Page 8 - High Court

Delhi HC lists Engineer Rashid's plea to attend Parliament for March 25

The Delhi High Court on Tuesday listed a plea filed by jailed Jammu and Kashmir MP Sheikh Abdul Rashid alias Engineer Rashid seeking permission to attend the ongoing Parliament session for hearing on March 25. A bench of justices Chandra Dhari Singh and Anup J Bhambhani deferred the hearing after the counsel for the National Investigation Agency (NIA) said a trial court was scheduled to pronounce its verdict on the Independent Baramulla MP's regular bail plea on March 19. The senior counsel appearing for Rashid said he received the agency's response to the plea on Monday evening. Rashid, who is facing trial under the Unlawful Activities (Prevention) Act (UAPA) in a 2017 terror funding case, has challenged a March 10 trial court order refusing him custody parole or interim bail to attend Lok Sabha proceedings till April 4. In the reply filed to the appeal on March 17, the NIA said Rashid couldn't be allowed to use his status as MP to "get away from rigours of imprisonment". The NIA

Allahabad HC recruitment 2025: Apply for 36 Research Associate positions

Allahabad High Court is inviting applications for 36 Research Associate posts. Candidates can apply online from 15 March to 1 April 2025 by visiting the official website at allahabadhighcourt.in

Techie suicide: HC to not interfere with FIR lodged against wife, in-laws

In a suicide abetment case of an IT executive, the Allahabad High Court has refused to interfere with the FIR lodged against his wife and in-laws in Agra. A bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar passed the order Wednesday on a writ petition filed by Nipendra Kumar Sharma, father-in-law of Manav Sharma, who committed suicide, and three others. After perusal of the impugned FIR, the court observed, "Prima facie, it reveals commission of cognizable offence. Therefore, in view of the law laid down by the Hon'ble Supreme Court in the case of state of Haryana and others vs. Bhajan Lal and others, no case has been made out for interference with the impugned FIR." The court said, "Therefore the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail as permissible under." The FIR under BNS section 108 was lodged on February 28 this year at the Sadar Bazar police station, accusing Manav's w

HC grants interim stay on consumer court's order against PVR for ad delays

The case pertains to a consumer complaint that PVR Cinemas delayed the screening of a movie by playing nearly 30 mins of advertisements

SC stays Bombay HC order, allows Pune eatery to use 'Burger King'

The Supreme Court has stayed a Bombay High Court order restraining a Pune eatery from using trademark "Burger King" until the infringement plea by the US food giant was heard and decided. A bench of Justices B V Nagarathna and Satish Chandra Sharma issued notice to Burger King Corporation on the appeal against the high court order. "The impugned order is stayed until further orders. However, the pendency of this special leave petition would not come in the way of the high court disposing of the appeal filed by the respondent herein as expeditiously as possible. We say so having regard to the fact that the respondent herein has been unsuccessful in the suit filed by it as the suit has been dismissed," the bench said on March 7. The Bombay High Court on December 2, 2024 restrained the Pune-based food business from using the name. The company in August, 2024, filed an appeal in the high court, challenging an order passed by a Pune court the same month dismissing its suit alleging ...

SC disapproves 'long dates' in matters of liberty, urges expedited hearing

The Supreme Court on Thursday said courts were not expected to keep the matters concerning liberty after a long gap. A bench of Justices B R Gavai and Augustine George Masih made the observation after being informed that the Punjab and Haryana High Court posted the hearing of a plea for temporary bail on medical grounds after two months. The petitioner's counsel said he had approached the high court for the grant of temporary bail on the ground that his client's two-year-old daughter needed urgent surgery. The lawyer argued the high court, in its order passed on February 21, posted the matter on April 22. "In the matters of liberty, the courts are not expected to keep the matter at such a long date," the bench said and permitted the petitioner to move the high court for an earlier hearing. The bench asked the high court to advance the date and hear the issue at least with regard to grant of temporary bail on the medical ground of operation of the petitioner's daughter. The ...

Insurance nominations can't override personal succession laws: Karnataka HC

In a crucial ruling, the Karnataka High Court has held that an insurance policy nominee does not have absolute rights over insurance benefits if the policyholder's legal heirs stake a claim. The court clarified that Section 39 of the Insurance Act, 1938, which governs nominations, does not override personal succession laws like the Hindu Succession Act, 1956. The judgment came in the case of Neelavva @ Neelamma vs Chandravva @ Chandrakala @ Hema and Others, where a dispute arose over the rightful claimants to an insurance payout. Justice Anant Ramanath Hegde ruled that a nominee can receive the insurance benefits only if the legal heirs do not claim them. If a legal heir asserts their right, the nominee's claim must yield to personal succession laws. The case involved a man who had named his mother as the sole nominee for two insurance policies before his marriage. After his marriage and the birth of his child, he did not update the nomination. Following his death in 2019, a legal .

U'khand HC asks if state can seek fresh input on UCC's live-in provisions

The Uttarakhand High Court has asked the state government whether it can invite suggestions afresh on the Uniform Civil Code (UCC) and consider making amendments wherever necessary. A division bench of the high court comprising senior Justices Manoj Tiwari and Ashish Naithani posed the query on Thursday to Solicitor General Tushar Mehta while hearing two new petitions challenging the UCC's provisions regarding live-in relationships. Mehta who attended the hearing via video-conferencing responded by saying all suggestions are always welcome. According to Chief Standing Counsel C S Rawat, the court also orally asked the Solicitor General to request the state assembly to implement necessary amendments to the UCC which was brought into effect in the state on January 27. The court also asked the state through the chief standing counsel whether it would be willing to make the necessary tweaks in the UCC. The PILs heard on Thursday challenged the constitutionality of information sought f

Delhi HC orders restraint on 'imposter' sites using Tata trademark

The Delhi High Court has restrained imposter domains found infringing the trademark of Tata Power Solar Systems Limited. Justice Amit Bansal was hearing the plea filed by Tata Power Solar Systems Limited against the infringement of its trademark by registrants of four imposter domains: www.tatapowersolardealership.co.in, www.tatapowersolars.com, www.tatapowersolars.org and www.tatapowersolarroof.com In a February 13 order, the court said, A bare perusal of the impugned domain names and email addresses used by the defendants (imposter domains registrants) makes it apparent that the said defendants have slavishly copied the plaintiffs' registered and well-reputed trademark TATA' and TATA POWER SOLAR' formative marks and the products of the said defendants bearing the impugned marks are being used for identical services, i.e., solar energy solutions. The court said it was a "clear case of infringement" of trademarks where the imposter domains took unfair advantage of the reputation and

SC directives mandatory while granting building plan permission: Madras HC

The Madras High Court has observed that the directives issued by the Supreme Court over granting building planning permission and demolition of unauthorized constructions have become the law of the land and that they have to be followed by the agencies concerned. The Chennai Metropolitan Development Authority (CMDA) and the Greater Chennai Corporation and other local bodies have to follow the directives under the provisions of the various statutes for granting building plan permission proceedings. The court said no unauthorized construction shall be allowed to remain and the authorities were bound to initiate appropriate action on receipt of information or complaint from any person. Since the law has been declared by the Supreme Court, no leniency or misplaced sympathy can be shown by the courts merely on the ground that the person violated has invested some amount. The builders and contractors were emboldened to commit such illegalities at the cost of the people with the fond hope .

Husband can't be charged for rape, unnatural sex with wife: Chhattisgarh HC

The Chhattisgarh HC ruled that a husband can't be charged with rape or unnatural sex if the wife is above 15, as marital rape isn't recognised under Indian law, overturning a conviction

Mahakumbh stampede: PIL in HC seeks panel to get missing persons' details

A public interest litigation has been filed before the Allahabad High Court, seeking the constitution of a judicial monitoring committee to collect details of people who went missing during the January 29 stampede at the Maha Kumbh. In the PIL, petitioner Suresh Chandra Pandey of Prayagraj district referred to the reports suggesting that the bodies of the stampede victims were being stored in appalling conditions. They are reportedly left on the floor, wrapped in gunny bags, with no provisions for refrigeration leading to decomposition, it claimed. A day before this PIL was filed in the high court, the Supreme Court on February 3 refused to entertain a PIL seeking action against Uttar Pradesh state officials for the stampede. The Supreme Court had asked the petitioner to approach the Allahabad High Court. In the early hours of January 29, a huge crowd broke through barriers at the Maha Kumbh and trampled over devotees who had been waiting overnight at the ghats to take a holy dip

Siddaramaiah gets relief as Karnataka HC rejects CBI probe in MUDA case

The Karnataka HC dismissed a plea for a CBI probe against CM Siddaramaiah in the MUDA case, affirming the Lokayukta's independence and ruling that its investigation is fair

J-K HC to hear case challenging LG's power to nominate MLAs on March 20

The Jammu and Kashmir and Ladakh High Court has scheduled the final hearing on March 20 for a PIL challenging the authority of the J&K Lieutenant Governor to nominate five members to the Legislative Assembly of the Union Territory. A division bench comprising Justice Sanjeev Kumar and Justice Rajesh Sekhri directed both parties to complete the pleadings, including replies and counter-replies, by March 20 when the final hearing takes place. During the proceedings, Solicitor General Tushar Mehta appeared for the respondents, while Senior Supreme Court lawyer Dr Abhishek Manu Singh, along with D K Khajuria, represented the petitioner Ravinder Sharma. The court said that the bench will be available for the entire day on March 20. Chief Justice Tashi Rabstan had last October constituted a special division bench to hear the public interest litigation concerning the nomination of the five MLAs. On October 14, the Supreme Court declined to entertain the plea and directed the petitioner to

Karnataka HC says ED's search, seizure at ex-Muda chief's home unlawful

The Karnataka High Court ruled on Wednesday that the Enforcement Directorate's search and seizure at the residence of former Commissioner of MUDA was unlawful and an abuse of legal procedures. The court also granted the official the right to initiate legal action against those involved in the search. The case is linked to allegations of illegal site allotment to Parvathy B M, the wife of Karnataka Chief Minister Siddaramaiah. Justice Hemant Chandangoudar, delivering the verdict, stated that the ED must uphold fairness in its investigations, as it is a key agency responsible for tackling money laundering. He emphasised that searches conducted arbitrarily infringe upon the fundamental right to liberty and privacy under Article 21 of the Constitution. The court found that the ED had no prima facie evidence to invoke Section 3 of the Prevention of Money Laundering Act (PMLA), making the search baseless and a violation of legal procedures. "The ED cannot disregard procedural fairness .

Try to amicably resolve dispute over Lodha trademark: HC to Lodha brothers

The Bombay High Court on Monday suggested Abhishek Lodha and his brother Abhinandan Lodha to try and amicably resolve the issue over the use of 'Lodha' trademark. The Abhishek Lodha-promoted Macrotech Developers Ltd earlier this month filed a suit in the HC against Abhinandan Lodha's real estate firm, House of Abhinandan Lodha, claiming the name 'Lodha' was their trademark and no one else could use it. The suit sought Rs 5,000 crore as damages from Abhinandan Lodha's company. In an interim application, Macrotech Developers sought a perpetual injunction against the defendants from infringing their trademark 'Lodha'. On Monday, a single bench of Justice Arif Doctor while hearing the application said since the dispute was primarily between two brothers, the possibility of an amicable resolution should be attempted. "Ultimately it appears to be a dispute between two brothers. The genesis appears to be between the two brothers. Has some effort been made to sit down and resolve it?" Jus

HC orders incineration of Union Carbide waste after review: Vijayvargiya

Madhya Pradesh Minister Kailash Vijayvargiya on Sunday said the high court ordered the incineration of the 337 tonnes of waste from the Union Carbide factory at a unit in Pithampur after carefully observing the process. Earlier this month, protests rocked Pithampur, around 50 km from Dhar district headquarters, after the waste from Bhopal-based Union Carbide reached a private facility for incineration. Since the protest, the local administration has been carrying out an intense awareness campaign to allay the said misconceptions about waste disposal. Talking to reporters after participating in a Republic Day function in Dhar, Minister Vijayvargiya expressed satisfaction with the public awareness campaign in the district. He cited an awareness video that answered all questions raised in a previous meeting. "The work of waste disposal is being done scientifically. I think the high court has observed the entire incineration process, and only after that directives have been issued. ..

Singapore High Court allows WazirX parent to hold creditors' meet

The crypto exchange said it will notify creditors with details of this process

Saif Ali Khan's Rs 15,000 cr family properties may be taken over by govt

The Madhya Pradesh High Court lifted a stay on Pataudi family properties linked to Saif Ali Khan, paving the way for the government to seize the properties

HC to hear Abhishek Lodha's plea to stop brother from using 'Lodha' name

The Bombay High Court on Tuesday said it would hear on January 27 the application filed by Abhishek Lodha- promoted Macrotech Developers Ltd seeking an injunction against his younger brother from using the trademark 'Lodha'. Last week, the company filed a suit against Abhinandan Lodha's real estate firm, House of Abhinandan Lodha, claiming that the name 'Lodha' was their trademark and no one else could use it. In an interim application, the company sought a perpetual injunction against the defendants from infringing its trademark "Lodha". The application came up for hearing on Tuesday morning before a single bench of Justice Manish Pitale. The court, however, noted that it could not hear the plea, as the suit had sought damages of Rs 5,000 crore. As per court assignment, any suit that sought damages of more than Rs 100 crore would have to be heard by the single bench of Justice Arif Doctor. The company's advocate, Hiren Kamod, in the afternoon mentioned the application before the