Case Briefs Archives

‘Supervisory & judicial review powers vested in HCs demands rigorous scrutiny & judicious application’; SC sets aside HC’s order interdicting CIRP proceedings under IBC

“The IBC is a complete code in itself, having sufficient checks and balances, remedial avenues and appeals. Adherence of protocols and procedures maintains legal discipline and preserves the balance between the need for order and the quest for justice.”

Case Briefs High Courts

Read why Delhi HC issued injunction against Telugu Actor Manoj Manchu and media outlets in defamation case filed by Vinay Maheshwari

“The claims made by the Manoj Manchu not only have the effect of tarnishing the credibility of Vinay Maheshwari as a respectable member of society but may further encourage the other individuals and media platforms to spread the defamatory content further. It may lead to widespread public dissemination and lasting damage to his image.”

Case Briefs Supreme Court

Supreme Court quashes gift deed executed by elderly mother in favor of son due to non-compliance with maintenance obligations under MWPSC Act

Supreme Court reiterated that it is a social obligation for both sons and daughters to maintain their parents when they are unable to do so.

Case Briefs High Courts

‘Rape victim must be given liberty to decide whether she should continue pregnancy’; Chhattisgarh HC allows termination of minor victim’s pregnancy beyond 24-weeks

“It is quite vivid that the pregnancy of the petitioner has crossed 24 weeks of gestational age and unless the judicial order directing termination is available, it may not be possible for the doctors even to proceed with termination of pregnancy”.

Case Briefs High Courts

State Bar Council not entitled to charge applicants a fee for verifying educational certificates during enrollment process: Kerala High Court

There is a duty cast upon the Bar Council to get the certificates of the applicant verified by the Boards and Universities concerned, without charging any fees. Therefore, the notice to the extent stipulates the collection of fees of Rs.2,500/- for verification, cannot be implemented.

Case Briefs High Courts

Right to pray under Article 25 cannot be denied solely due to objections from member of one community: MP High Court

The petitioner’s right to organize and participate in a religious event is protected under Article 25 of the Constitution of India and merely based on certain objections raised by the member of one community, it cannot be denied.

Case Briefs High Courts

‘Child witness evidence appears to be result of tutoring’; Telangana HC acquits man convicted of raping 9-year-old girl

“The evidence of a child witness can easily be influenced by the elders in the family. Acceptance of the child witness evidence would be dangerous in the present circumstances of the case as the evidence appears to be a result of tutoring. Not examining the father and grandfather of the victim, who were sleeping by the side of the victim girl is fatal to the prosecution case”.

Case Briefs High Courts

Delhi High Court grants injunction against Miss Malini Entertainment for copyright infringement in Kareena Kapoor’s ‘What Women Want’ Case

The plaintiff was shocked to find that the defendant unilaterally uploaded a short video clip of the interview on Instagram without prior approval displaying the defendant’s logo, ‘Miss Malini,’ while deliberately obscuring the plaintiff’s ‘Mirchi®’ logo, violating the agreement on usage permissions.

Case Briefs High Courts

Delhi High Court issues directions in plea to highlight unhygienic conditions of female washrooms in Delhi District Courts

“While the petition specifically pertains to female washrooms, the directions shall apply equally to male, female, and handicapped washrooms in District Courts to ensure a uniform standard of hygiene and functionality.”

Case Briefs Supreme Court

‘High Court can quash proceedings using power either under Art. 226 or under S. 482 of CrPC’; SC reiterates while quashing FIR against foreign national

“The High Court could exercise its power of judicial review in criminal matters and it could exercise this power either under Article 226 of the Constitution or under Section 482 of the CrPC to prevent abuse of the process of the Court or to secure the ends of justice. The exercise of that power would depend upon the facts and circumstances of each case.”

Case Briefs High Courts

‘Spoke what was written in Manusmriti & in general parlance’; Madras HC quashes hate speech complaint against VCK president & MP Thol. Thirumavalavan for comments on Hindu women

“What has been stated in the book “Manusmriti” had been only made as his speech and in the facts and circumstances of this case, this Court does not find that any of the offences as alleged by the complainant is made out.”

Case Briefs High Courts

Compliance with Section 16 of Carriage by Road Act a pre-condition for instituting suit for consignment loss: Rajasthan High Court

A valid notice under Section 16 of the Carriage by Road Act, 2007 must explicitly outline the cause of action, damage, loss, and relief sought.

Case Briefs High Courts

Madras HC confirms conviction and sentence of Actor and politician S.Ve. Shekher for derogatory comments against women journalists

Merely tendering an apology is not sufficient. Furthermore, according to the complainant, S. Ve. Shekher did not offer an unconditional apology directly to her, the victim. Instead, the apology was sent in a generic manner.

Case Briefs Supreme Court

Limitation for filing S. 17 application under Arbitration Act, 1940 begins from awareness of award’s availability, not receipt of copy: Supreme Court reaffirms

Supreme Court said that allowing a party, already aware of the award, to delay proceedings by insisting on procedural formalities would frustrate the expeditious resolution of disputes, undermining the very purpose of the Arbitration Act.

Case Briefs High Courts

‘Allowing such petitions would promote bigamy’; Punjab and Haryana HC refuses to grant police protection to live-in couple where one of them was married & had kids

“The concept of right to life and personal liberty guaranteed under Article 21 of the Constitution of India includes the right to live with dignity and the petitioners by running away from their parental home is not only bringing bad name to the family but also is violating the right of the parents to live with dignity and honour.”

Case Briefs High Courts

Delhi High Court grants injunction in favour of Indian fashion designer Rahul Mishra against sale of counterfeit dresses

The plaintiff Rahul Mishra is a leading Indian Fashion designer based out of Delhi and is engaged in creating exquisitely and luxuriously designed and handcrafted fashion clothes/ apparels under his own fashion label ‘RAHUL MISHRA’.

Case Briefs High Courts

Bombay HC refuses to continue monitoring the murder investigation of CPI leader Govind Pansare; directs Trial Court to expedite hearing

“According to us, only for the purpose of arrest of absconding accused, continuous monitoring of the further investigation by this Court under Article 226 of the Constitution of India is not necessary.”

Case Briefs Supreme Court

[MCOCA] SC sets aside bail granted without considering embargo placed by special statute; remands matter to HC for fresh consideration

“When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, the power to grant bail should necessarily be subject to satisfaction of the conditions mentioned in such specific provision.”

Case Briefs High Courts

Delhi HC grants ad interim injunction in favour of Novex Communications to restrain ‘Romeo Lane’ owner from infringing copyrights in sound recordings

The Court restrained all premises of Being FS Pacific Hospitality Pvt. Ltd. including ‘Birch by Romeo Lane’ from playing or using the sound recordings of Novex Communications Pvt. Ltd.

Case Briefs Supreme Court

‘Non-mentioning of vital facts of assault or criminal force in FIR/ Complaint, would vitiate cognizance taken by CJM’; SC quashes proceedings under S. 353 & 186 of IPC

“A written complaint by a public servant before the Court takes cognizance is sine qua non, absence of which would vitiate such cognizance being taken for any offence punishable under Section 186 of the IPC.”