High Courts Archives | Page 73 of 591

Jharkhand HC sets aside orders reducing pay scale of an employee for requirement of Diploma in Engineering

The Court stated that recovery of excess amount from the employee was not permissible, if there was no misrepresentation or suppression by the petitioner.

Case Briefs High Courts

MP High Court stays Som Distilleries’ licence suspension in Child Labour case

The petitioner’s license was suspended based on inspection by the National Child Protection Commission disclosing employment of 59 minor children.

Case Briefs High Courts

Primary objective of POCSO Act is to protect minors from sexual exploitation, but it is being misused in consensual relationships between teenagers: Allahabad HC

“The well-known principle of “Presumption of Innocence Unless Proven Guilty,” gives rise to the concept of bail as a rule and imprisonment as an exception.”

Case Briefs High Courts

Orissa HC sets aside wife’s conviction u/s 302 for setting husband ablaze with kerosene for lack of clinching evidence

“A very careful, cautious and meticulous appreciation of evidence is necessary when the case is based on circumstantial evidence, the prosecution must elevate its case from the realm of ‘may be true’ to the plane of ‘must be true’.”

Case Briefs High Courts

What does the term ‘competence’ under Section 24 of CPC refer to? Kerala HC explains

Under Section 24 (1) of the Code, the High Court or District Court may at any stage withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same.

Case Briefs High Courts

Delhi High Court directs removal of social media posts alleging dead centipede in ‘Amul’ vanilla ice-cream tub

The Delhi High Court said that the non-appearance of the defendants evidenced their unwillingness to participate in the forensic examination and verification of their claims of the dead insect made in the social media posts.

Case Briefs High Courts

‘Order u/S 482 CrPC can be passed to prevent abuse of process’: Delhi HC imposes Rs. 50,000 cost on complainant pursuing case even after acceptance of settlement money

“The conduct of the litigants to keep the dispute alive for mala fide reasons has the tendency of keeping the docket of the Courts heavy to the detriment of other litigants whose cases have been pending for years together.”

Case Briefs High Courts

Delhi High Court directs Emami Ltd. to deposit Rs. 10 Lakhs for infringing Saregama India’s copyright on song ‘Udi Jab Jab Zulfein’

The rights of the impugned song ‘Udi Jab Jab Zulfein’ from the film ‘Naya Daur’ had been assigned to Saregama India Ltd. by BR Films, the original producer of the film.

Case Briefs High Courts

[Paris Olympic, 2024] Delhi HC upholds alleged arbitrary selection criteria for Dressage issued by Equestrian Federation of India

The petition was filed by Shruti Vora, a distinguished Indian Dressage athlete with a commendable record at international competitions including the Asian Games and Dressage World Championships challenging the Selection Criteria Notice 2024 issued by the Equestrian Federation of India

Case Briefs High Courts

Kerala High Court allows transwoman to live apart from hostile family members who forced her to undergo treatment for changing gender identity

After interacting with the parties, the Court found that X, the transwoman has made a firm decision to live separately from her parents due to familial violence consequent to her self-determination as a transwoman’

Case Briefs High Courts

Punjab and Haryana HC directs Haryana Govt. to refix pension and pensionary benefits of an employee who was reverted after his retirement

The Court stated that it is a settled law that after an employee’s retirement, the master and servant relationship ceases to operate. If any action is required to be taken after the retirement of an ex-employee, then same can always be taken when there is an express authority of law and provision of law.

Case Briefs High Courts

Delhi High Court imposes costs on MCD for delay in filing written statement impacting senior citizen’s case

The Court observed that MCD is a big Government Department, and this civic agency must be handling innumerable matters but that does not give any automatic handle to MCD to file written statement as per its own whims and fancies.

Elon Musk Tesla Inc trade mark infringement

Case Briefs High Courts

[Tesla v. Tesla] Delhi High Court refers trade mark dispute between Tesla Inc and Tesla Power India to mediation

With consent of both the parties, the matter is referred to the Senior Mediator of Delhi High Court Mediation and Conciliation Centre.

Case Briefs High Courts

Delhi High Court directs formation of Code of Conduct to regulate Patent and Trade Mark agents; sets aside abandonment order of patent application

Apart from the formation of Code of Conduct for Patent and Trade Mark agents, the Delhi High Court also found a requirement to put in guidelines for solicitation and advertising.

Case Briefs High Courts

‘Quashing of cases involving sexual violence based on monetary payments would imply that justice is for sale’; Delhi High Court refuses to quash FIR filed for sexual violence

The Delhi High Court opined that true justice, and the ends of justice would not be served by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant.

Case Briefs High Courts

[Rights Issue] | Parties to maintain status quo; Byju’s to not make share allotment till NCLT reaches a final decision during remand proceedings: Karnataka HC

The Court further directed that the exercise of deciding as per the remand order by Single Judge must be completed expeditiously and before 31-07-2024.

Case Briefs High Courts

‘Registration does not confer immunity from challenges’; Delhi High Court grants interim injunction to prevent usage of trade mark ‘HUALI’

The Delhi High Court said that while trade mark registration offers statutory benefits, it does not obliterate prior common law rights established through actual use and accrued goodwill in the market.

Case Briefs High Courts

Rajasthan High Court asks State to consider providing statutory remedy of Appeal/Revision against Section 6-A Rajasthan Bovine Animal Act’s orders

Rajasthan High Court held that the High Court’s inherent powers under Section 482 CrPC do not extend to interfering with orders of the District Collector acting under Section 6-A of the RBA Act in a quasi-judicial capacity.

Case Briefs High Courts

Delhi High Court rules WhatsApp Chats Inadmissible Evidence Without Proper Certification; Rejects Dell International Services’ Delay Condonation Appeal

The petitioner presented a screenshot of WhatsApp conversations to show that the full complaint and annexures were not received until 31-01-2023, despite the summons being served on 23-12-2022.

Case Briefs High Courts

‘Healthy and constructive criticism should always be welcome’; Punjab and Haryana HC drops criminal contempt proceedings against a man for his pleadings against a Judge

The Court stated that the contempt jurisdiction should not be exercised lightly at the drop of a hat. It ought to be invoked only in rare or exceptional cases where there is interference with administration of justice or such action amounts to scandalizing or lowering the authority of the Court.