High Courts
Delhi High Court Issues Permanent Injunction Against Copyright Infringement Of 'Mirchi' And 'Radio Mirchi' Content
The Delhi High Court has issued a permanent injunction against unauthorized broadcasting and transmission of audio content owned by Entertainment Network (India) Limited, a radio broadcaster, which owns and operates FM radio stations across the country under the trademarks 'Mirchi', 'Radio Mirchi' and 'Sunday Suspense'.Entertainment Network (plaintiff), sought a permanent injunction...
Res Judicata Not Applicable To Domestic Violence Proceedings Where Circumstances Justify Filing Second Petition: J&K High Court
The Jammu and Kashmir and Ladakh High Court has clarified that the principles of res judicata or analogous provisions of the Civil Procedure Code cannot restrict proceedings under the Domestic Violence (DV) Act if the aggrieved person provides valid reasons for filing a second petition after withdrawing the earlier one.Dismissing a petition challenging the lower court orders Justice Sanjay...
Waving Black Flag To A Person Neither Defamation Nor An Illegal Act: Kerala High Court Quashes Case For Protesting Chief Minister's Convoy
The Kerala High Court has stated that showing or waving a black flag at a person cannot be perceived as a defamatory or illegal act to attract an offence under Section 499 of the IPC. The Court further stated that even if a flag of any colour is displayed as a form of protest, it cannot be regarded as defamation in the absence of any law prohibiting such an act.In the facts of the case,...
State Govt Can Take Action Against IPS Officers Serving In Their Territory: Centre Tells Calcutta High Court
The Calcutta High Court on Thursday was told by Additional Solicitor General Ashok Kr Chakrabarti appearing for the central government, that the Department of Personnel and Training was not the competent authority to take action against IPS officers deployed in various states.The ASG submitted a circular dated 24th October by the Ministry of Home Affairs, to a division bench of Chief Justice...
Before Starting Enquiry, ICC Can Try To Settle POSH Act Case: Madhya Pradesh HC Allows NIT Asst Prof's Plea Against Dismissal From Service
While allowing an NIT Bhopal Assistant Professor's plea against dismissal from service who was accused of sexual harassment, the Jabalpur bench of the Madhya Pradesh High Court said that the Internal Complaints Committee can, before starting the departmental enquiry, try to "settle" the case by referring the matter to conciliation. In doing so, the court mentioned the importance of complying...
Delhi HC Upholds Denial Of Capital Gain Exemption For Property Described In Sale Deed As “Makaan” But Having Brick-Kiln Construction
The Delhi High Court has refused to interfere with an ITAT order declining capital gain exemption under Section 54F of the Income Tax Act, 1961 with respect to a property described as “makaan” (house) in the registered sale deed but in actuality having a brick kiln construction. Section 54F offers exemption from long-term capital gain tax on the sale of non-residential assets when...
Calcutta High Court Orders Dismantling Of Unauthorised Advertisement Hoardings In Bidhannagar Within 48 Hours
The Calcutta High Court has directed advertisers with hoardings in Kolkata's Bidhannagar area, to take immediate steps to dismantle unauthorised hoardings immediately within the next 48 hours, failing which the Municipal Corporation would be directed to dismantle them and recover costs.A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya express "surprise" over...
Overbearing Officials Can't Harass Deceased Employee's Family: Allahabad HC Orders Interest On 14-Yr Delay In Payment Of Retiral Dues
The Allahabad High Court last week directed state authorities to pay interest (fixed at 8 per cent) on the 14-year delayed disbursement of retiral dues to the wife of a state government employee, who died in harness in the year 2005. Noting that the state authorities had adopted a callous attitude to the plight of the petitioner-wife, a bench of Justice Ajay Bhanot underscored...
Removal From Service For Submitting Forged Marksheet Disproportionate For Constable With Unblemished Record Of 38 Yrs: Rajasthan High Court
Rajasthan High Court set aside the punishment of removal from service against a constable (“Petitioner”) who was charged for submitted a forged marksheet at the time of entering the service, ruling that given the unblemished record of 38 years of service of the Petitioner, and the nature of the misconduct, the punishment was disproportionate and excessive.The bench of Justice Vinit...
Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
The Bombay High Court ruled that when the Revenue Dept. did not allege any malice on the part of Assessee in the context of disposal of the proceedings, then inaction on the part of Adjudicating Authority to dispose of the proceedings cannot be attributed to Assessees.Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order,...
DRT May Entertain Plea Against Measures To Recover Secured Debts Beyond Limitation If Satisfied With The Reasons: Gauhati High Court
The Gauhati High Court has recently held that the Debt Recovery Tribunal has to dispose of an application under SARFAESI Act made against measures to recover secured debts by any person in accordance with Section 24 of the Recovery of Debts and Bankruptcy Act which applies the provisions of the Limitation Act to tribunal proceedings.For context, Section 24 of the RDB Act states that...
"Humanity Is Above All": Calcutta High Court Frowns Upon Fatal Clashes Between Worshippers Outside Mosque, Orders Police To 'Take Control'
The Calcutta High Court on Wednesday expressed concern over clashes between two groups of worshippers over prayer timings outside a mosque, leading to one death and several injuries.Justice Tirthankar Ghosh took exception to the outbreak of violence, and directed the local police to "Take over" and regulate entry and exit to the mosque."Humanity is above all...which religion says that you have...