High Courts Archives | Page 45 of 591

‘Adverse remarks against government servants have deleterious impact on their careers’; Delhi HC obliterates adverse observations against ED in Trial Court’s order

‘The law is clear that custody of an accused can be sought even after filing of a chargesheet or complaint.’

‘Animals are paying a penalty for negligent behaviour of humans’; Delhi HC directs Municipal Authorities and Forest Department to shift monkeys from Delhi

‘If Delhi wants to be a world class city — we all must behave like world class citizens and the civic agencies must become more proactive in setting world class ethics.’

Case Briefs High Courts

‘Faceless framework was established to reduce direct human interaction in assessments’; Delhi High Court dismisses petition to quash reassessment notices for being issued by JAO

‘The Legislature recognized that while strict procedural compliance is fundamental to maintain fairness in assessment process, an inflexible adherence to procedure could inadvertently lead to administrative bottlenecks and a surge in litigation.’

Case Briefs High Courts

Bombay HC quashes FIR against Go Air’s former MD/CEO allegedly involved in sending confidential information in emails

Petitioner’s emails are related to preparation for briefings and presentations and have information about Engines and meetings with the Airbus. Further, emails that are forwarded to his attorney in Austria after resignation, seek legal advice on the issue, relating to his exit from the company and has no concern with the Company’s information.

Case Briefs High Courts

Delhi High Court refuses to interfere in TGTE’s Plea for impleadment in LTTE Tribunal proceedings under UAPA

The petitioner claimed to be the Prime Minister of a trans-national government of Tamil Eelam and the impact of allowing such a person to intervene in UAPA proceedings, not being a member of the LTTE or an office bearer of the LTTE, is far reaching.

Case Briefs High Courts

Delhi High Court grants injunction in favor of New Balance Athletics against local shoe company for trademark infringement

The present suit seeks a permanent injunction against trademark infringement, passing off, and unfair competition arising from the sale of footwear featuring marks that are nearly identical or deceptively similar to the plaintiff’s established N Device and 550 marks.

Case Briefs High Courts

Bar under S.77 of U.P. Revenue Code is not applicable due to no change in Bhumidhari Rights; Allahabad HC upholds State’s use of land for water tank and RCC centre

“Whenever even a very small part of an area, reserved for a public purpose, is used for other public purpose, the Gram Sabha concerned, and officials of State will take endeavour to make out a larger consensus amongst the villagers so that they may not approach this Court to oppose the public cause”

Case Briefs High Courts

Delhi High Court examines legitimacy of GST Show Cause Notices issued against Metal One Corporation, Sony India Limited and others

The Court held that the proceedings initiated in terms of the impugned SCNs and their continuance would be futile and impractical. The impugned SCNs are essentially rendered impotent and would serve no practical purpose.

Case Briefs High Courts

Seizing phone and SIM card essential for forensic examination; Madras HC orders priority review of accused’s phone and future consideration for return

“The data available in the mobile phone has to be converted and thereafter forensic examination of digital evidence has to be made. Hence, the seizure of the phone along with sim card was important as encrypted files are available in the phone. For this reason, the phone was seized, and now sent for forensic examination after obtaining permission from Trial Court.”

Case Briefs High Courts

Bombay HC directs State to constitute committee to prevent misuse of public funds for advertising

Article 144 of the Constitution provides that all authorities, civil and judicial, in the territory of India shall act in the aid of the Supreme Court.

Case Briefs High Courts

Two employees on same post? Rajasthan High Court directs AVVNL to issue fresh transfer order amid conflicting interim orders

The Court opined that the impugned orders resulted in a situation where the Department has been forced to continue with two employees on the same post and this situation cannot be permitted to be continued.

Case Briefs High Courts

If dispute is arbitrable and arbitration clause exists, Courts ought to refer dispute to arbitration under S. 8 of A&C Act, 1996: Gauhati HC

In the present case, Clause 12 of the partnership deed indicated that the Partnership Act, 1932 and its Rules shall cover only those aspects not specifically mentioned in the deed.

Case Briefs High Courts

‘Nominated Authority let its claim get extinguished without protest’; Delhi High Court refuses to interfere with judgment in favour of OCL Iron and Steel Ltd.

‘As per the ‘clean slate’ principle — to get a fresh breath, the successful Resolution Applicant is permitted to proceed in resurrecting the ‘on-going concern’ and no surprise claims are flung upon it, lest the effort of revitalizing and restarting the Corporate Debtor are wasted.’

Case Briefs High Courts

CWC’s orders must prioritize child’s best interests over personal moral values; Kerala High Court grants custody of infant to breastfeeding mother

“Judged by moral standards of the CWC members, the petitioner may not be a good person, but that does not make her a bad mother.”

Case Briefs High Courts

Delhi High Court grants injunction in favor of Yahoo Inc. against trademark infringement by ‘YAAHOO!’ Mouth Freshener

Yahoo Inc.’s investigation revealed that the defendant was producing a mouth freshener under the name “YAAHOO! Mouth Freshener.” that closely resembled the established trademark “YAHOO!”, leading to allegations of trademark infringement and passing off.

Case Briefs High Courts

Calcutta High Court stays suspension and expulsion orders issued by R.G. Kar Medical College Council

The petitioners are aggrieved by an order dated 05-10-2024, passed by the Special College Council Members of R.G. Kar Medical College and Hospital, alleging that they have been arbitrarily subjected to suspension and expulsion.

Case Briefs High Courts

Disability suffered by Army personnel could be attributed to service conditions; Delhi HC refuses to interfere with AFT order

‘The Medical Board Proceedings acknowledged that the posting of the army personnel involved severe/exceptional stress and strain’

Case Briefs High Courts

Maternity Benefits Act takes precedence over contractual conditions for contractual employees: Madras High Court

Madras High Court affirmed that the NRHM Nurses are eligible for maternity leave of 270 days with pay as per the Maternity Benefits Act, 1961

Case Briefs High Courts

Bombay High Court declares ‘Girnar’ as a well-known trade mark in relation to tea

The trade mark/label mark ‘Girnar’ surpasses the scope of merely encompassing products/services sold or rendered under the said trade mark and the recognition, reputation, and goodwill of plaintiff-Girnar Food & Beverages Pvt. Ltd. in its trade mark extended beyond any specific class of goods or services.

Case Briefs High Courts

‘Protection of environment is inseparable part of Right to Life’; Rajasthan High Court takes Suo Moto cognizance on encroachment of water bodies

“Water is an invaluable and precious natural resource essential for the survival of all living beings. We cannot imagine life without water. Let it be animals, plants, they require water to complete their daily metabolic activity.”