High Courts Archives | Page 60 of 591

Karnataka High Court strikes down S. 128-A of Karnataka Co-operative Societies Act, for running contrary to Art. 43-B of the Constitution

Section 128-A of the Act of 1959 which empowered the Registrar to completely take away the right of a co-operative society to recruit, transfer or hold disciplinary enquiry against its employees is ultra vires the Constitution

Case Briefs High Courts

[Outraging the modesty of woman] “Words and gestures communicated through e-mails also falls within the ambit of S. 509 of IPC”: Bombay HC

“The legislative intent through Section 509 is to deter an action capable of shocking the sense of decency of a woman. The manner in which the offender shocks such sense of a woman is not restricted to oral abuse or gesture alone, but also include statements, speeches, exclamations, notes, all of which could be in a text form relayed whether physically or electronically.”

Case Briefs High Courts

Bombay HC directs Department of Social Welfare to create email address, social media handle for reporting instances of manual scavenging

The creation of the social media handle and email address and uploading of the information on the website shall be done by the next date of hearing, i.e., 09-09-2024.

Case Briefs High Courts

[Mankind v Mercykind] Delhi High Court directs fresh consideration of Injunction Application in Trademark Dispute

The Court was informed that during the pendency of the present appeal, the Mercykind Pharmaceuticals made significant changes both in its logo and get up of products which are being marketed by it, which would clearly merit consideration afresh by the Single Judge.

Case Briefs High Courts

Allahabad High Court rejects second bail application of a man accused of committing unnatural sex with cows

Allahabad High Court said that no new ground has been taken by the accused in the second bail application

Case Briefs High Courts

Bombay HC quashes circular exempting performance of musical works at wedding from copyright infringement under Copyright Act 1957

The circular dated 30-01-2024 issued by the State of Goa, does much more than just informing the public of the provision of Section 52(1)(za) of the Copyright Act, 1957 and interfered with the enforcement mechanism provided in the Act for exercise or enforcing rights of copyright societies under the Act.

Case Briefs High Courts

Calcutta High Court refuses to restrain media houses and intermediaries from publishing news in petition filed by former principal of R.G. Kar Medical College

‘Omnibus allegations stating that the news coverage would harm the ex-principal and cause irreparable injury to his reputation would not justify curtailing the right guaranteed to the media houses and intermediaries under Article 19(1)(a).’

Case Briefs High Courts

Delhi High Court grants interim protection from arrest to former IAS trainee officer Puja Khedkar

An FIR was registered against Puja Khedkar after she allegedly supplied false information regarding her identity to the Union Public Service Commission.

Case Briefs High Courts

Callous investigation in sexual assault case brought before Additional Chief Secretary (Home Dept.); Bombay HC directs strict remedial measures

The Court was confounded, and its conscience shaken by hearing the evasive and false replies of the Police Head Constable; his demeanour clearly indicated his interest in protecting the accused than the victim of the sexual assault.

Case Briefs High Courts

‘No power to de-empanel a hospital’; Rajasthan High Court quashes Medipulse Hospital’s De-Empanelment under Central Govt Health Scheme

The Court held that the de-empanelment order was issued in contravention of natural justice principles due to the lack of proper notice and opportunity for the petitioner to respond.

Case Briefs High Courts

“No fundamental right violated over non-acquisition of land”; MP High Court dismisses plea challenging land exclusion

The Court noted that the land’s exclusion was based on expert recommendations and legal restrictions, including Regulation 119, which prohibits acquiring land within 45 meters of a railway or highway.

Case Briefs High Courts

Explained | Bombay HC verdict directing UAE Based Parties to disclose assets in India for execution of decree for recovery of money by Luxembourg Company

Although HSBC has initiated the proceedings before the Court in UAE, seeking orders to pay the amount under the facility letters and to obtain a decree, ARF SV 1 Sar-applicant is entitled to pursue the claim in execution in the Courts in India by filing the Execution Application.

Case Briefs High Courts

Allahabad High Court denies bail to Maulana accused of performing Nikaah after forced conversion to Islam

Allahabad High Court said that the informant in her statement recorded under Section 164 CrPC had categorically submitted that she was forced to accept ‘Islam’ and Nikaah was performed. Thus, the applicant being “Religion Convertor” is equally liable under the Act, 2021.

Case Briefs High Courts

Delhi High Court modifies MACT Award to reduce compensation for loss of future income to man with pre-existing disability

The Court calculated the disability incurred by the claimant after the accident so as to determine a just and reasonable compensation.

Case Briefs High Courts

Meghalaya High Court upholds Assam rifleman’s dismissal from service for engaging in polygamy

Rule 10(2) of the Assam Rifles Rules, 2010 provides that “any person subject to the Act, who contracts or enters into a second marriage during the lifetime of his first spouse, shall render himself ineligible for retention in service and may be dismissed, removed or retired from service on ground of unsuitability.”

Case Briefs High Courts

Commission of scheduled offence is a prerequisite for prosecuting an offence under Prevention of Money Laundering Act: J&K High Court

The Court quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA.

Case Briefs High Courts

‘Feeble excuses’; Bombay HC directs administrative action against Judicial Magistrate for non-compliance with order for expeditious disposal of trial

The Judicial Officer’s feeble excuses made in favour of non-compliance with the Court order could not be accepted; Judicial Officer is not performing duties seriously.

Case Briefs High Courts

Bombay HC dismisses PIL filed by firm ‘Crimeophobia’ to constitute Transnational Sanatan Commission; imposes Rs 10,000 cost

The prayers made in the present PIL are not only omnibus in nature but also are multiple in number, covering diverse subjects and have no factual or legal basis for it.

Case Briefs High Courts

Delhi High Court partially sets aside Arbitral Award passed by Sole Arbitrator for failing to appreciate contractual terms subsisting between parties

The direction given by the Sole Arbitrator to exclude the period from 31-03-2015 to 31-03-2017 for calculation of pre-litigation interest was contrary to the express terms in the Agreement made between the parties.

Case Briefs High Courts

Mere absence of affidavit supporting allegations against Judicial Officer does not warrant automatic dismissal of complaint and departmental proceedings: Orissa HC

“While the guideline aims to protect judicial officers from unwarranted harassment, it does not eliminate the possibility of addressing genuine issues faced by individuals or communities due to the actions of a judicial officer. The High Court retains the responsibility to ascertain the authenticity of the complaints and take appropriate action based on verified facts.”