Case Briefs Archives

Amazon, Flipkart & Snapdeal directed to stop selling counterfeit copies of EBC’s books; Delhi HC restrains parties from printing & selling counterfeit copies of EBC books

The Court directed the Commissioners to conduct a search at the book houses and seize the infringing products bearing EBC’s registered trade marks or containing contents identical or deceptively similar to EBC’s books, books without hologram, packaging, labels, printing material and other material that reflect infringement of copyright and trade mark.

Case Briefs High Courts

Appeal against Sessions Court order rejecting anticipatory bail in scheduled offences under NIA Act is maintainable before Division Bench of High Court: Jharkhand HC

The intention of the legislature is derived by considering the meaning of the words used in the statute, with a view to understand the purpose or object of the enactment, the mischief, and its corresponding remedy that the enactment is designed to actualise.

Case Briefs Supreme Court

Position of law vis-a-vis woman being the sole owner of ‘Stridhan’ is consistent and unequivocal: Supreme Court

The Court found that insofar as Section 406, IPC was concerned, no cognizable offence was visible on the face of the record. Furthermore, charges under S. 6 of Dowry Prohibition Act were not made out either, against the appellants

Case Briefs High Courts

‘Sluggish Investigation’; Uttaranchal HC grants default bail to accused persons in Haldwani Violence Case

The right to life and liberty is one of the integral part of the Constitution and it is the most sacred fundamental right and the custody of people in the name of various enactments and without adhering to the promptness of the investigation, cannot allow appellant to remain under incarceration.

Case Briefs High Courts

Delhi HC directs Union to expeditiously decide on plea for restoring legal protection against non-consensual sexual acts in Bharatiya Nyaya Sanhita, 2023

The petition was requested to be treated as a representation since the Government is in the process of receiving inputs on the new criminal laws from various stakeholders.

Case Briefs High Courts

Apprehensive detention as ‘sand smuggler’ based on past conduct of terrifying community & disturbing public order unsustainable: Bombay HC

The apprehension of the Detaining Authority was that since the alleged sand smuggler had been allegedly terrifying the community and creating obstacles in public order, he would engage in similar activities in future as well. However, the Court stated that such is not the criteria for a person to be detained as a ‘sand smuggler.’

Case Briefs High Courts

‘Transaction stood grandfathered by virtue of Article 13(3A) of India-Mauritius DTAA’; Delhi HC quashes AAR order holding Tiger Global-Flipkart transaction as ‘aimed at tax avoidance’

Merely because a parent entity may exercise shareholder influence over its subsidiary that would not lead to an assumption that the subsidiary in question was operating as a mere puppet or that it was wholly subservient to the parent entity.

Case Briefs High Courts

Section 311 CrPC| Can Prosecutrix be recalled for further Cross-Examination based on affidavit filed after her initial testimony? MP High Court answers

Section 311 CrPC allows the court to recall a witness if it is essential for a just decision of the case, but such power must be exercised judiciously and with caution.

Case Briefs High Courts

Bombay High Court directs SEBI, NSE, BSE to pay Rs 80 lakhs costs for illegal and invalid freezing of demat accounts

Respondents have not shown any active role of petitioner in the capacity of the promoter, in the management of the company, Shrenuj, and any role and obligation factually fastened on petitioner in the various compliance which are required to be undertaken under SEBI (LODR) Regulations, at the time of freezing of his demat accounts.

Case Briefs Supreme Court

[Habeas Corpus in Child Custody] SC restores 3-yr-old daughter’s custody to Father after temporary custody with Aunt following mother’s death from COVID-19

“Whether the writ Court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances of each case. However, it is to be noted that a common thread in all the judgments relating to the custody of minor children is the paramount welfare of the child.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Competition Commission of India approves RIL- Walt Disney’s 8.5 Bn Dollar Joint Venture

Competition watchdog CCI’s approval to this joint venture was granted subject to compliance of voluntary modifications.

Case Briefs Supreme Court

Arbitrator can award pre-reference & pendente lite interest even when agreement is silent on award of interest or does not specifically prohibit it: SC

The Court has affirmed the power of the Arbitrator to grant pre-reference, pendente lite, and post-award interest on the rationale that a person who has been deprived of the use of money to which he is legitimately entitled has a right to be compensated for the same.

Case Briefs Supreme Court

‘Civil dispute painted with the brush of criminality’: SC quashes charges against KECML vis-a-vis misappropriation of coal rejects worth Rs 52.37 crore

The Court reproached the CBI for embarking on a roving and fishing inquiry on the strength of the CAG Audit Report and then working backwards to sniff out criminal intent against the appellants.

Case Briefs High Courts

‘Denial of admission after allotment of school is violative of the RTE Act’; Delhi HC directs private school to allow admission of EWS category student

Asking the student to continue studying in the MCD school would be tantamount to an onslaught on his constitutional rights and the Constitutional Court would be failing in its duty to secure the fundamental rights of the young citizen.

Case Briefs High Courts

Bombay HC denies bail to BRAHMOS former engineer convicted for sharing secret information of BRAHMOS Missiles to Pakistan

When the question of National security and safety arises, it is quite serious than the cases of gruesome murder and in the present circumstances, the Court is not prepared to risk the National security and safety.

Case Briefs High Courts

‘Appearing before Court in drunken state is unpardonable’; Delhi High Court holds advocate guilty of criminal contempt

‘The language used by the advocate had scandalized the court and such conduct also leads to interference in the administration of justice.’

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to journalist Shajan Skaria in SC/ST Act case for making derogatory remarks against MLA PV Sreenijin

“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”

Case Briefs High Courts

Appeal cannot be transferred to Commercial Court u/s 24(5) of CPC; term ‘proceeding’ under the provision does not include appeals: Andhra Pradesh High Court

This will not mean that the appellant cannot prefer a fresh appeal to the commercial court, Visakhapatnam or such Court which has the jurisdiction.

Case Briefs High Courts

‘O. VI R. 17 does not limit amendment of pleadings at any stage of proceedings, if it is necessary for determining the real questions in controversy’: Sikkim HC

The amendments were imperative for the proper and effective adjudication of the dispute; refusal to allow the amendment application would have caused injustice or resulted in multiple litigations; and the amendments did not constitutionally or fundamentally change the nature of the case.

Case Briefs Supreme Court

Incriminatory Statement given by PMLA accused in custody is inadmissible in another money laundering case: Supreme Court

“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”