High Courts
Anticipatory Bail Can Be Filed From Abroad But Accused Must Come To India Before Final Hearing: Punjab & Haryana High Court
The Punjab and Haryana High Court has said that although "an application for pre-arrest bail can be filed even by a person residing outside the country, however, the only limitation is that prior to the final hearing, the applicant must be inside the country" to enable the Court to impose and enforce bail conditions.Justice Namit Kumar in his order observed, "a person sitting on an armchair in...
Breach Of Fiduciary Trust By Manager Cannot Be Taken Lightly: J&K High Court Denies Bail in ₹71 Lakh Embezzlement Case
Taking strong exception to the alleged abuse of fiduciary trust, the High Court of Jammu & Kashmir and Ladakh has refused to grant anticipatory bail to a petrol pump manager accused of defrauding his employer of over ₹71 lakh.Justice Sanjay Dhar observed that when a manager, taking advantage of the trust reposed in him by his employer, proceeds to commit breach of such trust, the...
Gujarat High Court Reserves Verdict On Pleas Against Proposed Eviction For Road Widening Project As Part Of 2036 Olympic Bid Plan
The Gujarat government on Wednesday (May 28) opposed pleas before the High Court challenging orders directing occupants of certain plots to vacate and hand over possession to the Ahmedabad Municipal Corporation in 7 days failing which their eviction is proposed under the Gujarat Town Planning and Urban Development Act.Notably it was argued by the State that it is widening the road near...
Delhi High Court Allows DPS Dwarka Students To Continue Studies On Parents Depositing 50% Of Hiked School Fee
The Delhi High Court has directed that students of Delhi Public School (DPS) Dwarka, whose names were struck down from the school rolls, shall be allowed to continue their studies, subject to the parents depositing 50% of the hiked school fee for the academic years 2024-25 onwards.Justice Vikas Mahajan passed the interim order in a plea moved by over 100 parents over the issue of school fee...
Not Necessary To Use Trademark In Physical Form, May Be Used In Any Other Relation To Goods: Delhi High Court
The Delhi High Court has made it clear that it is not necessary that a trademark must be used in a physical form in relation to the goods.While referring to Section 2(2)(c) of the Trademarks Act 1999, a division bench of Justices Navin Chawla and Shalinder Kaur held that the mark may be used in any other relation whatsoever to such goods.It observed, “The “use of a mark” in relation...
Even Brief Or Momentary Confusion In Mind Of Consumer Sufficient To Establish Trademark Infringement: Delhi High Court
The Delhi High Court has held that even a momentary confusion between two competing trademarks in the mind of a consumer is sufficient to constitute trademark infringement.A division bench of Justices Vibhu Bakhru and Sachin Datta thus granted interim relief to US based casual and sports apparel brand Under Armour in its appeal against an Indian company manufacturing clothes and footwear...
Consumer Compensation Or Replacement U/S 14 Of Consumer Protection Act Requires Conclusive Proof Of Deficient Service: J&K High Court
Reinforcing a critical principle under consumer law, the High Court of Jammu & Kashmir and Ladakh has held that for an award of compensation or replacement of goods under Section 14 of the Consumer Protection Act, 1986, it must be conclusively established that the service provider was negligent or deficient in service.The Division Bench of Justice Sindhu Sharma and Justice Vinod...
Courts Must Apply Principle Of Proportionality While Imposing Sentence Under NPDS Act: Himachal Pradesh High Court
Himachal Pradesh High Court held that, while imposing a sentence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, trial courts must adhere to the principle of proportionality and should not deviate from the quantity-based sentencing framework prescribed by the Central Government.Justice Rakesh Kainthla: “The learned Trial Court held that the impact of heroin is severe...
Veterinary Student Death: Kerala High Court Disposes Mother's Appeal Against Order Halting Expulsion Of Accused Students
The Kerala High Court on Wednesday (May 28) disposed of appeals moved by the mother of veterinary student Sidharthan J.S., who allegedly committed suicide last year. The writ appeals were filed against a single judge's order, which had quashed the expulsion of nineteen students of the College of Veterinary & Animal Sciences at Mannuthy. The Division Bench of Justice Amit Rawal and...
Limitation Act Applies To Proceedings Under Interest On Delayed Payments To Small Scale & Ancillary Industrial Undertakings Act: Telangana High Court
The Telangana High Court bench of Justice P. Sam Koshy and Justice N. Tukaramji have held that the provisions of the Limitation Act, 1963 are applicable to proceedings initiated under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings Act, 1993. The Court clarified that the overriding effect under Section 10 of the 1993 Act applies only to the express...
'Issue Apology Or Face Detention': Delhi High Court Pulls Up TMC MP Saket Gokhale On His Failure To Apologize To Lakshmi Puri
The Delhi High Court on Wednesday issued a show cause notice to Trinamool Congress MP Saket Gokhale as to why he should not be committed to civil detention for his failure to comply with the direction to publish apology for defaming Lakshmi Puri, former Indian Assistant Secretary-General to the United Nations. Justice Manmeet Pritam Singh Arora observed that by not complying with the...
No Vicarious Liability U/S 34 of Drugs & Cosmetics Act Without Proof of Responsibility for Company's Affairs: Himachal Pradesh High Court
The Himachal Pradesh High Court held that vicarious liability for the supply of sub-standard quality drugs under Section 34 of the Drugs and Cosmetics Act, 1940, can't be established unless it is specifically proved that the person was directly in charge of, and responsible for, the conduct of the company's affairs.Justice Rakesh Kainthla: “The complainant needs to aver in the complaint...