High Courts Archives

[VIAGRA v. VIGOURA] ‘Confusion between medicinal products pose serious risks to public health’; Delhi HC grants permanent injunction in favour of Pfizer Products

“When consumers encounter different products with similar branding in the same retail context, the risk of assuming a common source or affiliation increases.”

Case Briefs High Courts

Utterances such as “go and hang yourself” spoken while venting out anger, can’t become an ingredient for abetment to suicide under S. 306, IPC: Karnataka HC

The Court quashed proceedings for abetment of suicide initiated against the husband who told a Priest of Church “to go hang himself” for having an illicit affair with his wife.

Case Briefs High Courts

Know why Allahabad HC restrained two advocates from entering Prayagraj District Court and prohibited them from practicing law within the State

“Instances of this kind pose a serious challenge to the very functioning of the judicial system and the incident has to be viewed seriously”

Case Briefs High Courts

Bombay HC falls short of words to describe “mental, psychological and physical state of the victim” while rejecting bail for sexually abusing child for 9 years

Due to the horrendous nature of crime committed by the applicant, the victim, a 17-year-old child, turned into a nymphomaniac.

Case Briefs High Courts

Retrospective re-fixation of salary and pensionary benefits post-retirement is not in accordance with law: Madras HC

The petitioner was retired from service by superannuation and hence, the employer – employee relationship between the petitioner and the University had come to an end and hence, the University holds no Authority to re-fix the salary and the consequential benefits of the petitioner.

Case Briefs High Courts

Sextortion represents profound violation of privacy, undermines individual dignity and is a significant social menace: Delhi HC denies anticipatory bail

During the analysis on National Cyber Reporting Portal, ten complaints are found, in which innocent people are cheated by the same accused persons through the same modus operandi.

Case Briefs High Courts

Read why Madras High Court refused anticipatory bail to Gangster Rocket Raja

Madras High Court remarked that Tirunelveli is a communal prone area. It is only for the past few years; the city has been without any communal violences. During the ensuing parliamentary elections, any small spark may lead to a catastrophe.

Case Briefs High Courts

Ujjain Sinhast Terror Alarm | MP High Court refuses to suspend sentence of man accused of creating potential Communal Disturbance

The prosecution alleged that the appellant, along with a co-accused, conspired to create disturbance during the Sinhast occasion at Ujjain by leaving behind the bag with explosive substances and forged identity documents to falsely implicate a particular community.

Case Briefs High Courts

‘Patwari is not God’; MP High Court directs to register FIR against Patwari for creating report to prove Former CM’s son title

Madhya Pradesh High Court held that Patwari may be a “demigod in the rural society but, he cannot supersede the legal provision”.

Case Briefs High Courts

Cattle Cruelty| Andhra Pradesh HC directs District Collectors of Kakinada and East Godavari to file report on safe keeping and transportation of cattle as per Government Order

The Court opined that some of the photographs annexed with the petition reflects a very sorry state of affairs. It reflects that number of dead animals in the cattle marketing area are being handled by cranes and other heavy machinery.

Case Briefs High Courts

Delhi HC quashes FIR against a man accused of fraud, forgery and fabrication of documents considering amicable settlement between parties

Petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent 2 also states that he has settled the disputes with the petitioner out of his own free will, volition and without any coercion.

Case Briefs High Courts

Candidate not necessarily suffering from disability set out in RPwD Act but having special needs is entitled to reasonable accommodation: Madras HC

“If the facilities required by the petitioner are denied, she will not be able to take the examination, which would lead to discrimination that is forbidden by Article 14 of the Constitution of India.”

Case Briefs High Courts

Dismissal of complaint for non-appearance not justified when case is transferred without intimation: Rajasthan High Court

Rajasthan High Court held that power of the Magistrate under Section 256 CrPC to acquit an accused is “not to be indiscriminately exercised whimsically and mechanically for the statistical purposes of removing a docket from its rack as it undermines the cause of justice.”

Case Briefs High Courts

[Sexual Harassment] Accused being a police personnel cannot be a ground to presume that witnesses will not depose against him: Delhi HC upholds setting aside of dismissal order

The Court stated that only because respondent is police personnel, it cannot be a ground to hold him guilty without conducting the statutorily prescribed departmental enquiry and that too in a matter, where the complainant and the witnesses are also police personnel.

Case Briefs High Courts

Bombay High Court directs State to provide information regarding effective implementation of Prohibition of Manual Scavengers Act, 2013

At present, as phase one, Bombay High Court directs that information be called from the Municipal Corporation of Greater Mumbai, Thane Municipal Corporation, Kalyan-Dombivali Municipal Corporation and MiraBhayander Municipal Corporation.

Case Briefs High Courts

Delhi Government, due to absence of the CM is at standstill; Delhi High Court rebukes State authorities over non availability of free textbooks and uniform

Non-availability of Chief Minister or non-formation of a Standing Committee or disputes pertaining to appointment of an aldermen by the LG or non-delivery of judgment by a competent Court or non-compliance of certain provisions of Delhi Municipal Corporation Act cannot come in the way of the school-going children receiving their free text books, writing material and uniform forthwith.

Case Briefs High Courts

Whether the Muslim Personal Law (Shariat) Application Act overrides Karnataka Stamp Act? Karnataka HC answers

The Court noted that what is not expressly recognised in Shariat law is not necessarily something which is forbidden. It may still be in tune with the philosophy of the Quran.

Case Briefs High Courts

Calcutta High Court: Writ petition under Article 226 not maintainable against Bar Association; To be challenged before competent court of law

Alipore Bar Association being not a state “other authority” or “agency or instrumentality” of the state within Article 12 and “authority or person” discharging public function within the meaning of Article 226, writ against Alipore Bar Association that too in the matter of election to the Bar Association is not maintainable.

Case Briefs High Courts

J&K and Ladakh HC directs resumption of defamation trial against Greater Kashmir vis-à-vis their articles alleging Rs 13 crore land sale by DAV School Management

It was further pointed out that Greater Kashmir is a popular newspaper and the impugned news articles condemning the DAV School management will obviously leave the public with a prima-facie impression that the DAV Management has acted as if “fence eating the crop”.

Case Briefs High Courts

Can a married couple seek parenthood under Assisted Reproductive Technology (Regulation) Act, 2021 despite age constraints for one partner? Calcutta HC answers

“Section 21(g) makes no difference between a woman who approaches a clinic for taking resort to such technology individually and a woman who is one of the spouses of a commissioning couple approaching a clinic for similar purposes.”