Case Briefs Archives

‘No other evidence except victim’s bare words’; Bombay HC acquits father for allegedly having sexual intercourse with daughter

“It was suggested that the victim girl lodged a false report against her father because the father did not give green signal to her marriage with the boy to whom she wanted to marry.”

Case Briefs High Courts

Bombay HC rejects plea to stay release of film “Sky Force” in copyright infringement case against script titled “Fire Bird”

The proceedings in the present case are not only delayed but can be treated as litigation strategy on applicant’s part to claim urgent circulation and to seek ad-interim reliefs at the eleventh hour when the film is about to be released.

Case Briefs Supreme Court

‘Litigant cannot claim negative discrimination seeking direction to department to act in violation of statutory Rules’; SC rejects retired peon’s plea for promotion to Tracer post

The appellant’s case was that the similarly placed employees were promoted as Tracer from the post of Peon. Hence, looking at the discrimination, her case deserved to be considered.

Case Briefs High Courts

Consent to engage in physical relations does not extend to misuse of a person’s private moments in an inappropriate manner: Delhi High Court

The assertion made in the bail application that the complainant, “being a married woman, was mature and intelligent enough to understand the significance and consequences of her actions” is a specious argument that cannot absolve the accused of the allegations levelled against him.

Case Briefs Supreme Court

SC 5-Judge Bench to decide if writ under Art. 226 would be maintainable against an order passed by Micro and Small Enterprises Facilitation Council

The Court took note of the conflicting Division Bench decisions regarding whether a writ petition could be entertained against any order/award of the MSEFC, and whether there is complete prohibition on maintainability of the writ petition before the High Court.

Case Briefs High Courts

‘Granting appointment out of turn would violate fairness & equality’; Bombay HC dismisses plea for compassionate appointment to waitlisted candidate

“The object of compassionate appointment is to relieve the hardship due to the death of a bread winner in the family and the appointment is provided to redeem the family in distress. At the same time, it is to be borne in mind that compassionate appointment cannot be construed as opening an alternative mode of recruitment to public employment.”

Case Briefs High Courts

Punjab and Haryana HC orders reinstatement of a Judge dispensed with service after complaint by his former wife

The Court noted that the report of Administrative Judge with regard to work and conduct of the petitioner was also without granting him an opportunity of being heard.

Case Briefs Supreme Court

SC directs Defence Colony RWA to handover heritage site Gumti of Shaikh Ali’s possession to Ministry of Urban Affairs

Emphasising that the heritage site must be preserved and if need be, restored, the Court directed the Archaeology Department to prepare a plan for preventing its decay and for its restoring, the same be presented before the Court.

Case Briefs High Courts

Bail proceedings relate only to the release of a person from ‘judicial custody’ and cannot be employed to seek release from ‘executive detention’: Delhi High Court

The anomaly is that if a foreign national is released from judicial custody on bail while facing charges under Foreigners Act, how can the same foreign national be detained again at a detention centre/restriction centre by executive order for violation of the very same provisions.

Case Briefs High Courts

Bombay HC dismisses plea for postponement of 38th National Games due to denied entry to Maharashtra Women Diving Team for alleged biased & unfair selection trials

Bombay High Court suggested State to seek extension for the entry of Maharashtra Women Diving Team since fresh trials were soon to be conducted.

Case Briefs High Courts

Considerations for bail cannot be same in cases involving anti-national activities, terrorism and involvement with dreaded gangsters: Delhi HC dismisses bail petition of UAPA accused

“This Court while acknowledging that speedy trial is necessary as a Constitutional prescription, observes that in cases involving anti-national activities and terrorism on an international scale, long incarceration in itself ought not to lead to enlargement on bail, when facts showed involvement in such activities which can have a national and transnational impact.”

Case Briefs Supreme Court

‘Government officials stooped too low to punish a senior doctor on the verge of retirement’; SC sets aside penalty of 2% pension cut imposed in disciplinary action

“While it is true that principles of natural justice supplement, and not supplant, the law, such principles have been declared by the Court to be a constituent feature of Article 14. Validity of any disciplinary action, whenever questioned, has to be tested on the touchstone of Articles 14, 16 and 21 as well as Article 311(2), wherever applicable.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT dismisses Akshay Kumar’s insolvency plea against Math tutoring platform, Cue Learn

“The essence of the IBC lies in resolving insolvency matters through a process driven approach, and any deviation from its prescribed scope would undermine the legislative intent of the Code.”

Case Briefs High Courts

“Necessity for gender-neutral society”; Karnataka HC dismisses plea to transfer divorce petition on account of husband’s greater inconvenience

“Women are the primary victims in most situations, but that does not mean that men are not affected by the cruelty of women. Therefore, there is necessity for a gender-neutral society”.

Case Briefs High Courts

“Gaps in structure attributed to seasonal changes”; MP High Court dismisses plea alleging cracks in newly constructed Flyover

“Since no research or scientific report has been placed by the petitioner to support the claims, we are not inclined to entertain the present petition.”

Convert conviction from S. 302 to S. 304

Case Briefs Supreme Court

Read why Supreme Court turned conviction of two brothers from S. 302 to S. 304 Part I of IPC in 23-year-old co-villager’s murder case

“The requirement of law in criminal trials is not to prove the case beyond all doubt but beyond reasonable doubt and such doubt cannot be imaginary, fanciful, trivial or merely a possible doubt but a fair doubt based on reason and common sense.”

Case Briefs High Courts

‘Identical marks, identical goods/services and identical target consumers’: Delhi HC grants relief in favour of Rapido in trade mark dispute

“It is clear that the impugned mark has been adopted by Respondent 1 dishonestly to trade upon the goodwill and reputation of the petitioner under the RAPIDO marks and to associate itself with the petitioner.”

Case Briefs High Courts

Punjab & Haryana HC refuses to de-freeze Vuenow Infotech’s bank accounts in Cloud Particle Scam case

“Though the Constitutional Courts are the sentinels of justice, however, this power of judicial review is required to be exercised with due care and caution and interference at the stage of investigation is made in rare and exceptional cases.”

Case Briefs High Courts

BHARAT GATE mark is deceptively similar to INDIA GATE; Delhi High Court restores injunction

The marks INDIA GATE and BHARAT GATE convey the same meaning and the difference in trade dress between the marks as visually depicted on the packages of the appellant’s and respondent’s products would not mitigate the confusion created by the infringement.

Case Briefs High Courts

Orissa HC rejects NEET-UG candidate’s plea who lost Govt. college MBBS seat due to technical glitch in MCC’s Mop-up Counselling Round

The question of the technical glitch was a disputed question of fact, hence, the Court refused to enter into such a disputed question of fact in a proceeding under Article 226.