High Courts Archives | Page 132 of 591

‘Right to get pension immediately after retirement is a recognised right’; Calcutta High Court directs payment of retiral benefits

Calcutta High Court held that any wrong deductions from the petitioner’s salary should not defeat the rightful claim for pension, a recognized right immediately after retirement.

Case Briefs High Courts

Himachal Pradesh High Court stays registration of contempt of court case against HPNLU Vice Chancellor

“Prima facie, even before the registration of contempt case against the Vice Chancellor of Himachal Pradesh, National Law University, Single Judge could not have given a finding that she had committed wilful disobedience of the Court’s order.”

Case Briefs High Courts

Know why Kerala High Court refused abortion for minor impregnated by minor brother

The Court also peremptorily directed the parents to ensure that the minor brother against whom allegations were made for impregnating his minor sister was not allowed anywhere near her or to have access to her in any manner.

Case Briefs High Courts

Calcutta High Court upholds eviction decree on non-compliance of stringent requirements under Section 7 of the W.B. Premises Tenancy Act, 1997

Calcutta High Court observed that the Compliance with mandatory provisions, specifically Section 7(1) and (2), is crucial for a tenant defending against eviction under the West Bengal Premises Tenancy Act.

Case Briefs High Courts

Benefit of interim maintenance cannot be denied merely based on unproven allegations of illicit relationship: Delhi High Court

“The object of the Domestic Violence Act, 2005 is to provide for more effective provisions to safeguard the rights of the women who are victims of violence of any kind occurring within the family, and for matters connected therewith or incidentally thereof.”

Case Briefs High Courts

Calcutta High Court upholds Presidency Small Cause Court’s jurisdiction to decide ejectment suit under W.B. Premises Tenancy Act, 1997

The Calcutta High Court upheld legislative competence to confer jurisdiction on Presidency Small Cause Court, considering the specific language of Section 12A excluding jurisdiction of any other court.

Case Briefs High Courts

“Press must refrain from publishing contents that are manifestly defamatory in nature, Must duly verify such content”; J&K and Ladakh HC observes

The High Court further stated that, truth is no defence for publishing defamatory material against a private citizen where no public interest is involved.

Case Briefs High Courts

‘Temporary nature of agreement and renewals indicates license status’; Calcutta High Court orders eviction

“Even if there are certain clauses which the parties may have aided from the tenancy legislation, is no ground to … declare the unambiguous leave and licence agreement to be an agreement of tenancy ignoring preponderance of probability.”

Case Briefs High Courts

J&K and Ladakh HC quashes the detention order issued in 2022 based on an FIR registered against a detenue in 2004

The petitioner was detained in June 2022 based on a FIR registered against him in 2004. However, the petitioner had already been acquitted from the charges levied against him in 2004.

Case Briefs High Courts

Delhi High Court issues directions for immediate financial assistance and recovery of back wages for rescued child labourers

“Benefits to labourers under Standard Operating Procedure formulated by Government of Delhi provided that Labour Department must immediately initiate proceedings for recovery of back wages from accused employers/owners, including wages for overtime in accordance with Minimum Wages Act, 1948.”

Case Briefs High Courts

‘Similar to mark GK HAIR’; Delhi High Court restrains use of mark ‘GK WELLNESS’ for hair care products in infringement suit by company Van Tibolli

“Refusal of injunction will be contrary to public interest, as there will be likelihood of confusion, in the public, between the products of defendants and plaintiffs because of similarity of the marks used by them.”

Case Briefs High Courts

Calcutta High Court quashes KMC’s action under Section 17A of West Bengal Inland Fisheries Act, 1984 over Water Body Restoration dispute

Calcutta High Court held that Kolkata Municipal Corporation’s (KMC) actions under Section 17A of the West Bengal Inland Fisheries Act, 1984 without proper findings on water body’s capability illegal.

Case Briefs High Courts

Delhi High Court| Inability of one spouse to prove ‘saptapadi’ ritual in second marriage at summon stage not a loophole to evade bigamy charges

The law cannot be powerless to stop, punish or limit clandestine marriages and unions when the first wife or husband are alive and the valid marriage subsists, as now a spouse performing a second clandestine marriage would not also be liable to punishment for adultery as it is no more an offence.

Case Briefs High Courts

[Contempt of Court] Delhi High Court sentences advocate to six months in jail for making scandalous, unwarranted and baseless imputations against Judges

“It is incumbent upon the Courts of justice to check such actions with a firm hand which otherwise will have pernicious consequences.”

Case Briefs High Courts

Calcutta High Court rejects Post-Retirement Regularisation due to irregular appointment and lack of sanctioned post

Calcutta High Court rejected the claim of discrimination based on the regularisation of other employees.

Case Briefs High Courts

Contractual Appointment can’t be terminated without affording opportunity of hearing: Jammu & Kashmir & Ladakh HC reiterates

The High Court observed that terminating contractual appointments is impermissible without providing an opportunity for a hearing, particularly when the termination is grounded in allegations of misconduct that tarnish the employee’s reputation.

Case Briefs High Courts

Delhi High Court sets aside Single Judge’s order affirming revocation of PepsiCo’s registration for potato variety FL 2027 used in Lay’s chips

“It will be wholly arbitrary and illogical to accord a judicial imprimatur to an order of revocation which is founded on a factor which has no material bearing on the ultimate grant or which fails to meet the tests of fundamental ineligibility and invalidity.”

Case Briefs High Courts

Delhi High Court restrains manufacturers from selling cosmetic products imitative of Blue Heaven’s products and packaging

“Defendants’ use of a similar mark/packaging in similar combinations not only raises concerns about potential confusion but also suggests an attempt to free ride on plaintiff’s established reputation.”

Case Briefs High Courts

Section 357A of CrPC and Rajasthan Victim Compensation Scheme, 2011 are applicable to incidents occurred prior to their enactment: Rajasthan High Court

“Where women are honoured, divinity blossoms there and where women are dishonoured, all actions no matter how noble remain unfruitful.”

Case Briefs High Courts

[Hindu Marriage and Divorce (Orissa High Court) Rules, 1956] Joinder of ‘Paramour’ as necessary party not mandatory in all divorce cases: Orissa HC

Rule 5 of the Hindu Marriage and Divorce (Orissa High Court) Rules, 1956 provides for Necessary parties- (a) In every petition for divorce or judicial separation on the ground that the respondent is living in adultery or has committed adultery with any person, the petitioner shall make such person a co-respondent.