Case Briefs Archives

“Mere knowledge of offender’s whereabouts not harbouring”: Punjab and Haryana HC quashes FIR against father & brother of absconder

“The well settled proposition of law is that simple denial of the whereabouts of an offender by his family members does not amount to harbouring such family member.”

Case Briefs High Courts

‘Unsubstantiated sexual allegations against husband and father-in-law amounts to cruelty’: Madras HC sets aside woman’s Restitution of Conjugal Rights plea, grants divorce

“The wife may be willing to resume her marital life with the husband, but in view of the mental cruelty caused by her, the husband’s unwillingness for reunion is a justifiable one”

Case Briefs High Courts

Bombay HC grants interim relief to ‘SOCIAL’ restaurant against ‘SOCIAL TRIBE’ in trade mark dispute

The use of colour scheme of pink, orange, yellow of the defendant’s mark is deceptively similar to that of the applicant’s mark.

Case Briefs High Courts

[Order 39 Rule 7 CPC] Why Pleader Commissioner’s Report cannot be taken as evidence in civil suit: Orissa HC explains

The opposite parties requested to appoint a Pleader Commissioner under Order 39 Rule 7 CPC to inspect the suit land and report whether it is being used as a school or remained a paddy field, as claimed by the petitioner.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT grants exclusion of 854 days to Resolution Professional; directs completion of CIRP

The RP sought exclusion of the time it took for NCLT to decide the applications filed under Section 19 of the IBC regarding the non-cooperation by the Company.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Read why CCI dismissed claim against Hindalco and Vedanta alleging duopoly & abuse of dominant position vis-a-vis copper supply

“The condition for de-pricing and recovery of loss for the booked copper is applicable only in case the terms of the contract are not fulfilled by the purchaser resulting in loss to the seller. Such condition in the commodity market which is prone to price risks cannot be considered to be unfair.”

Case Briefs District Court

Vadodara Court grants interim injunction to Inox India against Cryogas for copyright infringement and misuse of confidential information

“Refusal to grant interim injunction at this stage would cause irreparable harm to Inox, as Cryogas—having no rights to the intellectual property—would be able to exploit Inox goodwill without any legal deterrent.”

Case Briefs High Courts

Bombay HC directs enquiry into 2012’s New Year eve party with liquor at children’s shelter home

A PIL was filed by a social worker-petitioner in 2014 in relation to New Year eve liquor party, but no action was taken, hence, petitioner sought re-enquiry.

Case Briefs High Courts

MP High Court grants bail to Government Model College Guest Faculty accused of circulating alleged WhatsApp posts to hurt religious sentiments of other community

“…simply on the ground of forwarding messages, video which may hurt the religious sentiment of community, a person cannot be indefinitely kept in jail.”

Case Briefs High Courts

Bombay High Court: Prolonged unauthorised absence from work constitutes voluntary abandonment of service and not termination

The employees ignored multiple communications from the petitioner-employer urging them to return to duty and moreover, there was no evidence that any of the employees made a genuine attempt to report back.

Case Briefs Supreme Court

Misappropriation of bail surety amount | SC grants anticipatory bail to former Nagaland Principal District Judge

It had been alleged that the while serving as Principal District Judge, the petitioner had misappropriated Rs 14,35,000 which was allegedly deposited as bail surety.

Case Briefs High Courts

“If guilty, basis must be disclosed; if not, litigation is futile”; MP High Court directs NGT to decide culpability before fastening liability in fire incident

The Court emphasised the need for fairness and cautioned against causing prejudice by delaying a determination of culpability and liability in fire incident.

Case Briefs High Courts

Bombay HC quashes order refusing ‘WR’ trade mark to Yamaha for similarity with Honda’s ‘WR-V’

Acknowledging the principle of territoriality, prior use in international jurisdictions, the registration obtained for the subject mark ‘WR’ in such territorial jurisdictions and other relevant materials produced by Yamaha, the Court directed fresh review of the application.

Case Briefs Supreme Court

Supreme Court stays Calcutta High Court’s suo motu contempt proceedings against police officials in 2019 Howrah Court assault case

The 2019 Howrah District Court assault case revolved around a violent confrontation on 24-04-2019, between lawyers and police personnel at the Howrah District Court complex in West Bengal.

Case Briefs High Courts

Read Why Orissa HC upheld divorce on husband being called ‘nikhatu, kempa’ by wife for his physical infirmity

Wife’s behaviour of using derogatory terms for husband’s physical disability discloses her thought and respect to her husband.

Case Briefs High Courts

Know why Uttaranchal HC quashed criminal proceedings against Patanjali Ayurved for alleged misleading advertisements

“As there is no specific allegation that how the advertisement was false and misleading so as to constitute the offence punishable under Sections 3, 4 & 7 of 1954 Act then there was no occasion for the trial court to take the cognizance and summon the petitioners to face trial.”

Case Briefs Supreme Court

‘Allegations are generic and rather ambiguous’; SC quashes S. 498A IPC case against husband and in-laws for lack of prima facie evidence

“It is rather unfortunate that the Complainant being an officer of the State has initiated criminal machinery in such a manner, where the aged parents-in-law, five sisters and one tailor have been arrayed as an accused.”

Case Briefs High Courts

Explained | Why Telangana HC excluded “open terrace”, “open portico” to calculate built-up area for deductions under S. 80-IB of IT Act

The open spaces, being exposed and outside the inner measurement of a residential unit, shall be excluded from total built-up area computation. If after excluding these spaces the residential unit’s built-up area remains within 1500 sq.ft., the assessee is eligible for tax deduction under Section 80-IB.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Read why NCLAT denied staying CCI order against UFO Moviez, Qube Cinema, Scrabble Digital

“Investigation has also revealed no other independent player apart from DNEG has attempted to enter the market over the last few years, which shows the enforcement of appellants model has been a significant barrier for independent players to venture into cloning and delivery of content by the appellants.”

Case Briefs High Courts

‘Court flooded with litigation due to ignorance of SOPs’; Punjab & Haryana HC directs circulation of SOPs regarding run-away couples seeking protection

The Court noted that the authorities appointed under the SOPs were either ignorant about it or lax in following the time frames and guidelines in strict letter and spirit.