High Courts Archives | Page 118 of 591

“Unless a work exists, there cannot be any question of copyright or reproducing it”: Punjab and Haryana HC overturns stay on release of film ‘Dear Jassi’

The entire aspect of the said life story had been part of court records in Canada extradition proceedings, and Indian courts where trail was conducted on account of honour killing, which also had been a subject matter of publications in media and five other films.

Case Briefs High Courts

Delhi High Court validates Delhi Medical Council’s mandate for allopathic physicians’ registration

A PIL was filed seeking quashing of a public notice dated 24-12-2023, issued by the Delhi Medical Council (DMC) mandating any person practicing modern scientific medicine (Allopathy) in Delhi must be registered with the DMC as per the Delhi Medical Council Act, 1997.

Case Briefs High Courts

Facilitation Council does not have jurisdiction to entertain dispute arising out of services not registered under MSMED Act: Allahabad HC

Allahabad High Court said that the term ‘condition and the specification of the cold storage’ together with the definition clauses constitute the cold storage services and, therefore, cold storage services have been properly structured under the U.P. Enactment read with modified subordinate legislation of Uttar Pradesh.

Case Briefs High Courts

Delhi High Court upholds Delhi University student’s right to academic progress based on regulatory anomaly

The petitioner, a student enrolled in the B.A. (Hons.) English course at Kalindi College, Delhi University, filed a petition challenging the university’s refusal. The court directed the university to declare her second-semester examination result and permitted her to attempt the third-semester examination.

Case Briefs High Courts

[Cash-for-job scam] Madras HC refuses to grant bail to former TN Minister Senthil Balaji in money laundering case

Senthil Balaji was arrested and remanded to judicial custody on 14-06-2023 for an alleged offence under Section 3 of PMLA.

Case Briefs High Courts

Rajasthan High Court grants probation to accused persons convicted u/s 307 of IPC in thirty-three-year-old case

“The main object of sentencing a convicted person is to bring in him certain character reformation and to keep him away from the society so as to see that the impact of his criminal character does not put any adverse impact on any other person.”

Case Briefs High Courts

Orissa HC orders arrest of Vessel at Paradip Port for unpaid berth hire charges and penalty of about 8 crores

Paradip International Cargo Terminal Pvt. Ltd. sought arrest of the cargo vessel for the unpaid dues of about 7.95 Crores towards the berth hire and penal berth hire charges.

Case Briefs High Courts

Delhi High Court dismisses Mahua Moitra’s plea to restrain media from privacy infringement; upholds freedom of press

Delhi High Court acknowledged the importance of balancing freedom of press and expression with the right to privacy, particularly for public figures like Mahua Moitra, the petitioner, a former elected Member of Parliament from Krishnanagar, West Bengal, affiliated with the All-India Trinamool Congress Party (AITC).

Case Briefs High Courts

Dart Properties (P) Ltd. files for execution of Conciliated Agreement with Cinema Ventures (P) Ltd. for payment of outstanding amount; Delhi HC issues notice

“The protection of moratorium will not be available to the directors/officers of Cinema Ventures (P) Ltd. and execution proceedings can be filed against them.”

Case Briefs High Courts

Calcutta High Court upholds rejection of Order VII Rule 11 CPC application despite disclosure of Cause of Action through ‘clever drafting’

Calcutta High Court stated that “Order VII, Rule 11 is applicable to the plaint which does not disclose cause of action and not the cases where the plea is non-existence of cause of action.”

Case Briefs High Courts

Delhi HC holds President, General Secretary of Delhi Sikh Gurdwara Management Committee guilty of contempt for not paying salaries to staff, teachers

“The helpless employees and teachers have been repeatedly knocking on the doors of the Court and have been frustrated by respondents by giving undertakings, which they had no intention and means to comply with, and such undertakings were given merely to buy time.”

Case Briefs High Courts

Civil Court lacks jurisdiction over Waqf Property disputes: Calcutta High Court

Calcutta High Court held that “in order to decide whether the suit is barred by any law, it is the statement in the plaint which will have to be construed.”

Case Briefs High Courts

Delhi High Court: ‘Subscription Fee’ income not classified as ‘royalties’ or ‘included services’ under DTAA and IT Act

Delhi High Court elucidated the treatment of subscription fees vis-à-vis royalties and technical services under both the Double Taxation Avoidance Agreement (DTAA) and the Income Tax Act and clarified the distinction between income from subscription fees and payments for intellectual property rights or technical consultancy services.

Case Briefs High Courts

Delhi High Court registers suo motu petition on delay by Jail Superintendents in accepting bail bonds

“The delay at the instance of the Jail Superintendent in accepting Bail Bonds is not acceptable to the conscience of this Court.”

Case Briefs High Courts

Disputes arising from commercial contracts with Government not amenable to writ jurisdiction; remedy available in civil law: Telangana High Court

“Once the agreement entered into between the parties is considered as a contract like any other contract, for the enforcement of the covenants of the contract or for any breach thereof, the parties have to work out their remedies under civil law.”

Case Briefs High Courts

Calcutta High Court upholds RBI’s Executive Intern’s right to maternity benefits despite contractual limitations

Calcutta High Court noted that as per Section 5(1) of the Maternity Benefits Act, 1961, every woman is entitled to, and her employer shall be liable for, the payment of maternity benefits.

Case Briefs High Courts

‘Equalizing the differently abled with their peers itself infracts Article 14’; Delhi High Court upholds Rights of visually disabled student for hostel accommodation at JNU

It is truly ironical that the JNU is seeking to defend its case by relying on the fact that the petitioner, a 100% visually challenged student — has provided a residential address 21 km away from the JNU campus. The submission deserves no further comment.

Case Briefs High Courts

Calcutta High Court directs ‘M.V. Marintrust – 01’ vessel’s owner to appoint Surveyor to assess goods’ quantity, damage and current value

Calcutta High Court directed the Joint Special Officers to conduct a fresh auction for the vessel in conformity with the order of sale and appoint a fresh valuer who will reflect a more realistic value of the vessel.

Case Briefs High Courts

‘CBSE has no right to stop the student from entering exam hall’; Delhi High Court comes strongly in Domicile Certificate case

“If any other candidate that has been held up outside the Examination Hall for want of uploading the domicile certificate in time, all such students will be entitled to enter the Examination Hall and undertake the examination with extension of time as noted above.”

Case Briefs High Courts

[Kalkaji Mandir Jagran Accident] ‘No jagran shall be held in Mandir’; Delhi High Court lays down safety directives

Delhi High Court affirmed the Administrator’s sole authority for granting event permissions within the Kalkaji Mandir precincts, emphasizing the need for formal application processes. Enhanced security measures were endorsed to address crowd management deficiencies, particularly during peak footfall periods.