. is deceptively similar to that of Britannia.

Case Briefs High Courts

Delhi High Court issues directions in relation to guidelines for inspections by Child Safety Monitoring Committee

“The Chairperson as head of the Committee will decide which school is to be inspected on a particular day and an intimation in advance will be given to the members. If the member/s does not remain present at inspection time, the inspection shall be made in their absence by the Chairperson.”