High Courts
Role Limited To Setting Paper: Gujarat HC Rejects Examiner's Plea Alleging University Illegally Gave Marks To Failed Students, Fines ₹50K
The Gujarat High Court dismissed with Rs. 50,000 cost an examiner's appeal who had alleged that Pandit Deendayal Energy University (PDEU) “manipulated the results to preserve its reputation” by illegally assigning marks to 30 students who had actually failed as per his assessment, underscoring that the plea was “a sheer abuse of the process of the Court.”In doing so the court noted...
Delhi High Court Directs Blocking Access Of IPTV Websites Infringing Star India's Content
The Delhi High Court has issued a temporary injunction in favour of the entertainment and media company, Star India Pvt. Ltd, against infringement of its copyrights and broadcast reproduction rights by IPTV streaming applications.Star India Pvt. Ltd broadcasts popular content on its STAR channels including live sports content, trailers of upcoming films and television serials. It owns...
Mere Recovery Of Amount Without Conclusive Proof Of Demand Not Sufficient To Prove Charges Under Prevention Of Corruption Act: J&K High Court
The J&K High Court has held that a material discrepancy in the prosecution's case with respect to the mode and manner in which the demand for a bribe is made is sufficient to acquit the accused under the Corruption Act. The court also emphasized the principle that "Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, without proof of the demand,...
Person Accused Of Vandalising Property Upon Trespass Can Be Asked To Deposit Damages As Condition To Grant Bail: Kerala High Court
The Kerala High Court has held that a person booked for committing mischief under Section 324 of BNS along with house-trespass under Section 333 of BNS, can be asked to deposit an amount in accordance with the damage allegedly caused by him, as a condition precedent to bail. Justice P. V. Kunhikrishnan held that the courts should compulsorily impose this condition while giving bail and...
Excluding Psychiatric Treatment From Medical Reimbursement Schemes Violates Mental Healthcare Act: Jharkhand High Court
The Jharkhand High Court has held one cannot be denied reimbursement for expenses incurred to get treatment for mental health, ruling that excluding psychiatric treatment from medical reimbursement schemes violates the Mental Healthcare Act, 2017. It was emphasized by the Court that the treatment of mental health is required to be treated on a par with physical healthcare and that...
Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court
The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence.A single judge, Justice H P Sandesh dismissed the petition filed by Sunil Yadav who was convicted for offences...
Bombay High Court Quashes Criminal Case Against Nestle India For Allegedly Making Maggi With 'Substandard Materials'
The Nagpur bench of the Bombay High Court recently quashed a criminal case lodged against Nestle India for using "substandard" materials for producing "Maggi" and breaching the provisions of the Food Safety Standards (FSS) Act.The company was also facing criminal proceedings for violations of the regulations provided under the Food Safety Standards (Food Product Standards and...
Once A Citizen Has Been Conferred A Degree, It Would Be Valid All Over India & Has To Be Recognised By All Institutions: Karnataka HC
The Karnataka High Court has declared that the Kerala State or State Nursing Council cannot seek to deny registration of a Karnataka graduate in BSc Nursing, on the ground that the said student has not graduated from a college within the state.A single judge, Justice Suraj Govindaraj held thus while allowing a petition filed by two natives of Kerala who completed their nursing course in...
Both Denote Respect: Delhi HC Restrains Infringement Of NBFC's 'SVAMAAN' Trademark By Identical Business Using 'SAMMAAN' Name
The Delhi High Court has granted a temporary injunction in favour of Svamaan Financial Services Private Limited, a non-banking finance company (NBFC) providing microfinance loans, against trademark infringement by other businesses providing identical services using the 'SAMMAAN' formative name in their corporate logo.Justice Amit Bansal observed that the impugned 'SAMMAAN' marks were...
'Shocking', 'Lower Court Records Not Received By Appellate Court For 5 Yrs': Punjab & Haryana HC Calls Judicial Officer's Actions 'Unacceptable'
The Punjab & Haryana High Court has expressed shock at the actions of a judicial officer who failed to call for the lower court record of a case he was hearing on appeal for five years.The Court noted that the judge continued passing routine orders for five years without taking any effective steps to summon the case record from the Court situated in the same district.Justice N.S...
Officer's Inablity To Stop Assailant Despite Being Armed Showed Incapability To Continue As Member Of CRPF: J&K HC Upholds Dismissal Order
The J&K High Court has ruled that an army personnel's negligence in discharging their duties justifies the dismissal from the services, even if they are in the initial years of their service. It also held that the High Court cannot interfere with conclusions arrived at by the inquiry officer under departmental proceedings unless the same is found to be fanciful and perverse.The court...