High Courts Archives | Page 151 of 591

‘Permissive possession does not create possessory rights’; Calcutta High Court upholds KMDA’s right to cancel the land allotment

Calcutta High Court held that the physical possession of the land was not given to the petitioners, and no lease deed was executed in their favor, leading to the conclusion that they were in permissive possession.

Case Briefs High Courts

Delhi High Court| Remedy under Section 13(10) of SARFAESI Act cannot be considered as a remedy independent of the RDB Act

The Court is unable to accept that the legislative intent is to provide parallel regimes for the recovery of debts. The provisions of Section 13(10) of the SARFAESI Act, thus, cannot be interpreted in the manner as contended on behalf of the petitioner.

Case Briefs High Courts

State is not expected to deprive lawful benefits of employees; Himachal Pradesh HC grants service benefits to employees from initial date of appointment on contract basis

“It appears, in order to avoid its liability to pay salary attached to the post and to deprive the employees from lawful service benefits available to them, exploitative policy of contract appointment for initial five years is being adopted and practiced.”

Case Briefs High Courts

‘Disabled persons compelled to run pillar to post by organisation like KVS’; Delhi High Court directs Social Justice Ministry to issue guidelines for the implementation of reservation policy

It is unfortunate that disabled persons are being compelled to file writ petitions and are being compelled to run from pillar to post by an organization like KVS. They are not claiming any charity, and they are claiming their rights as guaranteed to them under the RPwD Act.

Case Briefs High Courts

Fact of consensual relationship should be taken into consideration while granting bail in POCSO cases: Allahabad HC

“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays often it has become a tool for their exploitation”

Case Briefs High Courts

‘INDIAN STAG’ deceptively similar to ‘ROYAL STAG’, but no case of passing off made out in favour of Pernod Ricard India: Delhi High Court

“In view of pictorial depiction of stag, the “STAG” part of plaintiff’s mark has necessarily to be held to be its essential and dominating feature and the use, by defendant, of word STAG along with pictorial depiction of stag, clearly indicates imitation, by defendant, of essential features of plaintiff’s mark.”

Case Briefs High Courts

[UP Revenue Code] Plaint cannot be rejected in an Injunction suit not seeking demarcation of boundaries: Allahabad HC

“Proceedings under Section 24 of the UP Revenue Code, 2006, are summary in nature while an injunction suit filed by the respondent is a regular suit.”

Dream11 Dreamz11 permanent injunction trade mark

Case Briefs High Courts

[Dream11 v. Dreamz11] Delhi High Court grants permanent injunction in favour of Dream11 in trade mark dispute

“The confusion is exacerbated by the look and feel of the defendants’ website which has, obviously, deliberately and intentionally, been made to copy the plaintiffs’ website.”

Case Briefs High Courts

Conviction can be based only on cogent, reliable and credible evidence of official witnesses: Himachal Pradesh High Court

“Presumption is that every witness is impartial and independent, unless proved contrary. There is no presumption for doubting the credibility of official witnesses, in principle.

Case Briefs High Courts

Wife residing in Australia cannot initiate divorce proceedings in India upon a casual visit; Allahabad HC interprets the word ‘residing’ in S.19 HMA

“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”

Case Briefs High Courts

Merely because a person has been named in a suicide note, one can’t jump to conclusion that such person is the offender under S. 306, IPC: Karnataka HC

The Court stated that examination of contents of the suicide note and other attending circumstances if necessary to ascertain whether such person has committed the offence of abetment to suicide or not.

Case Briefs High Courts

Information Technology and Administrative Services provided by Singapore Entity to its Indian affiliate cannot be construed as Fees for Technical Services: Delhi HC

“The agreement between the respondent and its Indian affiliate had been effective from 01-01-2010, and if, technical knowledge, experience, skill, and other processes had been made available to the Indian affiliate, the agreement would not have run its course for such a long period.”

Case Briefs High Courts

Andhra Pradesh High Court grants four weeks interim bail on medical ground to N. Chandrababu Naidu in Skill Development Case

“It is this Court’s steadfast belief that a patient in need of medical attention should be granted immediate, effective, and comprehensive treatment. Additionally, the choice of the medical facility for treatment should remain with the patient.”

Case Briefs High Courts

Approval of Resolution Plan under IBC extinguishes all claims, dispute cannot be urged again before Arbitral Tribunal: Delhi High Court

“The IBC and the resolution process does not contemplate matters being left inchoate. In fact, it exhorts one to accept the seal of finality and quietude which stands attached to the approval of a Resolution Plan.”

Case Briefs High Courts

Allahabad HC upholds Trial Court’s interim order restraining a manufacturer from using ‘Musa Ka Gul Super’ Trade Mark

“The dissolution of partnership is one aspect and its effect on carrying on business by making different arrangements to defeat rights of a registered trade mark owner, is altogether a different thing”

Case Briefs High Courts

[Paristone v. Prestige] Delhi High Court restrains manufacturers from using trade dress identical to “PRESTIGE” mark for its pressure cookers

“That defendants have chosen to imitate the manner in which plaintiff prints its logo is itself testimony to the goodwill and reputation of plaintiff, in the perception of defendant itself.”

Case Briefs High Courts

Second bail application concealing facts leads Punjab and Haryana HC to impose 1 lakh cost on lawyer

“Exemplary costs need to be imposed so that no one could dare to take the Courts for a ride.”

Case Briefs High Courts

Delhi High Court directs Tree Officer and Municipal Corporation of Delhi to ensure preservation of 140-160 years old banyan tree in Nai Sarak’s area

“The Tree Officer and the Officer concerned of MCD were directed to conduct an inspection at least once in four weeks to ensure that the site is being maintained in a manner conducive to the preservation of the banyan tree.”

Case Briefs High Courts

Read why Allahabad HC took suo motu cognizance of deficiencies in running child care institutions

Allahabad High Court directed the State Government to undertake an exercise for admission of the children in reputed schools in the vicinity of the homes.

Case Briefs High Courts

Delhi High Court restrains Franchisebyte from advertising, publishing video reflecting WOW! MOMO mark

“In a case such as this, if injunction is not granted ex parte, it would result in the defendant continuing to defraud the public at the expense of the plaintiff.”