HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Marital Rape; Peter England’s Trade mark; Maggie; MP Abdul Rashid’s parole; and more
A quick legal roundup to cover important stories from all High Courts this week.
Cost
‘Cost should be reasonable, not unbearable to litigant’; Gujarat HC reduces cost imposed on litigant denied right to file appeal due to non-payment of cost
“It is true that no case might have been made out for review, and thereby, the time of the Civil Court must have been consumed to decide such an application, but at the same time, the right available to the party cannot be taken away by the Court, as all concerned, including the Court, are governed by the law.”
Bombay HC grants bail to IIM graduate for drunk driving; directs community service holding a ‘Don’t Drink and Drive’ banner
The accused, a 32-year-old MBA graduate from Indian Institute of Management, Lucknow, was incarcerated for almost two months for drunk driving, violating check posts and damaging police barricades.
Bombay HC imposes Rs 25000 cost on Educational Institution clerk who attempted to hoodwink the Court by correcting his date of birth
The Sub-Divisional Officer, Miraj passed an order thereby correcting petitioner’s date of birth and therefore, the District Collector, Sangli was directed to issue notice to the Sub-Divisional Officer, Tasgaon, asking for an explanation, as to how he could record the date of birth as 02-06-1972.
‘No remorse or sympathy towards wife’s hardships’; Bombay HC imposes Rs 1 lakh cost on husband for opposing wife’s plea to transfer divorce case
If applicant-wife has to travel with her 15-months’ old son, it will be more difficult for her, since boarding and alighting from the local train at any given time during the day is extremely difficult proposition considering that trains are always overcrowded.
‘Will impose heavy cost, initiate contempt proceedings’; Gauhati HC grants last two months opportunity to State of Mizoram to set up State Human Rights Commission
The present petition is pending since 2021, and the Court observed that the State Government is not willing to set up State Human Rights Commission in State of Mizoram.
Bombay HC dismisses PIL filed by firm ‘Crimeophobia’ to constitute Transnational Sanatan Commission; imposes Rs 10,000 cost
The prayers made in the present PIL are not only omnibus in nature but also are multiple in number, covering diverse subjects and have no factual or legal basis for it.
Revenue officers’ inability to understand Court orders leads to MP High Court directing 6 Months training to enhance Judicial understanding
The Court directed the revenue officer to undergo a six-month training program to improve their understanding of judicial and quasi-judicial responsibilities when they pleaded inability to understand court order to reopen mutation file.
‘Departments not serious in solving water logging problem’; Gauhati HC imposes Rs 1000 cost and grants one more opportunity to file response
On 03-06-2024, the petitioner, North East Eco Development Society raised a serious issue regarding water logging in the city of Guwahati, which has persisted for a long time.
‘Unjust retention of money or another’s property is against fundamental principles of justice, equity and good conscience’; Jharkhand HC imposes Rs. 5 lakhs cost on JBVNL
“The imposition of cost on the party which started litigation without any just cause or took false and frivolous defences is necessary to discourage the dishonest litigant.”
Rajasthan High Court urges Governor to take action on State’s lethargic approach in crucial matters affecting rights of citizens
Rajasthan High Court expressed concern over State’s lethargic approach which jeopardized the interests of litigants and undermined the functioning of the justice system.
‘Ensure that transparent attempts to abuse legal process are nipped in the bud’; Delhi HC imposes Rs 1 lakh cost on advocate for resuscitating same plea for third time
When the legal process is abused by the members of the legal fraternity, who are supposed to be its protectors and preservers, the Court must take an extremely stern view of the matter.
‘No tax recovery can be made when GST Tribunal not constituted’; Patna HC imposes cost of Rs 5000 on GST Assessing Officer for ‘coercive’ tax recovery
“If the Appellate Tribunal under Bihar Goods and Services Tax, 2017 is constituted and an appeal is filed there can be no further proceedings taken for recovery of the balance amounts till the appeal is disposed of.”
Delhi High Court directs Voltranic India Lubricants to pay Rs. 1 lakh cost to Castrol Ltd. for infringing its ‘CASTROL’ mark
“Copying of so many marks, labels, packaging, and containers is a deliberate act on defendants’ behalf to gain monetarily by selling counterfeit products.”
‘Sale of counterfeits destroys market for genuine goods’; Delhi HC grants Rs. 11 lakhs as damages and costs to Aero Club for its mark ‘WOODLAND’ in trade mark infringement suit
“The infringement conducted by defendant by imitating plaintiff’s mark ‘WOODLAND’ and ‘tree device 
’ has been deliberate and calculated.”
NCLAT modifies Rs Ten Lakh cost for being highly excessive
While speedily and effectively disposing off the present appeal, the NCLAT modified the imposed cost from Rs. 10,00,000/- to Rs. 1,00,000/- for the restoration of the company’s name in the register maintained by the ROC.
Traffic blockage due to agitation, failure to deliver consignment within validity period of e-way bill; SC imposes cost of Rs. 59000 on Sales Tax Officer for illegally imposing penalty
“When the undeniable facts, including the traffic blockage due to agitation, are taken into consideration, the State alone remains responsible for not providing smooth passage of traffic.”
“What greater certificate of incompetence would there be for the legal Department!”; SC on State of MP “again and again” filing appeals after inordinate delay
“The State of Madhya Pradesh continues to do the same thing again and again and the conduct seems to be incorrigible!”
“All our counseling to Government and Government authorities have fallen on deaf ears”; SC on inordinate delay in filing appeals/petitions by Govt./State Authorities
“The Supreme Court of India cannot be a place for the Governments to walk in when they choose ignoring the period of limitation prescribed.”
Deposit Rs. 50,000 & recover it from the delinquent Gov’t officer; SC in an application seeking condonation of delay of 587 days
Supreme Court: In an application filed by State of Odisha, seeking condonation of delay of 587 days, the 3-judge bench of SK