High Courts Archives | Page 12 of 591

MP High Court directs BCI to take criminal action against law institutions admitting students without securing recognition

“Since the colleges of the petitioners before this Court did not deposit the fee before the Bar Council of India and it did not renew the recognition, it is not the fault of the candidates and the Bar Council of India should have taken strict action against such institutions.”

Case Briefs High Courts

‘No illegal confinement by State’; Punjab & Haryana HC dismisses habeas corpus plea seeking release of farmer leader Jagjit Singh Dallewal

“Jagjit Singh is said to be free to go home after seeking discharge from the hospital. In such circumstances, it cannot be said that he is in illegal confinement of the State. However, the State is directed to ensure that there should be no hindrance if the family members, friends, relatives, or any other person wish to see him in the hospital.”

Case Briefs High Courts

Delhi HC grants permanent injunction against shop owners from infringing Louis Vuitton trade marks on wallets, handbags, belts etc.

The Court stated that the mala fide intent of Defendants 7 and 8, is evident from their infringing activity of selling counterfeit products bearing the plaintiff’s trade mark with the sole objective of capitalizing on the immense goodwill and brand image enjoyed by the plaintiff.

Case Briefs High Courts

Graduation and Post Graduation qualifications cannot be considered as preferential qualifications for Anganbadi Karyakatri post: Allahabad High Court

The Government Order prescribed Intermediate as the minimum qualification for the post of Anganwadi Karyakatri, with an age limit of 18 to 35 years, and there was no provision in the Order for preferential qualifications such as Graduation or Post Graduation, nor any provision for awarding additional marks for such qualifications.

Case Briefs High Courts

No senior advocate designation for retired judicial officers from other States; Delhi High Court upholds Rule 9B of Designation of Senior Advocate Rules, 2024

It is beyond cavil, on a plain reading of Rule 9B, that it applies squarely and exclusively to the judicial officers who have retired from the services of DHJS alone. It does not envisage any retired judicial officer of the HJS of a State other than Delhi.

Case Briefs High Courts

Karnataka HC terms the act of City Civil Judge citing non-existing cases to back decision as ‘disturbing’; Directs probe in the matter

While rejecting the defendants’ application under Order VII Rule 10 of the CPC, the Civil Judge cited 2 non-existent Supreme Court rulings to back his decision.

Case Briefs High Courts

Woman though can’t commit rape, but can be held liable for abetment to rape under Section 109 IPC: MP High Court

““abetment is separate and distinct offence than rape” and if the act abetted is committed in consequences of the abetment, then the person i.e. man or woman abeting such crime is liable to be punished under Section 109 of IPC.”

Case Briefs High Courts

Himachal Pradesh HC grants pensionary benefits to daily wage worker with less than 10 years of service

The Court held that the petitioner had rendered more than 8 years but less than 10 years of service, thus, his service was to be treated as 10 years, which qualified him for pensionary benefits.

Case Briefs High Courts

‘Expert’s report under S. 293 CrPC not a substitute for certificate under S. 65-B of Evidence Act’; Kerala HC sets aside conviction in rape and murder case

“We are at a loss to understand why the prosecution and the Trial Court had forgone the primary evidence available and have made attempts to rely upon secondary evidence and that too, without proper certification.”

Case Briefs High Courts

Delhi High Court grants dynamic injunction against rogue websites for streaming ‘Applause Entertainment’s ‘UNDEKHI’

The defendants are websites that are making the plaintiff’s series/show available to the public without procuring any valid license or authorization from the plaintiff. These defendants’ websites unlawfully provide access to infringing content free of charge, without requiring users to register. The availability of such content is monetized through advertisements displayed on these platforms.

Case Briefs High Courts

MP High Court deems Advocate’s “tamasha” remark as disgraceful & contemptuous; asks Chief Justice for further action against Advocate

During the hearing, the advocate remarked that the court had been conducting a “tamasha” for four hours and criticized judicial appointments, referencing incidents in Delhi.

Case Briefs High Courts

‘Technical defect in certificate is beyond candidate’s control’; P&H HC grants relief to judicial aspirant whose candidature was rejected for defect in caste certificate

The Court rebuked the State for pursuing litigation mechanically and indifferently without any application of mind while imposing a cost of Rs. 1.5 Lakhs on HPSC.

Case Briefs High Courts

Patriarchal to say that woman must foresee marriage problems solely because she is elder to her partner; DHC refuses to quash FIR against a man accused of rape on pretext of marriage

The accused, despite being fully aware of the age difference, actively pursued the relationship, gave assurances of marriage, and induced the victim to make financial and emotional commitments.

Case Briefs High Courts

Principles of natural justice to be read into S.8 of Goa Tourist Places (Protection and Maintenance) Act, 2001 prior to directing recovery of expenses/costs incurred to remove nuisance: Bombay HC

Once it is found that the original order is passed by the Competent Authority without giving any opportunity of hearing to the petitioner, the same is liable to be set aside as having been passed in violation of the principles of natural justice.

Case Briefs High Courts

Delhi High Court awards ₹34 Lakhs in damages and grants permanent injunction against Merlin Rubber for infringing Bridgestone’s trademark

In April 2022, while conducting a market survey, the plaintiff came across the defendant’s listing on the online trade directory of www.tradeindia.com selling butyl tubes of two-wheeler and four-wheeler vehicles under the infringing marks.

Case Briefs High Courts

‘Cannot transgress into judicial adventurism’; Punjab & Haryana HC dismisses eligibility relaxation plea of NEET aspirant who passed Biology as additional subject

“The invocation of equitable jurisdiction does not confer upon the Court an unfettered prerogative to render orders in complete defiance or in oblivion of the established tenets of the law of the land.”

Case Briefs High Courts

Allahabad High Court imposes Rs 2000 fine on man for false corruption allegations against judges

The contemnor has scandalised and lowered down the authority of the Court, which amounts to interference in the administration of justice.

Case Briefs High Courts

Delhi High Court grants bail to an alleged member of Lawrence Bishnoi Gang accused of shooting outside of Ex-MLA’s residence

The CCTV footage exhibited before the Court does not clearly reveal the shooter’s identity. Moreover, the forensic analysis of the CCTV footage and the Call Detail Records analysis of the accused’s mobile phone is still pending. Therefore, the Court refrains from drawing any conclusions at this stage.

Case Briefs High Courts

Employer not expected to seek proof beyond doubt of marriage for granting maternity leave: Madras HC awards Rs.1 Lakh compensation to Magistrate’s office assistant

“When prima facie evidence is available, the Magistrate, in our considered opinion, erred grievously in rejecting the application for maternity leave on assumptions and surmises. The action of the District Munsif cum Judicial Magistrate, to say the least is inhuman.”

Case Briefs High Courts

Telangana HC denies relief to BSF personnel wards claiming eligibility for reservation granted to Armed Forces personnel’s wards in medical courses

“The Act which governs the services, the method of recruitment, the conditions of services and tenure of Armed Forces and CAPF are different and by no stretch of imagination, it can be said that the Armed Forces viz., Army, Navy and Air Force and BSF/CAPF forms a homogenous class.”