High Courts Archives | Page 94 of 591

‘Throwing 13-month-old child on floor’ in courtroom: MP High Court rejects application for FIR quashment in light of serious allegations

Madhya Pradesh High Court stated that “throwing a 13-month-old child on the floor by itself would amount to an attempt to murder and throwing a paperweight towards his head would further aggravate the situation.”

Case Briefs High Courts

‘Objective of AAI (Leave) Regulations, 2003 is not to curb population’; Bombay HC directs AAI to grant maternity benefits to employee for third child

The respect and protection of a woman and of maternity should be raised to the position of an inalienable social duty and should become one of the principles of human morality.

Case Briefs High Courts

[SPARX v HRX] Delhi High Court refuses injunction against Hrithik Roshan’s XS Brands Consultancy for using mark ‘X’

Plaintiff’s X mark is derived from their ‘SPARX’ logo and has been used in a standalone form in relation to its footwear products sold under the ‘SPARX’ brand. Plaintiff’s grievance is against the defendants who started using defendants’ X mark, which was deceptively similar, for footwear as well, being identical goods.

Case Briefs High Courts

Husband cannot be allowed to play with the dignity of his wife at his own will; Patna High Court denies anticipatory bail to husband

Shariat law permits Muslim to contract more than one marriage, but it must be borne in mind that merely because an act was lawful, it did not per se become justifiable in married life. Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to the first wife.

Case Briefs High Courts

Karnataka HC directs Bar Council of India to update its website to reflect the current status of affiliated law colleges/universities

The Court was perusing a writ petition filed by BMS College of Law wherein they had submitted that BCI’s website was not updated regarding the College’s current affiliation status.

Case Briefs High Courts

MP High Court issues notice to Kareena Kapoor Khan for use of word ‘Bible’ in her pregnancy book’s title

Whether the use of the word “bible” in the title of Kareena Kapoor Khan’s book constitutes an act that offends religious sentiments, specifically those of Christians?

Case Briefs High Courts

[Aaj Tak Sting Operation] Certificate under Section 65B can be filed subsequently to ensure fair trial: Delhi HC remands matter back to Trial Court

“In criminal trials certificate in terms of Section 65-B of the Act is to filed before commencement of the trial. However, the Trial Court, in its discretion, after examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence, may permit production of such certificate at any stage of the trial if no irreversible prejudice is caused to the accused”

Case Briefs High Courts

‘Unjust retention of money or another’s property is against fundamental principles of justice, equity and good conscience’; Jharkhand HC imposes Rs. 5 lakhs cost on JBVNL

“The imposition of cost on the party which started litigation without any just cause or took false and frivolous defences is necessary to discourage the dishonest litigant.”

Case Briefs High Courts

‘Review is not an appeal in disguise’: Allahabad HC dismisses review application against Order of Remand

There are substantive differences between review and appeal. A decision’s cryptic nature alone does not warrant a review.

Case Briefs High Courts

Jharkhand High Court dismisses criminal contempt proceedings against State’s Advocate General and Additional Advocate General

“An advocate has to fearlessly uphold the interest of his client by all fair and honourable means without regard to any unpleasant consequences to himself or any other, but he must exercise restraint in using intemperate language during arguments in the Court.”

Case Briefs High Courts

Explained| How Tripura High Court’s order led to building legal regime for protection of captive animals/seized wild animals

A High-Powered Committee was constituted by the High Court to look into transfer/rehabilitation of captive elephants. Later on, the Supreme extended the Committee’s jurisdiction throughout the country for welfare, care and rehabilitation of wild animals including captive elephants.

Case Briefs High Courts

No Appeal lies u/s 117-A of Patents Act 1970 against an Order passed u/s 21(1): Bombay HC reiterates

The impugned Order clearly holds that the petitioner is deemed to have abandoned the application and that it has failed to comply with the requirements of Section 21(1) of the Patents Act, 1970.

Case Briefs High Courts

Crucial to extend education to encompass concept of ‘Virtual Touch’ apart from ‘Good and Bad Touch’; Delhi HC rejects bail application of POCSO accused

The Delhi High Court says that efforts must be taken to teach children about critical thinking skills to assess the credibility of online contacts and safeguard their personal information.

Case Briefs High Courts

Delhi High Court denies permission to a 20-year-old student to abort ‘viable and normal’ foetus

The Delhi High Court said that foeticide would neither be ethical nor legal since the foetus was viable and normal, causing no danger to the life of the mother.

Case Briefs High Courts

Delhi High Court dismiss PIL seeking directions to allow Delhi CM to interact with the Delhi Assembly for efficient governance

A PIL was filed seeking issuance of directions to GNCTD to provide arrangements for efficient governance of Delhi by allowing the Chief Minister to interact with the Delhi Assembly and Cabinet Ministers via video conferencing subject to any conditions that may be imposed.

Case Briefs High Courts

Madras High Court refuses to transfer 3-year-old son’s custody to biological mother; Grants her liberty to visit him once a week

Madras High Court closed the Habeas Corpus Petition with a liberty to the petitioner to visit her minor child at the house of the respondent 5, once a week

Case Briefs High Courts

‘Live in relationship still continues as a stigma in the Indian culture’: Chhattisgarh HC upholds dismissal of father’s application seeking child custody

“It is very easy for the married man to walk out of the live in relationship and in such case the court cannot shut their eyes to the vulnerable condition of the survivor of such distressful live in relationship and children born out of such relationship.”

Case Briefs High Courts

Bombay High Court dismisses plea challenging its “Rules for Presentation and Conduct of Proceedings in Person by Parties”

The “Rules for Presentation and Conduct of Proceedings in Person by Parties” does not apply if a party desires to appear in person when the proceedings are related to applications for temporary bail, parole, furlough, and habeas corpus.

Case Briefs High Courts

‘Retirement benefits are hard-earned benefits, not gifts’: Manipur HC quashes an order demanding deduction from retirement gratuity

“It is well settled that pension is not a bounty, being a hard-earned benefit of an employee who has put in long and dedicated service till the age of retirement.”

Case Briefs High Courts

J&K and Ladakh HC grants bail to relatives accused of gang rape; Takes note of woman’s tendency to improvise allegations involving her in-laws in heinous offences

The Court noted that the 2nd Respondent did not mention the allegations of gang rape in her written complaint before the Police, however while recording her statement under S. 164, CrPC, she levelled allegations of gang rape on the petitioners for the first time.