High Courts Archives | Page 114 of 591

Calcutta High Court affirms Larica Inn’s rights to purchased building’s roof-top based on conveyance deed and mutation

Calcutta High Court deemed KMC’s approval of the additional building plan without considering Larica Inn’s rights as erroneous.

Case Briefs High Courts

[RALEIGH v. RALLEYZ] Delhi High Court grants interim injunction to Swiss Bike Vertriebs for mark ‘RALEIGH’ in relation to bicycles

“Defendant’s mark ‘RALLEYZ’ is constituted in such a manner so as to phonetically sit remarkably close, if not together, and squeezed with, plaintiffs’ mark ‘RALEIGH’. It is clearly in the core zone of deceptive similarity, likely to cause confusion and likely to have an association with plaintiff’s mark.”

Case Briefs High Courts

‘No coercive action to be taken’; Delhi HC directs DDA to stay demolition of Pakistani Hindu Refugee Camp at Majnu Ka Tilla

“A public notice dated 4-3-2024 is pasted in the area asking the residents of the Pakistani Hindu Refugee Camp to vacate the place by 6-3-2024, failing which Delhi Development Authority will demolish their Camp.”

Case Briefs High Courts

‘Person having a spouse alive cannot live in illicit and live-in-relationship in contravention of law’: Allahabad HC refuses to grant police protection

Allahabad High Court clarified that it is not against live-in relationships, but against illegal relations

Case Briefs High Courts

‘Arbitrary withholding of refund claims for specific periods, despite precedents, is contrary to principles of fairness and equity’: Allahabad HC grants relief to Samsung

“Taxation serves as the cornerstone of governmental revenue, facilitating the provision of public services and infrastructure. Essential to this system is consistency, ensuring that similar factual and legal circumstances are met with uniform treatment.”

Case Briefs High Courts

Married lady staying in the house of father’s friend of different religion, after being left by husband, does not amount to adultery: Patna High Court

“If this Court is persuaded to hold that staying in the house of an old man of different religion by a married lady amounted to adultery, then the entire social relation between man and man, man and women, is to be looked into only in terms of sexual relationship.”

Case Briefs High Courts

Procedure u/s 313 CrPC must be couched in a form which an ignorant or illiterate person can understand: Meghalaya HC

“Section 29 of the POSCO Act cannot be interpreted to say that just because a charge-sheet is filed, the onus shifts on the accused to prove his innocence against the accusation.”

Case Briefs High Courts

‘Adolescent love cannot be controlled by the Courts’; Andhra Pradesh High Court grants bail to POCSO accused

“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”

Case Briefs High Courts

Use of “Dish” deemed non-infringing trademark; Delhi High Court rejects interim injunction against Prasar Bharti’s DD Free Dish

The word ‘DISH’ is a common English word which denotes Dish Antenna and cannot be described as a prominent or an essential feature of such nature so as to allow the plaintiff a monopoly over its use. The two products at dispute were “DD Free Dish” by Prasar Bharti (Doordarshan) and “Dish TV” by Dish TV India Limited.

Case Briefs High Courts

Merely writing the expression “Yes” cannot be considered a valid approval u/s 151 of Income Tax Act 1961: Delhi High Court

“The satisfaction arrived at by the prescribed authority under Section 151 of the Income Tax Act, 1961 (‘the Act’) must be clearly discernible from the expression used at the time of affixing its signature while according approval for reassessment under Section 148 of the Act.”

Case Briefs High Courts

Delhi High Court refuses divorce to husband on displaying constant reluctance towards reconciliation

Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.

Case Briefs High Courts

Does Section 125, CrPC envisage any claim of maintenance for daughter-in-law against her parents-in-law? Karnataka HC answers

The High Court answered the question in negative pointing out that Section 125, CrPC envisages that wives, parents and minor children can claim for maintenance.

Case Briefs High Courts

‘Open jail provides a congenial atmosphere’; Chhattisgarh HC registers suo motu PIL regarding feasibility of open jails in State

“When a criminal/offender is confined in jail, it is not only the person who had committed the crime suffers, but at times, when the said offender is also the sole bread earner of the family, the entire family suffers.”

Case Briefs High Courts

Is it necessary to mention in FIR any one or more offences described under S. 2(b) of UP Gangsters Act? Allahabad HC refers issue to Larger Bench

“Court must strive to so interpret the statute as to promote and advance the object and purpose of the enactment. For this purpose, where necessary the Court may even depart from the rule that plain words should be interpreted according to their plain meaning and there need no meek and mute submission to the plainness of the language.”

Case Briefs High Courts

‘Not a case of innocent adoption’; Delhi High Court rules in favour of Hero Investcorp for mark ‘HERO’ in relation to engine oil

“The findings of the reports of the Local Commissioners also clearly indicate that defendants are actively involved in the sale, distribution, and manufacturing of counterfeit HERO Oil, thereby infringing upon plaintiffs’ registered HERO marks.”

Case Briefs High Courts

Gujarat HC orders arrest of Chinese vessel against pilot’s claim for permanent injury due to collapse of gangway

The gangway collapsed and the marine pilot fell from the gangway onto the wharf, which resultantly crushed and severely fractured his left-hand wrist.

pre-arrest bail to Amanatullah Khan denied

Case Briefs High Courts

[Money Laundering] ‘Cooperating with Investigating Agency by public figure is public service’; Delhi HC denies pre-arrest bail to Amanatullah Khan, MLA from AAP

“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”

Case Briefs High Courts

Calcutta High Court refuses to nullify award and restore lease in lieu of compromise based on illegal and arbitrary act

“Just as an illegal contract cannot be enforced, similarly a compromise or settlement which is not in the interest of the Society cannot be used to nullify the order passed by the competent authority in compliance of the direction passed by the Court.”

Case Briefs High Courts

No form of mediation permissible in POCSO cases; Delhi High Court denies relief to father in POCSO case due to delay, child’s best interests

Delhi High Court issued a mandatory reminder, rather than a gentle reminder that it is essential to emphasise that in cases involving offences of serious nature, particularly those falling under the Protection of Children from Sexual Offences (POCSO) Act, no form of mediation is permissible.

Case Briefs High Courts

Calcutta High Court directs payment of interest on revised gratuity in spite delay as such relief doesn’t affect third parties’ right

Calcutta High Court stated that the petitioner justified the considerable delay in filing the writ petition by asserting that there is no statutory period of limitation, and neither party has suffered due to this delay.