High Courts Archives | Page 27 of 591

Bombay HC rejects plea to stay release of film “Sky Force” in copyright infringement case against script titled “Fire Bird”

The proceedings in the present case are not only delayed but can be treated as litigation strategy on applicant’s part to claim urgent circulation and to seek ad-interim reliefs at the eleventh hour when the film is about to be released.

Case Briefs High Courts

Consent to engage in physical relations does not extend to misuse of a person’s private moments in an inappropriate manner: Delhi High Court

The assertion made in the bail application that the complainant, “being a married woman, was mature and intelligent enough to understand the significance and consequences of her actions” is a specious argument that cannot absolve the accused of the allegations levelled against him.

Case Briefs High Courts

‘Granting appointment out of turn would violate fairness & equality’; Bombay HC dismisses plea for compassionate appointment to waitlisted candidate

“The object of compassionate appointment is to relieve the hardship due to the death of a bread winner in the family and the appointment is provided to redeem the family in distress. At the same time, it is to be borne in mind that compassionate appointment cannot be construed as opening an alternative mode of recruitment to public employment.”

Case Briefs High Courts

Punjab and Haryana HC orders reinstatement of a Judge dispensed with service after complaint by his former wife

The Court noted that the report of Administrative Judge with regard to work and conduct of the petitioner was also without granting him an opportunity of being heard.

Case Briefs High Courts

Bail proceedings relate only to the release of a person from ‘judicial custody’ and cannot be employed to seek release from ‘executive detention’: Delhi High Court

The anomaly is that if a foreign national is released from judicial custody on bail while facing charges under Foreigners Act, how can the same foreign national be detained again at a detention centre/restriction centre by executive order for violation of the very same provisions.

Case Briefs High Courts

Bombay HC dismisses plea for postponement of 38th National Games due to denied entry to Maharashtra Women Diving Team for alleged biased & unfair selection trials

Bombay High Court suggested State to seek extension for the entry of Maharashtra Women Diving Team since fresh trials were soon to be conducted.

Case Briefs High Courts

Considerations for bail cannot be same in cases involving anti-national activities, terrorism and involvement with dreaded gangsters: Delhi HC dismisses bail petition of UAPA accused

“This Court while acknowledging that speedy trial is necessary as a Constitutional prescription, observes that in cases involving anti-national activities and terrorism on an international scale, long incarceration in itself ought not to lead to enlargement on bail, when facts showed involvement in such activities which can have a national and transnational impact.”

Case Briefs High Courts

“Necessity for gender-neutral society”; Karnataka HC dismisses plea to transfer divorce petition on account of husband’s greater inconvenience

“Women are the primary victims in most situations, but that does not mean that men are not affected by the cruelty of women. Therefore, there is necessity for a gender-neutral society”.

Case Briefs High Courts

“Gaps in structure attributed to seasonal changes”; MP High Court dismisses plea alleging cracks in newly constructed Flyover

“Since no research or scientific report has been placed by the petitioner to support the claims, we are not inclined to entertain the present petition.”

Case Briefs High Courts

‘Identical marks, identical goods/services and identical target consumers’: Delhi HC grants relief in favour of Rapido in trade mark dispute

“It is clear that the impugned mark has been adopted by Respondent 1 dishonestly to trade upon the goodwill and reputation of the petitioner under the RAPIDO marks and to associate itself with the petitioner.”

Case Briefs High Courts

Punjab & Haryana HC refuses to de-freeze Vuenow Infotech’s bank accounts in Cloud Particle Scam case

“Though the Constitutional Courts are the sentinels of justice, however, this power of judicial review is required to be exercised with due care and caution and interference at the stage of investigation is made in rare and exceptional cases.”

Case Briefs High Courts

BHARAT GATE mark is deceptively similar to INDIA GATE; Delhi High Court restores injunction

The marks INDIA GATE and BHARAT GATE convey the same meaning and the difference in trade dress between the marks as visually depicted on the packages of the appellant’s and respondent’s products would not mitigate the confusion created by the infringement.

Case Briefs High Courts

Orissa HC rejects NEET-UG candidate’s plea who lost Govt. college MBBS seat due to technical glitch in MCC’s Mop-up Counselling Round

The question of the technical glitch was a disputed question of fact, hence, the Court refused to enter into such a disputed question of fact in a proceeding under Article 226.

Case Briefs High Courts

“PIL filed to settle personal score, no illegality in construction of shopping complex”; MP High Court imposes ₹25,000/- cost

“The petitioner has unnecessarily given the negative publicity of this matter against the Panchayat has resulted into delay of sale of the shops.”

Case Briefs High Courts

‘Protracted absence, eluding law, & repetitive bail pleas don’t call for sympathy’: Punjab & Haryana HC refuses anticipatory bail to accused in 5kg opium case

“While liberty and dignity of an individual must be held high, however, no one can be permitted to subvert and cause devolution in the process of justice.”

Case Briefs High Courts

Magic mushroom not a scheduled narcotic or psychotropic substance: Kerala HC grants bail to NDPS accused

In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.

Case Briefs High Courts

Chhattisgarh HC upholds order releasing Retired Municipal Officer’s gratuity withheld sans inquiry on allegation of misappropriating ₹ 10 Lakhs

The Court noted that admittedly, before the respondent’s retirement, neither any departmental inquiry was initiated against him nor was any show cause notice issued to him.

Case Briefs High Courts

‘Limit of 15% marks in viva voce can be exceeded in judiciary exams’; Punjab and Haryana HC denies relief to judiciary aspirant who failed by 6.75 marks

“In matters of recruitment to services, interference to the process of recruitment when otherwise conducted in a transparent, fair and reasonable manner with no allegation of malafides cannot be gone into in the limited power of judicial review of this Court under Article 226 of the Constitution.”

Case Briefs High Courts

‘Co-operation with investigation doesn’t extend to self-incrimination’; Punjab & Haryana HC grants anticipatory bail to accused in Municipal Corporation corruption case

“The investigating agency must instead rely on independent and lawful methods to gather information rather than pressuring the accused to act against their constitutional safeguards. Insisting on custodial interrogation solely for self-incriminatory purposes is unconstitutional and sets a dangerous precedent.”

Case Briefs High Courts

‘Not in excess of permissible 25% quota’; Bombay HC dismisses plea challenging Nomination in recruitment process of District Judges

By Resolution dated 12-04-2017, Permanent Selection and Appointment Committee of the High Court had resolved that for determining quota prescribed under Rule 5 of Maharashtra Judicial Service Rules, 2008, actual working strength of Judges in that cadre as on 31st March of every year had to be taken into consideration.