Case Briefs Archives

Grabbing breasts, breaking minor’s Pajama string not attempt to rape, but ‘aggravated sexual assault’: Allahabad HC modifies summoning order

Allahabad High Court concluded that the findings of the court below regarding the offence of attempt to rape in relation to accused persons are not sustainable. Instead, they should be summoned for offence under Section 354(b) of the IPC, read with Section 9 read with Section 10 of the POCSO Act.

Case Briefs High Courts

Delhi HC declares TAJ a well-known trade mark in respect of hotels and other related services in hospitality industry

The long duration and wide geographical area for which the TAJ marks have been in use, their goodwill and reputation due to the extensive promotion and extensive revenue generated by the plaintiff, in India and other countries, the TAJ marks have achieved the status of well-known trade marks.

Case Briefs High Courts

Bombay HC waives statutory cooling-off period for divorce of Yuzvendra Chahal & Dhanashree Verma; Directs Family Court to decide divorce plea by 20th March

As far as the conciliation efforts were concerned, the Court noted that all efforts of mediation/ conciliation to reunite the parties had failed.

Case Briefs High Courts

No fresh cause of action arises from continuing non-compliance with consent decree; Delhi High Court dismisses contempt petition being time-barred

The cause of action to file the present petition arose when respondent 1 failed to pay the balance amount to the petitioner by 31-12-2012 as per clause (vi) of the compromise agreement based on which the consent decree dated 01-06-2009 was passed.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Force Majeure doesn’t absolve Corporate Debtor from contractual obligations; NCLT directs initiation of CIRP against Corporate Debtor

The NCLT acknowledged the impact of force majeure events, particularly the unprecedented rise in coal prices and operational disruptions caused by the COVID-19 pandemic on Corporate Debtor.

Case Briefs High Courts

Court of Chief Judicial Magistrate cannot transfer a case from one Court or another on application or suo motu under Section 450 BNSS: Delhi HC

The Additional Chief Judicial Magistrate cannot exercise the administrative power of transfer of case from one Court to another within its jurisdiction, unless an order is passed by the High Court under Section 10(2) of Bhartiya Nagarik Suraksha Sanhita, 2023.

Case Briefs Supreme Court

‘Adjudication beyond jurisdiction is void’; Supreme Court sets aside Calcutta HC order for lack of jurisdiction; Stalls appointments pending disposal of WP

Supreme Court, without delving into the merits of the rival claims, set aside the impugned order on the limited ground of lack of jurisdiction and ordered a remand. Consequently, the writ petition was revived and placed back on the file of the High Court.

Case Briefs High Courts

‘Returning money does not end the crime’; Bombay HC denies anticipatory bail to bank employee accused of siphoning Rs. 46.58 Lakhs

The bank in question was a co-operative bank located at a remote Taluka in Maharashtra. The customers were small shop keepers and local villagers who had very meagre income. The accused took advantage of such situation and siphoned their money.

Case Briefs Supreme Court

Only arguing counsel appearing physically and assisting counsel will be recorded in appearance; Senior Advocate shall not appear without AOR: Supreme Court

“A right of an Advocate to appear for a party and to practice in the Courts is coupled with the duty to remain present in the Court at the time of hearing, and to participate and conduct the proceedings diligently, sincerely, honestly and to the best of his ability. Rights and duties are two sides of the same coin, and they are inherently connected with each other.”

Case Briefs Supreme Court

Can Section 138 NI Act proceedings be quashed against former director of company, suspended from his position on appointment of IRP? SC answers

The immunity granted by the moratorium order issued under Section 14 of the IBC can only be obtained by a corporate debtor and not by a natural person such as the present accused, who was the Director of the corporate debtor.

Case Briefs High Courts

Bombay HC directs Municipal Corpn., Thane to demolish remaining structure of illegal mosque at the end of Ramadan month

It is necessary for the law enforcers to imbibe in the minds of the citizens that the violation of law and/or opposition to implement the law by the State will not be countenanced and/or tolerated.

Case Briefs High Courts

Delhi High Court awards ₹30.91 lakh costs & damages to Himalaya for ‘Liv.52’ trademark infringement by ‘Liv-333′

The unauthorized use of the “LIV” element in a manner that does not materially differentiate the defendants’ mark from the plaintiffs’ well-established “Liv.52” mark amounts to a violation of the plaintiffs’ statutory rights.

Case Briefs High Courts

‘Audacity to emphatically rely upon forged certificates, portray victimization’; Punjab & Haryana HC directs police probe in forged medical certificates for job appointment

“The candidates have been emboldened in taking recourse to forged documents for securing public appointment by a belief that under any eventuality, no harsh action shall be taken against them in case they feel sorry, or they withdraw their petition.”

Supreme Court Auroville Township Project

Case Briefs Supreme Court

Supreme Court sets aside NGT’s order curbing Auroville township expansion due to environmental harm

“There is a need for “Sustainable Development” harmonising and striking a golden balance between the right to development and the right to clean environment”.

Case Briefs High Courts

‘Miserably failed to act as quasi-judicial authorities’; Punjab & Haryana HC quashes bribery case against police officer, remands it to Appellate Authority

“Recording of reasons in orders is equally important as giving an opportunity of hearing. The reasons in order means link between material which the forum considered while reaching the conclusion and reveals a rational nexus between the two.”

Case Briefs High Courts

Delhi HC directs Ministry of Youth Affairs and Sports to ensure parity in participation of male, female athletes in sporting events organized by National Sports Federations

“It is a matter of record that the female athletes have brought significant sporting glory to the country and this Court cannot countenance a situation where equilibrium is not maintained between the male and female contingents in sporting events.”

Case Briefs High Courts

‘Teachers should not be under constant threat of criminal charges’: Kerala HC mandates preliminary inquiry before registering criminal cases against educators

“Teachers are the unsung heroes of our society. They shape the minds, hearts and souls of our future generation. No steps should be taken to diminish the morale of the teachers’ community because they are the backbone of our future generation.”

Case Briefs High Courts

Rajasthan High Court suggests constitution of expert committee to review 14 years’ pension restoration period under Rajasthan Civil Services Rules

In the instant matter, the retired employees and pensioners challenged the period for the restoration of full pension under Rule 29 of the Rajasthan Civil Services (Commutation of Pension) Rules, 1996.

Case Briefs High Courts

‘Unwarranted interference by Revisional Court’; Read why Bombay High Court reinstated Adani’s discharge in cheating case worth Rs. 388 Crores

“Merely by asserting that the accused has made a wrong gain without demonstrating the corresponding wrongful loss or deception suffered by a specific victim does not suffice to attract the offence of cheating under the IPC.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT takes cognizance of plea on Guillain-Barré Syndrome Outbreak in Pune due to contaminated drinking water

The NGT acknowledged that the matter raises serious environmental and public health concerns.