Case Briefs

anti-superstition law
Case BriefsHigh Courts

“The Court noted the relevance of Article 51-A(h), which enjoins citizens to develop a scientific temper, humanism, and the spirit of inquiry, and the petitioner’s reliance on Article 21 of the Constitution, and that despite repeated adjournments and assurances, the State had neither enacted legislation nor conclusively declined to do so over a span of nearly four years.”

Continue reading
derogatory book title targeting sitting judge
Case BriefsHigh Courts

“The pictorial representation, the caricature and the expressions/words used are not only highly derogatory, but virtually abusive.”

Continue reading
Making minor touch private parts
Case BriefsHigh Courts

Minor inconsistencies arising from age, vocabulary or manner of narration do not erode the credibility of the prosecution, particularly where the allegation relates to commission of sexual assault with sexual intent.

Continue reading
Jawed Habib trademarks
Case BriefsHigh Courts

“The franchise agreement prima facie indicated acceptance of ownership of the plaintiff in the registered trademarks and permitted use only during subsistence of the agreement.”

Continue reading
share certificate under Section 59 Companies Act
Case BriefsTribunals/Commissions/Regulatory Bodies

“The pre-condition for invoking Section 59 of the Companies Act, 2013 is that the Applicant must already be a valid holder of a share certificate prior to invoking the provision.”

Continue reading
geo-tagging of mango trees
Case BriefsHigh Courts

“No other option is left with us but to summon all the State authorities who are impleaded herein, as it appears that, in such an important matter involving public interest, they are not only not cooperating, but their conduct displays certain intransigence which needs to be addressed.”

Continue reading
Bail to accused who shared girl's nude images
Case BriefsHigh Courts

“The accusations against the accused were prima facie well-founded, particularly the allegation that he transmitted nude videos of the girl through social media. The Court observed that such conduct could not be viewed lightly.”

Continue reading
Failure to videograph recovery
Case BriefsHigh Courts

“It is clear that police has not conducted any videography of the recovery of motorcycles from the applicant or preparation of list of seized motorcycles, though, same is mandatory.”

Continue reading
Facebook trade mark case
Case BriefsHigh Courts

“Where judgment debtors have substantially complied with a permanent injunction and no prior notice of breach was issued, execution proceedings cannot be used to seek additional compensation.”

Continue reading
Reserved Judgment cannot be sent to successor judge
Case BriefsHigh Courts

Justice delayed is justice denied, and any attempt to prolong proceedings by reopening arguments after the matter stood closed and reserved for pronouncement of judgment is liable to be held vitiated in law.

Continue reading
Cox & Kings arbitration
Case BriefsHigh Courts

“Only in rare and exceptional cases, where it is ex-facie evident the Arbitral Tribunal has passed an order patently illegal or perverse, or exercised power wholly without jurisdiction, interference from the writ court is warranted.”

Continue reading
Advocates' Electoral Roll dispute
Case BriefsHigh Courts

For exclusion of provisionally enrolled Advocates from Bar Council Electoral Roll, remedy lies before Bar Council Election Committee, not writ court

Continue reading
Pregnant nurse declared proclaimed offender
Case BriefsHigh Courts

The nurse contended that after cognizance was taken, she moved several applications on every date for exemption of her personal appearance as she was pregnant and unable to appear before the Trial Court.

Continue reading
evidence-based damages in trade mark cases
Case BriefsHigh Courts

“It is the evidence which constitutes the bedrock for any award of compensatory or punitive damages.”

Continue reading
Desire to end India-Pakistan hostilities
Case BriefsHigh Courts

“The Pen Drive containing the images and the video showed that the accused chatted with someone, and both criticised the hostilities between India and Pakistan. They advocated that all people, irrespective of their religion, should stay together, and that the war served no fruitful purpose.”

Continue reading
MCA elections stay
Case BriefsHigh Courts

“The Court is entitled to examine the decision-making process, particularly as to how about 400 new members were inducted in the MCA under different categories, in the face of allegations of illegality, arbitrariness, and nepotism.”

Continue reading
Judicial Officer's removal for wrong bail order
Case BriefsSupreme Court

“It will be a dangerous proposition to hold that judgments and orders which do not refer expressly to statutory provisions are per se dishonest judgments”.

Continue reading
25 year old illegal land lease case quashed
Case BriefsHigh Courts

“The absence of any action for cancellation of deeds for such a prolonged period clearly indicates that the dispute is essentially civil and revenue in nature, and that the criminal machinery has been set in motion afterthought and as a substitute for appropriate civil remedies, which is impermissible in law.”

Continue reading
Fresh Not Frozen deceptively similar
Case BriefsHigh Courts

“It is not what meaning is being assigned by the words chosen by the appellant, but the determining factor is whether it is deceptively similar.”

Continue reading
Deceased driver was qualified in heavy vehicle driver category
Case BriefsHigh Courts

“A Court sitting in appeal does not substitute its own view for that of the Court below merely because an alternative view is possible.”

Continue reading