High Courts Archives | Page 131 of 591

Delhi High Court dismisses PIL against ‘Aankh Micholi’ movie being derogatory and discriminatory against persons with disabilities

“In films to address social evils, it is necessary to depict such social evils itself to bring out their consequences and the overall message of the movie and the core storyline is centered around overcoming disability.”

Case Briefs High Courts

Calcutta High Court directs formation of SIT amidst allegations of bias and ineffectiveness in Enforcement Directorate officials attack case

Calcutta High Court noted the registration of a counter FIR before an FIR about the attacks on Enforcement Directorate officials, casting doubt on police impartiality.

Case Briefs High Courts

Why Karnataka High Court rejected petition challenging imposition of quality control on plastic imports into India?

If the quality emerges right from the word go till the finished product under the ‘Make in India programme’, it is only then that the country would be able to compete with others.

Case Briefs High Courts

Appeal against claim petition filed prior to enforcement of Motor Vehicles (Amendment) Act, 2019 entertainable as per unamended provision: Allahabad HC

“An amending statute cannot be read in a manner to take away, alter, abrogate, impair or extinguish vested rights acquired under existing laws, or create a new obligation, impose a new duty or attach a new disability, in respect of transactions already past”

Case Briefs High Courts

‘Case of twin promise of marriage’; Delhi HC directs Sessions Court to frame rape charges against a man for allegedly making false promise of marriage to a woman

“The cases involving emotional situations where the parties of the story have taken decisions and acted upon them on the basis of peculiar circumstances of their lives, have to be adjudged and adjudicated according to their own peculiarity and situational dissection of facts.”

Case Briefs High Courts

‘Attempt to indulge in smart copying’; Delhi HC restrains Hermes Distillery from selling liquor under label ‘PEACE MAKER’ in suit by Allied Blenders and Distillers

“The differences showed that extraordinary effort has been put by defendant in identifying differences and the broad similarities are so obvious at the first look that the differences are nudged into oblivion.”

Case Briefs High Courts

Himachal Pradesh High Court quashes FIR registered against family accused of stalking through CCTV camera

“There is no proof that the CCTV Camera is directed towards the house of Respondent 2, and it is merely a suspicion. Further, there is no proof that the petitioners/accused had contacted Respondent 2 to foster a personal relationship.”

Case Briefs High Courts

Calcutta High Court upholds CBMWTF’s administrative decision of reallocation of Bio-Medical Waste Management Facilities in West Bengal

The Calcutta High Court held that the impugned order is not a violation of specific legal rights or an arbitrary decision.

Case Briefs High Courts

‘Mark’s removal for non-use requires clear, unequivocal evidence of abandonment’; Delhi High Court dismisses application for removal of mark ‘BAOJI’

“Section 47 of Trade Marks Act, 1999 serves to protect the integrity of the trade mark register by ensuring that registered marks that are not actively used in commerce are removed.”

Case Briefs High Courts

Delay in issuance of advertisement will not create any right/legitimate expectation to seek relaxation in upper age limit for an examination: Patna HC reiterates

“It is a policy decision and the criteria prescribed by the advertisement, whether it is relating to age and/or the essential qualification, cannot be interfered with.”

Case Briefs High Courts

‘Foreigners cannot claim right to reside and settle in India as per Article 19(1)(e), their rights limited to Article 21’; Delhi HC dismisses petition against illegal detention

“Power of the Government of India to expel foreigners is absolute and unlimited and no provision of the Constitution can curtail the Government’s power to expel foreign nationals.”

Case Briefs High Courts

Child victim had to suffer untold miseries; Himachal Pradesh HC grants compensation to minor rape victim after hospital asks demeaning questions, conducts two-finger test

“The torment on the victim has the potentiality to corrode the poise and equanimity of any civilized society. It has been rightly said that whereas a murderer destroys the physical frame of a victim, a rapist degrades and defiles the soul of a helpless female.”

Case Briefs High Courts

‘Only being a woman cannot grant additional protection to the accused’; Delhi High Court refuses anticipatory bail to woman accused

It is the case of the prosecution that accused actively connived along with the co-accused in projecting herself to be a partner along with the complainant to obtain an overdraft facility from the bank.

Case Briefs High Courts

‘Forging order of an arbitrator is a serious offence’; Delhi HC dismisses anticipatory bail application

“While there can be no dispute on the fact that complainant himself may have been guilty of not having paid the instalments in accordance with the Loan Agreement with the Finance Company, however, the recovery of the vehicle can only be made in accordance with the law.”

Case Briefs High Courts

Is watching child pornography an offence under POCSO Act or S. 67B of IT Act? Madras High Court answers

“Due to accessibility of sexually explicit material on the internet, porn addiction is becoming a growing concern in teenagers. With the click of a button, they can be exposed to endless pages of adult content”

Case Briefs High Courts

‘Absolutely Gender Insensitive of GPSC for expecting woman to travel 300 Kms to interview after 3 days of delivering child’: Gujarat HC

The interview for the post of Assistant Manager (Finance and Accounts) Class II was fixed on 01-01-2024 in Gandhinagar and the petitioner had delivered her child on 31-12-2023 in Gandhidham, which is about 300 kms away from the place of interview.

Case Briefs High Courts

Appeal against order of acquittal u/s 138 of Negotiable Instruments Act, 1881 lies to High Court u/s 378(4) of CrPC: Chhattisgarh High Court

“Any allegation made orally or in writing to a Magistrate that some person, has committed an offence, will fall within the meaning of ‘complaint’. Pertinently, the definition specifically excludes a police report.”

Case Briefs High Courts

True love between individuals cannot be controlled through State action; Delhi HC quashes FIR against a man who eloped with an alleged minor girl

“In the present case, the future of families of the parties and the two daughters born out of this wedlock, and their beautiful harmonious life, they have built together in the last nine years, is at stake and dependent on the outcome of the present petition.”

Case Briefs High Courts

‘Male chromosome not female chromosome determines gender of unborn child’; Delhi High Court refuses bail in dowry death case

A woman has lost her life for giving birth to females which should be totally unacceptable to a conscientious society. Such offences must be considered grave and serious when the trial is yet to be begin.

Case Briefs High Courts

Delhi High Court denies parole to Ravi Kapoor serving life imprisonment in Soumya Vishwanathan and Jigisha Ghosh murder cases

“There is a need to respect the rights of convicts and need to acknowledge the importance of being released on parole for several purposes, including for maintaining social ties with family. However, the Courts are bound to consider counterbalancing public interest while deciding issue of grant of parole.”