High Courts Archives | Page 66 of 591

Allahabad HC directs UPPSC to respond to candidate’s plea alleging marks disparity in U.P. Judicial Service Civil Judge examination 2022

Allahabad High Court noted that the final result was declared on 30-8-2023. Almost 11 months have passed since then, the petitioner had not approached the Court any earlier.

Case Briefs High Courts

‘Consent derived in fear of injury or misconception of fact is no consent’: Bombay HC refuses to quash proceedings against accused for offences including rape

The Court noted that Section 90 of IPC does not define the term “consent”, but the law does not see “consent derived from a fear of injury and misconception of fact” as consent.

Case Briefs High Courts

Why did Delhi HC refuse to grant ICAI ad interim injunction against Netflix for staying release of series ‘Tribhuvan Mishra CA Topper’?

“It is a series which appears to be more in the genre of comedy, and merely describes the main character as a topper in Chartered Accountancy Examination. It is neither intended nor can be perceived to be derogatory to the profession of Chartered Accountancy.”

Case Briefs High Courts

MP High Court denies CBI investigation in Fake Encounter case; increases cost payable by State to Rs. 1,00,000/- for police’s insensitivity

“There is no explanation given by the Police before the writ Court, as well as before this Court as to why no action was taken on the complaint made by the petitioner about the missing of her son.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to Adidas AG in suit filed for infringement of ‘ADIDAS’ trade mark

It was said that when a mark as distinctive and well-known as “Adidas” is copied, it can dilute the mark’s distinctiveness and harm the brand’s reputation, irrespective of the differences in the product categories.

Case Briefs High Courts

J&K and Ladakh HC takes suo motu cognizance vis-a-vis return of drowned Indian youth’s body from Pakistan

The instant PIL was filed on behalf of the parents of the youth who drowned in the Chenab River under mysterious circumstances and whose body was later found in Pakistan.

Case Briefs High Courts

‘No material to formulate any substantial question of law’; Tripura HC dismisses appeal filed u/S 100 of CPC

‘The contention that the appeal is not maintainable under Section 100 of CPC cannot be accepted, rather the appeal filed by appellant is maintainable before the Court as the order of Additional District Judge is a decree.

Case Briefs High Courts

‘Shocking that an advocate in robes is seeking protection to run brothel’; Madras HC directs Bar Council to ascertain genuineness of his enrollment and educational certificates

“The Tamil Nadu Government to prevent the exploitation of women and trafficking of women, has enacted an Act, viz., the Immoral Trafficking (Prevention) Act, 1956. This Act has been enacted with an aim to prevent the commercialisation of vices and the trafficking of females. This Act does not declare sex work as illegal. However, it prohibits running of brothel centres.”

Case Briefs High Courts

“Took almost five decades for Centre to realise its mistake”; Madhya Pradesh High Court on ban on Govt. Employees from joining RSS

“The Court laments the fact that it took almost five decades for the Central Government to realise its mistake; to acknowledge that an internationally renowned organisation like RSS was wrongly placed amongst the banned organisations of the country and that its removal therefrom is quintessential.”

Case Briefs High Courts

[Anti CAA Protests] Delhi Police have done so far is “too-little, too-late”; Delhi High Court directs transfer of death investigation of young man to CBI

The leitmotif that “justice should not only be done but should manifestly and undoubtedly be seen to be done”, must not be limited only to court proceedings, but must also apply proprio-vigore to investigation of crime. Investigation must also be seen to be fair and just.

Case Briefs High Courts

Madras HC stays suspension of KFC operator’s license in Thoothukudi for reusing cooking oil

There is also prima facie merit in the Sapphire Foods contention that Magnesium Silicate Synthetic far being a prohibited agent is a permitted filtration agent.

Case Briefs High Courts

‘One business partner’s conduct detrimental to another’; Bombay HC grants interim relief u/s 9 to aggrieved partner, in absence of efficacious remedy u/s 17 of Arbitration Act, 1996

Due to the respondent 1’s brazen disregard for the status quo order, the Court in absence of a Section 17 remedy, had to grant an interim relief under Section 9 of the Arbitration and Conciliation Act, 1996.

Case Briefs High Courts

Does information seeker have locus standi in penalty proceedings under Section 20 of RTI Act? Delhi HC answers

The formation of opinion under Section 20(2) of the Right to Information Act, 2005 is in the exercise of supervisory powers of Central Information Commission and not in the exercise of the adjudicatory powers.

Case Briefs High Courts

Abbreviating new criminal laws will simplify usage of lengthy Hindi terminology; promote inclusivity and facilitate efficient judicial process: Punjab and Haryana HC

The Court stated that creating a shared linguistic space for people with different language backgrounds becomes crucial to fostering a sense of unity and inclusivity. The hard-to-pronounce titles cause lingual impediment, cognitive chaos, and tedium that could prevent the legal system from operating smoothly.

Case Briefs High Courts

‘Callous and negligent attitude’; Allahabad HC directs Lucknow University to pay Rs 2 lakhs compensation for withholding a student’s 3rd year result on presumption of misconduct

“The action of the Lucknow University in not only in violation of principle of nature justice but has deleterious effect on the future of the candidate and such an action is deplorable.”

Case Briefs High Courts

‘Refusal to acknowledge irretrievable breakdown of marriage does more harm than good’: Kerala HC allows appeal by wife for divorce

“Marriage should be a union based on mutual respect, love, and understanding. When one spouse seeks freedom from a relationship that has become a source of distress, denying this request only perpetuates suffering and contradicts the very essence of a marital bond”

Case Briefs High Courts

MP High Court slams State’s ‘pathetic attitude’ towards non-compliance of court order; grants extension and imposes Rs. 50,000 Cost

The Court stated that the State may recover the amount of cost after fixing the “responsibility on some erring officer who has derelicted in not complying with the order in time”.

Case Briefs High Courts

MP High Court quashes charges under Muslim Women (Protection of Rights on Marriage) Act; stresses on need for UCC to curb superstitious practices

“There are a lot of other deprecating, fundamentalist, superstitious and ultra-conservative practices prevalent in the society that are clothed in the name of faith and belief.”

Case Briefs High Courts

Delhi High Court directs Disclosure of Forensic Audit Report on Show Cause Notices by IDBI Bank

A forensic audit was conducted by Grant Thornton LLP at the request of the respondent-bank. The audit led to the withdrawal of the ‘red flagging’ of the company’s account.

Case Briefs High Courts

‘No one can be a judge in their own cause’; Bombay HC reiterates principle of natural justice in petition against BPCL

The Court noted that the appellate authority formed under BPCL’s Policy remedy would have comprised of their officers, and the same could not be permitted as BPCL could not be a judge in their own cause.