High Courts Archives

Victim’s marriage to accused and childbirth not grounds to quash POCSO FIR: Bombay HC

The Court observed that merely because the girl had now given birth to a child the acts of the applicants could not be brushed aside.

Case Briefs High Courts

Delhi High Court grants partial relief to Princeton University in trademark infringement case

“The infraction of the rights of the appellant can take place in various shapes like dilution of its mark, initial interest confusion, and actual confusion.”

Case Briefs High Courts

‘This is attack on entire judiciary’: Jharkhand High Court condemns hooliganism made in open Court by advocate upon rejection of anticipatory bail

“If he will be allowed to go scot free, message will go in the society that anything can be stopped to be delivered by a Judge for if such type of hooliganism is made in the open Court.”

Case Briefs High Courts

‘Facilitating rape is a heinous offence’: Karnataka High Court rejects bail of accused

“The act committed by the accused along with another accused will remain in her life as a scar.”

Case Briefs High Courts

‘Commission would interfere with PMLA investigations’, Kerala HC affirms stay on State-ordered judicial inquiry into ED in UAE Gold Smuggling Case

“The audio clip and letter found, alleged coercion of ED officers to implicated CM Pinarayi Vijayan and other political leaders in a case involving seizure of 30 kg of gold worth Rs 14.82 crore at the Thiruvananthapuram International Airport on 06-07-2020, which was allegedly marked as ‘Diplomatic Baggage’ and was being sent to the UAE Consulate.”

Case Briefs High Courts

WhatsApp evidence and money trail: Bombay HC denies bail in cocaine smuggling syndicate case

“The WhatsApp chats recovered by the Cyber Forensic Laboratory from the mobile phones used by the applicant throw up evidence of his involvement in the smuggling syndicate of the contraband substance.”

Case Briefs High Courts

‘Mere repayment of misappropriated amount does not efface criminal prosecution’; Kerala HC refuses to quash foreign liquor corruption case

“The misappropriated amount showed that the foreign liquor found in shortage was a gigantic quantity and therefore, prima facie, it could not be held that the shortage occurred because of some unintentional omissions or oversights.”

Case Briefs High Courts

Delhi High Court grants relief to CROCS in trade mark dispute; cancels registration of ‘CROOSE’ mark

The petitioner company Crocs is a popular footwear brand with a widespread range of more than 300 styled for men, women and children which are popular both in India and abroad.

Case Briefs High Courts

Orissa HC recognises marriage as traditional necessity; Allows early withdrawal of fixed deposits under National Savings Time Deposit Scheme

“Rule 8(d) of the Scheme specifically provides for premature encashment. However, the thrust of the rule is the rate of interest payable on the deposit, when it is withdrawn after four years, but before maturity. Such a rule cannot be treated as putting a complete embargo against premature withdrawal. This being said, this Court does not express any opinion as to payment of interest, when premature withdrawal is done”

Case Briefs High Courts

Delhi HC orders probe against Magistrate and Sessions Judge for staying arrest despite dismissal of bail application by High Court and Supreme Court

The accused had been denied anticipatory bail by orders of the High Court as well as the Supreme Court which had been overlooked by the Judicial Magistrate and the Sessions Court while entertaining applications for anticipatory bail.

Case Briefs High Courts

Karnataka High Court allows repatriation of Russian mother and daughters found in isolated Gokarna caves

The Russian mother and the elder child had overstayed with another being born in India.

Case Briefs High Courts

Rajasthan HC holds S. 15(3) of Rajasthan Rent Control Act directory; Orders Tenant to plant and maintain 11 trees till disposal of application

“The reasons for passing this present order asking the petitioner to plant 11 plants is in the interest of the public at large and for the greater public good.”

Case Briefs High Courts

Delhi High Court protects EBC’s iconic ‘Coat-Pocket Constitution’; ‘Young Global Publishers’ injuncted from passing off deceptively similar edition

The plaintiffs, EBC Publishing Pvt Ltd (Eastern Book Company), a pioneer in law publishing for over 84 years and publisher of the widely cited Supreme Court Cases (SCC), approached the Court seeking protection of their flagship ‘coat-pocket’ edition of the Constitution of India, distinguished by its iconic red and black trade dress.

Case Briefs High Courts

Delhi High Court protects EBC’s iconic ‘Coat-Pocket Constitution’; ‘Professional Publishers’ injuncted from passing off deceptively similar edition

Case Briefs High Courts

Delhi High Court protects EBC’s iconic ‘Coat-Pocket Constitution’; ‘Rupa Publications’ injuncted from passing off deceptively similar edition

Case Briefs High Courts

Anticipatory bail maintainable only before High Court in absence of prima facie case under SC/ST Act: Andhra Pradesh High Court

The prosecution had raised a preliminary objection regarding the maintainability of the petition contending that the Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 puts an embargo on the High Court from hearing any anticipatory bail application.

Case Briefs High Courts

‘RTE Act and RPwD Act not applicable to Sainik Schools’: Madras HC upholds rejection of student’s admission for failing medical fitness norms

“Selection and admission to the Sainik School are subject to fulfilling admission criteria, eligibility, rank, merit list, medical fitness, verification of original documents, and such other criteria as may be prescribed by Sainik School Society. Therefore, in the event of an unfit medical report, the Principal is mandated to click the reject button on the e-counselling portal.”

50% marks in Superior Judicial Service Exam

Case Briefs High Courts

Criteria of securing minimum 50% marks in Punjab and Haryana Superior Judicial Service examination not arbitrary: Punjab and Haryana High Court

“It is open to the High Court to prescribe the criteria including cut off marks and ‘minimum marks qualification’ as has been envisaged in clause 8.4 of the notifications to assess the merit and suitability of the candidates to perform the sacrosanct duties of Judicial Officer.”

Case Briefs High Courts

Delhi High Court quashes order against A.R. Rahman in copyright infringement case of song ‘Veera Raja Veera’

“Indian classical music rarely follows a system of written notation or publication. Since ancient time, the compositions of Indian music were taught orally in the gurushishya Parampara , where knowledge was passed down through oral learning, improvisation, and repeated performance, rather than formal documentation. Hence, after explicitly declaring that fixation is not required, using fixation and performance as the determinative is against the legislation’s aim and objective.”

Law College rejection of Hindi answer sheet

Case Briefs High Courts

Bombay High Court affirms law college’s rejection of Hindi answer sheet citing BCI language mandate violation

“We do not find any reason that would outweigh the Rules of 2008 and the Circular. Moreover, the Rules of the Bar Council of India indicate that, besides English, students belonging to particular regions and States may write their answers in the regional language. For Maharashtra, the regional language is Marathi ”