High Courts Archives

passing off action against registered proprietor

Delhi HC resolves “Kerly Impasse” in ‘FIELDMARSHAL’ Trademark Dispute; holds prior user prevails over dormant registration

“A textbook case of the ‘Kerly impasse’ where infringement and passing off coexist as concurrent causes of action”

Universities must regulate student political activities and ensure congenial atmosphere to curb violence: Kerala HC

“It is the responsibility of the Universities and Colleges to ensure that no untoward incident takes place in the campuses, and they must make all endeavour to ensure that academics is not compromised for reason.”

Case Briefs High Courts

Read Why Madhya Pradesh High Court dismissed plea challenging ED search in SKNL bank fraud case

The respondent stated the petition is premature since ED already filed proper applications about search, seizure, and property attachment. Therefore, the Court stated that petitioner can raise all objections, including legality, before the adjudicating authority under PMLA.

Case Briefs High Courts

“Humiliating, would cast a permanent scar on his character”: Allahabad HC quashes direction to student to display placard saying he won’t misbehave with girls

“Direction of such nature wherein the appellant would carry a placard with message that he will never misbehave with any girl and stand at the gate of the University carrying placard for 30 minutes for 30 days, is not only humiliating but would cast a permanent scar on the character of the appellant, which, in the circumstances of the case, is not called for.”

Case Briefs High Courts

Delhi HC issues protective directives for lawyers, including Round-the-Clock Security, Bar Council Inquiry, Court Security Arrangements, etc.

“Learned counsel, in unison, have expressed their concern about the reported incident and have categorically stated that such incident, if it had occurred, not only threatens security the individual lawyers practicing in the Courts, but also erodes the dignity and propriety of the proceedings of the Courts.”

Case Briefs High Courts

Kerala HC directs closure of unrecognised school teaching Quran; Allows temporary operation only till 2025-26

“It was undisputed that the educational institution was being run without valid recognition from the Government concerned, and the averments in the educational institution’s counter affidavit stated that the said institution was imparting preschool education to about 300 students, teaching Quran and allied subjects.”

Case Briefs High Courts

Permanent alimony does not absolve husband’s sacrosanct duty of financial support: Jharkhand HC upholds Rs 24,000 maintenance under S. 125 CrPC

“She is entitled in law to lead a life in the similar manner as she would have lived in the house of her husband, as that is where the status and strata come into place, and that is where the obligations of the husband, in case of a wife, become prominent.”

Case Briefs High Courts

Born in India = Citizen by Birth: Delhi High Court grants Passport Relief to Tibetan-origin woman

“A person is an Indian citizen by birth in terms of Section 3(1)(a) of the Citizenship Act, 1955, if such person was born in India on or after 26 January 1950 but before 1 July 1987.”

Case Briefs High Courts

“Sanitation is a Basic Human Right under Article 21”: Bombay HC orders Adequate Toilets in Mumbai Slums

“Making adequate provisions for toilets / sanitation facilities concerns the basic human rights under Article 21 of the Constitution/”

Case Briefs High Courts

Examiner entitled to correct/re-evaluate marks “at the first blush”; Delhi HC dismisses plea challenging DJSE-2023 evaluation process

“In view of the express bar on re-evaluation, the subjective nature of the assessment, and the absence of any material error or exceptional circumstance, judicial interference is unwarranted.”

POCSO acquittal over victim's unreliable statements

Case Briefs High Courts

Inside Karnataka HC’s order upholding acquittal in POCSO case; highlights victim’s inconsistent and untrustworthy statements

The Court observed that the victim admitted being about 18 years old, while her father’s evidence on age was inconsistent. With contradictions between oral and medical evidence, minority was not proved, and hence, Protection of Children from Sexual Offences Act, 2012 could not be invoked.

Case Briefs High Courts

‘Merely addressing the gathering’; Patna HC quashes assault case against Bihar Minister Santosh Kumar Suman

Upon perusal of the FIR and considering the submissions, the Court held that there was clearly no allegation of assault against Santosh Kumar and he was only addressing the gathering, which did not support the prosecution’s case.

transfer of case not allowed on imaginary anxieties

Case Briefs High Courts

Punjab and Haryana HC: Transfer application cannot be allowed on whims or imaginary anxieties; clear evidence of genuine risk to fair trial required

“Judicial error is not synonymous with judicial partiality and hence mere passing of an unfavorable order, or even an order subsequently set aside by a superior Court, does not ipso facto establish a foundation for bias or prejudice.”

execute decree without imposing conditions

Case Briefs High Courts

Executing Court should execute decree without imposing onerous condition: Punjab and Haryana High Court

In the present case, the Executive Court imposed a condition directing the petitioner to furnish a bank guarantee for release of the amount.

Case Briefs High Courts

Delhi HC raps SSC for serious lapses in administration of CGLE question papers and answer keys

“The magnitude of these revisions is not merely incidental; it bespeaks a systemic lapse in the framing, vetting, and finalisation of the question papers and answer keys, including issues of translation parity, which should have been unambiguous from the outset.”

Case Briefs High Courts

Bar Association not ’employer’ under POSH Act: Kerala HC sets aside Internal Complaint Committee’s report on alleged harassment

“The term ‘employer’ means someone who exercises control over a workplace in the context of an employment relationship and discharges contractual obligations towards employees.”

Case Briefs High Courts

Criminal Antecedents Have Societal Impact, Cannot Be Brushed Aside; Orissa HC Denies Bail in Extortion-Arms Act case

“The criminal antecedents of an accused cannot be brushed lightly as it has got definite impact on the society.”

public prosecutor cannot seek police remand

Case Briefs High Courts

Public Prosecutor has no independent authority to seek police remand in absence of investigative agency’s request: J&K and Ladakh HC

“While the co-accused were acquitted on 19-8-2013, the absconders surrendered on 25-1-2014 and were subsequently formally charged. Since the co-accused were acquitted, the impugned order merged into the final judgment, and the revision petition was rendered infructuous.”

claim to be made and petition under Section 11 Arbitration Act

Case Briefs High Courts

Arbitration and Conciliation Act, 1996 | Time-Barred Claim ≠ Time-Barred Section 11 Petition: Punjab and Haryana High Court appoints Second Arbitrator

“The issue with regard to the time barred claim is not to be gone into at the reference stage under Section 11 of the Arbitration and Conciliation Act, 1996 but can be seen only by the Arbitrator/Arbitration Tribunal at the relevant stage.”

Case Briefs High Courts

‘Continuation of these futile litigations adding to judiciary’s burden’; Allahabad HC quashes cases against two men involved in 1991 UP Vidhan Sabha Ruckus Case

“It is expected that the committee constituted by the State would come up with effective solution to weed out the futile litigations pending across the State so that the efficiency with which the judiciary should function is restored and the deadwood is chiselled off from the overgrowing dockets of the District Courts.”