High Courts Archives | Page 69 of 591

Delhi HC dismisses L’Oréal’s plea for cancellation of mark ‘CLARIWASH’ registered with a proprietor

The Court finds reconsideration of respondent 1’s application for registration of the trade mark ‘CLARIWASH’ registered 14 years ago, on account of procedural error manifestly unfair.

Case Briefs High Courts

Delhi High Court sets aside order cancelling GST registration of alleged Non-Existent Entity; directs entity to respond within 4 weeks

The Court stated that since the only allegation against the entity was that it was found to be non-existent, it was at liberty to furnish documents and material to support its contention that it continues to be a valid tax entity.

Case Briefs High Courts

[S. 4 Probation of Offenders Act] Bombay HC releases man convicted for running down woman with motorbike as a teenager, after 11 years

The Court opined that the applicant has a bright future and is apprehensive of the stigma of conviction that may ruin his future, therefore, it was expedient to release him on probation under the Section 4 benefit

Case Briefs High Courts

BNSS vs CrPC| CrPC to apply to pending trial/investigation registered before Bharatiya Nagarik Suraksha Sanhita came into force: Rajasthan High Court

The Court stated that “if an FIR is registered prior to 01-07-2023 under the CrPC, it would amount to a pending enquiry/investigation within the meaning of Section 531(2)(a) of BNSS.”

Case Briefs High Courts

Bombay HC denies protection of education to doctor who secured admission on false caste certificate; upholds Caste Certificate Scrutiny Committee’s order

The Court reiterated the findings of the Supreme Court in State of Maharashtra v. Milind, (2001) 1 SCC 4, that the benefits drawn by a candidate not belonging to a scheduled tribe, must be considered to having been drawn on the basis of a false caste certificate; such benefits are required to be withdrawn.

Case Briefs High Courts

Allahabad HC directs State to reconsider premature release of 79-year-old accused who was incarcerated for 25 years

“The impugned order is a stereotype order which is passed in almost every case by the State Government without application of mind.”

Case Briefs High Courts

‘Right to be forgotten inherent aspect of right to privacy’; Himachal Pradesh HC directs masking of rape accused’s name after his acquittal

There was no occasion for the State to file the present appeal, as once it is on record that the prosecutrix was living happy married life with the respondent, then, this Court cannot shut its eyes to the ground reality and disturb the happy family life of the respondent and the prosecutrix.

Case Briefs High Courts

Patna HC dismisses candidates’ plea to appear for main examination for District Judge (Entry Level) due to incorrect questions in Preliminary Examination

The Court opined that it may not be proper to look at specific questions and the answers pointed out by the different petitioners and to re-evaluate each of them. Thus, the Court restrained from detailed examination of the objections raised, but for completeness, it dwelled upon specific contentions.

Case Briefs High Courts

Hindu deity can hold lands in Jagir only when cultivated by Shebait/Pujari and not by tenants: Rajasthan High Court

The Court set aside the SDO’s order, and subsequent appellate decisions and remanded back the case to the SDO for a fresh enquiry.

Case Briefs High Courts

‘Organ trafficking an organized crime; this was perhaps just tip of the iceberg’: Kerala HC denies bail to accused in organ trafficking case

“The Parliament, after considering a spate of reports highlighting the flourishing human organ trade in India and the consequential exploitation of the economically vulnerable segments of the society through organ removal, and illegal transplants, for prohibiting the unethical practice, enacted the Transplantation of Human Organs and Tissues Act, 1994”

Case Briefs High Courts

Punjab and Haryana HC grants bail to Indian Army Sepoy accused of leaking secret information to Pakistan

The Court noted that apart from one WhatsApp message, which was not incriminating, nothing else was found from the raid at the petitioner house. Still the petitioner has been behind bars for a substantial period of more than 2½ years.

Case Briefs High Courts

[Electro-Homeopathy] Delhi HC dismisses plea to analyze Krauss and Zimpel for recognition as alternative system of medicine

The Court stated that ‘Electro Homeopathy’ is not a recognized form of medicine, and its analysis does not fall within the jurisdictional purview of Homeopathic Pharmacopoeia Laboratory.

Case Briefs High Courts

Certificates issued by Arya Samaj and Registrar are not sole proof of a valid Hindu marriage without customary rites and ceremonies: Allahabad HC

Allahabad High Court opined that marriage between the appellant and respondent as per Hindu rites and customs in terms of Section 7 of the HMA 1955 itself is not proved and the Trial Court has gravely erred in not considering this aspect of the matter which was implicit in the issues framed by it.

Case Briefs High Courts

[Preventive Detention] | Bombay HC sets aside detention order due to unexplained delay by Detaining Authority to decide on detenu’s representation

“When the liberty of a person is imperiled, immediate action should be taken by the relevant authorities”

Case Briefs High Courts

‘Forcibly entry to school, death threats, scuffles with Police’, No preliminary enquiry needed for FIR against Student Leader for cognizable offence: MP High Court

The Court opined that the objective of a preliminary inquiry is to screen out frivolous and motivated complaints, not to ascertain the veracity of the information received.

Case Briefs High Courts

Delhi High Court dismisses Reliance’s petition against UIDAI; upholds impugned arbitral award in its entirety

The Delhi High Court said that the scope of interference with arbitral awards under Section 34 of the Arbitration and Conciliation Act, 1996 has now become heavily circumscribed.

Case Briefs High Courts

Entry in revenue records does not confer any title over the suit property: Tripura HC reiterates

The contention of appellants that they and their predecessor acquired the right of adverse possession over the suit land was not accepted by the Court in the absence of cogent evidence on record.

Case Briefs High Courts

Andhra Pradesh HC grants custody of four-and-a-half-years old child to father; permits to take the child back to USA for all-round welfare

In cases of dislocation of minors from a foreign country to India, whenever children have been removed from their native country to India, the Court shall, in the best interest of the child, order for the return of the child to his native country.

Case Briefs High Courts

Touching private part with penis amounts to aggravated penetrative sexual assault under POCSO Act; Meghalaya HC upholds man’s conviction for raping 4-yr-old girl

“When the testimony of the victim child inspires the confidence of the Court and is found to be reliable, there is no necessity to look for other corroborations.”

Case Briefs High Courts

Delhi High Court grants interim injunction in favour of Jindal India Limited for infringement of its “JINDAL” marks

In January and June 2024, the Jindal India Limited discovered that the defendant, Rawalwasia Steel Plant Private Limited, had adopted a similar trademark “HINDJAL HISAR” for galvanized and black steel tubes and pipes.