High Courts
'Complete Specification' Of Invention In Patent Is Sacrosanct To Determine Case Of Infringement: Delhi High Court
The Delhi High Court has made it clear that the 'Complete Specification' of an invention is sacrosanct for determining infringement of its patent.Justice Amit Bansal held, “Once the plaintiff has itself identified features that are essential to the suit patent in the Complete Specification, it is estopped from contending that they are not essential so as to make out a case...
S.91 CrPC | Payment Platforms Must Disclose User Details To Agencies Investigating Criminal Case/ Cyber Crimes: Karnataka High Court
The Karnataka High Court has dismissed a petition filed by digital payment intermediary 'Phonepe', challenging a police notice seeking transaction details/ full account credentials of its registered users and merchants, while investigating a criminal case.In doing so, Justice M Nagaprasanna said,“The duty to protect data must yield, where public interest and criminal investigation...
Prolonged Incarceration Undermines Right To Life, Conditional Liberty Must Override Bail Restrictions Under MCOCA: Delhi High Court
The Delhi High Court has ruled that conditional liberty must override the statutory restrictions on grant of bail under Section 21 of Maharashtra Control of Organised Crime Act (MCOCA). Justice Amit Mahajan observed that despite the stringent requirements imposed on an accused for bail, such requirements do not preclude the grant of bail on the grounds of undue delay in the completion of...
'Extremely Coercive': Gujarat High Court Upholds Denial Of Conjugal Rights To Wife After Noting She Attempted Suicide, Defamed Husband
The Gujarat High Court upheld decisions of the trial court and appellate court which denied restitution of conjugal rights to the wife, after noting that she had attempted to commit suicide which amounts to extreme coercive behaviour with an intention to emotionally manipulate and mentally distress the husband.The court further noted that the wife had also printed "defamatory posters"...
'Attempt To Shirk Responsibilities': MP High Court Slams State For Denying Compensation To Late Policeman's Wife Under CM Covid-19 Scheme
The Madhya Pradesh High Court pulled up State authorities for denying compensation to wife of a policeman who died while performing duty during the Covid-19 Pandemic.While setting aside the impugned order, the Court directed the authorities to pay compensation to the petitioner as per Mukhya Mantri COVID-19 Yoddha Kalyan Yojna (CM COVID-19 Warrior Welfare Scheme). Justice Pranay Verma in...
Rajasthan HC Directs IDBI Bank To Refund ₹58 Lakh To Victim Of Cyber Crime, Directs Action Against Those Selling Customer's Data
Granting relief to a victim of digital fraud who lost Rs. 58 Lakh from his IDBI bank account due to unauthorized electronic transactions, the Rajasthan High Court directed the bank to refund the entire amount with interest in view of the “Zero Liability” direction by RBI in its July 6, 2017 circular.As per the Circular, in the event of any unauthorized transactions in anyone's bank...
Treadmills & Other Gym Equipment Qualify As 'Sports Goods' Under Entry 60 Of A.P. VAT Act: Andhra Pradesh High Court
The Andhra Pradesh High Court has held that while treadmills, dumbbells, rotators and fit-kit exercise kits, cannot be associated with one specific sport, these equipment are nonetheless used by sports persons to maintain physical fitness and thus fall in the description of “sports goods”.While allowing a writ petition of a dealer of gym equipment who contended that such equipment related...
Under Trial Must Obtain Permission From Court To Travel Abroad Prior To Applying For Issue/ Re-Issue/ Renewal Of Passport: Allahabad HC
The Lucknow Bench of the Allahabad High Court has held that an under trail must obtain permission for travelling abroad from the Court concerned prior to applying for issue, re-issue or renewal of passport before the passport authority.The bench of Justice Rajan Roy and Justice Om Prakash Shukla held “A plain reading of the provisions of Passport Act, 1967 and the beneficial Notification...
Rights Conferred By Hindu Succession Act Prevail Over Rights Claimed By Nominee U/S 39(7) Of Insurance Act: Allahabad High Court
The Allahabad High Court has held that Hindu Succession Act, 1956 prevails over the Insurance Act, 1938 as the rights guaranteed to the successor under the former cannot be defeated by the rights guaranteed to the nominee under the latter enactment.While dealing with the claim of the mother-nominee over the insurance money of her deceased daughter against the rights of the daughter of...
Bombay HC Orders Woman To Give Voice Sample To Verify Husband's Claim About Extra-Marital Affair, Says Magistrate Has Power Under DV Act
If there is adequate material on record, a person can be compelled to give voice samples, even in Domestic Violence cases, the Aurangabad bench of the Bombay High Court recently held while allowing a husband's appeal seeking a direction to his wife to provide her voice sample so as to prove her 'extra-marital' affair. Single-judge Justice Shailesh Brahme order a woman to provide her...
Rajasthan HC Retains Sexual Harassment Charge Against Man For Showing Adult Videos To Child, Says Intent To Be Assumed When Harassment Is Proved
Rajasthan High Court ruled that comprehensive reading of Sections 11 and 30 of POCSO Act reflected that in prosecution for sexual harassment, the Special Court was mandated to presume existence of the sexual intent once the prosecution had proved commission of the act constituting sexual harassment.These observations were given by Justice Manoj Kumar Garg while hearing a revision petition...
J&K High Court Cancels Advocate's License After 16 Years Over Fake LL.B Degree
The Jammu and Kashmir High Court has cancelled the enrollment of Advocate Sajad Ahmad Shah, nearly 16 years after he began practicing law, upon discovering that he had obtained his license based on a fake and forged LL.B degree.Shah who is resident of Srinagar, was enrolled with the Bar Council of Jammu and Kashmir and his name was subsequently entered into the Roll of Advocates in...