High Courts Archives | Page 3 of 565

Bombay HC restrains Rupali Ganguli’s daughter Esha Verma from publishing defamatory posts against her

Social media platforms, print media, other digital/non-digital mediums and other relevant intermediaries are also restrained from publishing, sharing, hosting, circulating, or promoting any further defamatory content about plaintiff.

Case Briefs High Courts

Baggage Rules required to be re-looked to ensure no harassment of genuine tourists/travellers carrying gold jewellery: Delhi High Court

Bona fide tourists/travellers, travelling for social engagements in India with gold, which could be of a much higher value than the permissible limits, cannot to be expected to file detailed declarations, as this can make the entire process of entering India and exiting from airports extremely unfriendly or onerous.

Case Briefs High Courts

No fetter on Charity Commissioner’s power to entertain application for suspension, removal, or dismissal of trustee, whose Change Report is pending before Deputy Charity Commissioner: Bombay HC

The action for suspension, removal, or dismissal of the trustee under Section 41-D of the Maharashtra Public Trust Act, 1950 (‘the MPT Act’) is an independent action having no connection with the enquiry to be conducted under Section 22 of the MPT Act.

Case Briefs High Courts

‘Right to speedy trial is not a ‘free-pass’ for every undertrial to be released on bail’; DHC dismisses bail petition of Neeraj Bawania in double murder case

“The record shows that the petitioner (‘accused’) has committed heinous offences while he was on bail in other cases; and he has been convicted in the offences committed while on bail. When there is a long list of serious criminal involvements, the apprehension that the accused suffers from recidivism cannot be dismissed as imaginary.”

Case Briefs High Courts

Orissa HC initiates contempt case against former constable and his advocate questioning partiality of two Judges in Full Bench

“The affidavit raising the preliminary objection stated- That as the two Judges of Larger Bench have already disagreed with the view of the earlier Division Bench, their presence in the Full Bench will be a hindrance for an independent and open mind hearing. The point of law/question of law referred to be determined cannot be fair and unbiased. That, in this premises, the view of a third Judge will be immaterial as the disagreed view of the two judges will prevail. It is just like loosing of the case by the sole respondent is preordained.”

Case Briefs High Courts

Bombay HC grants compensation of Rs 4 lakhs each to father and mother of a man who died by accidentally falling from a local train

Appellants clearly discharged the initial burden to show that the deceased was carrying a valid monthly pass and was a bonafide passenger and that the pass must have been lost in the untoward incident.

Case Briefs High Courts

‘Again, found negligent of the same offence’; Delhi HC upholds punishment of an employee for being repeatedly ‘lethargic and irresponsible on duty’

The Court stated that though it may be true that the petitioner cannot be present at the same time on the entire stretch of 3 kms, but, the criminals having carried out activities at 12 places without being noticed by the petitioner, clearly shows that he is not diligent in the performance of his duty and it is a case of gross dereliction thereof.

Case Briefs High Courts

Question regarding substance of existence of agreement can only be determined by Arbitral Tribunal: Bombay HC

Even if it is presumed that signing an agreement with an arbitration clause can be regarded as submission of a (non-existent) dispute to arbitration, it will not follow that as a matter of law, since there will be no implied authority to execute such a contract. All these are issues that will pose mixed questions of fact and law and will relate to the substance of existence rather than the form of existence, i.e., a written agreement.

Case Briefs High Courts

Kerala HC grants bail to Boby Chemmanur in sexual harassment case, citing bail is rule & jail is exception; warns against body shaming

“Everybody should be vigilant while making comments about others, whether they are men or women.”

Case Briefs High Courts

Living together in a shared household through a relationship in ‘nature of marriage’ is also domestic relationship under DV Act: Delhi HC

In the present case, the allegation against the respondent (‘man’) was of domestic violence, while he lived in a shared household with the petitioner (‘woman’) for almost seven years in a domestic relationship, if not as a married couple but at least as a couple in the nature of marriage.

Case Briefs High Courts

‘MAHINDRA’ is not a trivial or inconsequential addition; Delhi HC rejects injunction in E-ZEO trademark dispute as Mahindra rebrands to ‘Mahindra Zeo’

While purchasing a motor vehicle, the name of the manufacturer becomes very important and an average consumer while deciding to purchase a motor vehicle would not only consider the model of the motor vehicle but also its manufacturer.

Case Briefs High Courts

‘Bail in NDPS case on ground of undue delay in trial, unfettered by rigours of S. 37’; Punjab and Haryana HC grants bail to accused of selling narcotics pills

“The right to life and personal liberty cannot be rendered nugatory by unwarranted delays in the judicial process, particularly where such delay(s) is neither attributable to the accused nor justified by the prosecution with cogent reasons. An individual cannot be kept behind bars for an inordinate period of time by taking refuge in the rigours of Section 37.”

Case Briefs High Courts

Lack of transparency in Medical Board’s justification for differential treatment violates Articles 14 and 16: Rajasthan High Court

“Equals must be treated equally and, therefore, the non-grant of the benefit to the petitioner despite his being otherwise eligible and meritorious, does not meet the judicial approval.”

Case Briefs High Courts

Support to terrorist organization monetarily or in the form of networking prohibited; Delhi High Court rejects bail appeal of LeT accused

When a terrorist organization like LeT is involved, which has already taken responsibility for various terror attacks in India, the tacit or active support to such an organization cannot be condoned in any manner.

Case Briefs High Courts

‘Social media complaints cannot be seen as lacking in gravity’; Telangana HC denies relief to caterer whose license was terminated after customer complaints

“Complaints/customer feedback on social media is an accepted mode of registering complaints against a service provider and the petitioner cannot adopt an ostrich policy in today’s time on the pretext that social media complaints do not deserve to be treated with seriousness.”

Case Briefs High Courts

‘Not a case of passive support to terrorist organisation’; Delhi High Court denies bail to alleged ISIS associate in UAPA case

The Court stated that the recovery of incriminating material recovered from the mobile phone of the appellant showing pro-ISIS material showed that the appellant is deeply influenced with the philosophy and ideology of the ISIS.

Case Briefs High Courts

Delhi High Court upholds injunction granted in favour of FMI Limited in ‘INDI’ vs ‘INDEED’ Trademark Dispute

The lack of bona fide on the part of the defendant is also demonstrated from the fact that it has adopted an identical colour combination of ‘blue and white’, as used by the plaintiff. Pertinently, most of the measuring tapes of the defendant selling under different marks do not bear the ‘blue and white’ colour combination.

Case Briefs High Courts

‘No proper inquiry, opportunity of hearing’; Chhattisgarh HC quashes stigmatic order terminating Gram Rojgar Sahayak from his service

The Court reiterated that before passing any stigmatic order for removal of any employee from service, a departmental enquiry was required to be conducted.

Case Briefs High Courts

Compounding of the offences permitted under IT Act; Orissa HC refuses to exercise power under S. 482 for quashing proceedings under S. 276(B) of Income Tax Act

The Circular dated 17-10-2024 issued by the Central Board of Direct Taxe provides fresh guidelines for compounding of offences under the Income Tax Act.

Case Briefs High Courts

Interpreting S.468(3) CrPC in a way which considers relevant offences as one where summons is issued leads to absurdity; Delhi HC dismisses petition to quash complaint

“Limitation seeks to prevent abuse of process by filing vexatious and belated prosecutions. However, at the same time, Criminal Procedure Code, 1973 (‘CrPC’) is not blind to the problems faced by litigants and provides for extension of the limitation period in certain cases under Section 473¹ of the CrPC. Thus, CrPC also ensures that interests of bona fide complainants are not affected.”