High Courts
'Patentee Can't Be Made To Suffer For Negligence Of Agent': Orissa High Court Allows Restoration Of Expired Patent Beyond Deadline
The Orissa High Court has recently allowed a patentee to file application before the Controller for restoration of patent, even after expiry of the permissible restoration window of eighteen months, which ceased to have effect due to non-payment of renewal fees by the patent agent.While granting relief, the Bench of Justice Bibhu Prasad Routray held that a patentee cannot be made to suffer...
Delhi High Court Dismisses PIL Seeking 'Omnibus' Relief Over Missing Person Cases, Says Policing Must Be Left To Police
The Delhi High Court on Wednesday rejected a public interest litigation seeking “omnibus” prayers over the recent issue of persons being missing from the national capital. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia rapped the petitioner- Anand Legal Aid Forum Trust, noting that the PIL did not contain specific instances or details on the issue. As...
Long-Standing Discretionary Benefits Can Crystallise Into Service Conditions; Employer Cannot Withdraw Without Notice: Bombay High Court
The Bombay High Court has held that when a discretionary concession is granted repeatedly over decades through formal administrative approvals and published circulars, it may crystallise into a customary concession or service condition, and the employer cannot withdraw it without complying with Section 9-A of the Industrial Disputes Act, 1947. The Court observed that prospective discontinuance...
30 Years Of Inaction By Employer Cannot Defeat Compassionate Appointment; Age Bar Can't Be Invoked After Management's Delay: Calcutta HC
Holding that an employer cannot defeat a dependent's claim for compassionate appointment by sitting over the matter for decades and then raising an age bar, the Calcutta High Court refused to interfere with an Industrial Tribunal award directing employment to the son of a deceased coal worker. The Court observed that keeping a dependent waiting for nearly 30 years without either granting...
'Criminal Trials Affected Because FSL Report Not There': Kerala High Court Seeks State's Stand On Creation Of More Scientific Officer Posts
The Kerala High Court on Tuesday (February 17) sought the State government's stand regarding creation of more posts of scientific officers in the Forensic Science Laboratories (FSL) as recommended by the State Police Chief.The Division Bench of Chief Justice Soumen Sen and Justice C. Jayachandran was considering a plea preferred by the Kerala State Legal Services Authority (KeLSA) outlining...
Delhi High Court Issues Notice On PIL Seeking Robust Mechanism To Trace Missing Persons, Curb Disappearances
The Delhi High Court on Wednesday issued notice in a Public Interest Litigation seeking urgent directions to the authorities to put in place a robust mechanism to trace missing persons in the national capital and curb the rising incidents of trafficking and disappearances.A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia sought response of Union Government...
Madras High Court Refuses Interim Relief To Political Parties Delisted By ECI
The Madras High Court on Wednesday (18th February) refused to grant interim relief to political parties against their delisting by the Election Commission of India (ECI). The bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan noted that if any interim relief was to be granted, it would amount to allowing the main prayer itself. The court thus dismissed...
Wife's Convenience Prevails In Maintenance Cases; Husband's Plea Citing Widowed Mother Not Ground For Transferring Case: Karnataka High Court
Refusing to transfer a maintenance case on the husband's request, the Karnataka High Court observed that merely because his mother is a widowed aged lady would not be a ground for seeking transfer of the case from Chikkamagaluru to Bengaluru where he is residing. The court was hearing the husband's plea seeking transfer maintenance case pending before family court in Chikkamagaluru to the...
MP High Court Directs Bandhavgarh Tiger Reserve Field Officer To Submit Action Taken Report On Unnatural Tiger Deaths
The Madhya Pradesh High Court recently directed the Field Officer of Bandhavgarh Tiger Reserve to file a status report detailing the number of unnatural tiger deaths and the steps taken to prosecute responsible persons in a public interest litigation, raising concerns over the alarming rise in tiger deaths and incidents of poaching in the State.The division bench of Chief Justice Sanjeev...
'Cannot Specify Date For Return To India, English Courts Have Barred Me From Leaving England': Vijay Mallya Tells Bombay High Court
Former liquor baron Vijay Mallya on Wednesday while citing orders passed by the courts in England, told the Bombay High Court that he is unable to 'precisely' spell out as to by when he would exactly return to India since the English courts have barred him from leaving their jurisdiction. Notably, a division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad had on December...
Decide Expeditiously On Appointing NDMC Appellate Tribunal Presiding Officer: Delhi High Court To Centre
The Delhi High Court directed the Union Government on Wednesday to take a decision on issuing a notification for appointment of a presiding officer to head the Appellate Tribunal under Section 253 of the New Delhi Municipal Council Act, 1994. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia directed the Government of India to take a decision as expeditiously...
'Common Knowledge That Bride's Gold Is Entrusted With Husband After Marriage': Kerala HC Declines Man's Appeal Against Return Of Wife's Gold
The Kerala High Court recently dismissed a husband's appeal against a Family Court's order asking him to return 40 sovereigns of his wife's gold ornaments after disbelieving his version that the gold included those purchased by him.The Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar remarked that in a lot of cases, a woman does not always have custody of all of her...