Case Briefs Archives

[THINKBOOK v THINBOOK ] Lenovo’s THINK family of marks declared distinctive; Madras HC directs removal of infringing ‘THINBOOK’ Mark

Lenovo has satisfied the requirements of Section 57 of the Trade Marks Act for cancelling RPD Workstations trade mark ‘THINBOOK’.

Case Briefs High Courts

Jharkhand HC directs to conduct monthly medical camps for elderly prisoners/inmates to provide necessary medical aid

The issues of the under-trial prisoners or inmates in judicial custody, are required to be medically examined, particularly, the old age inmates where the likelihood of the issue of Cataract, Diabetes, Blood Pressure and other old age ailments are likely to grief such inmates.

Case Briefs Supreme Court

Read what the Supreme Court said while quashing 2-decade long NDPS case against former IPS Officer Bharti Arora

Supreme Court reiterated that justice should not only be done but should be seen to be done.

Case Briefs High Courts

Delhi High Court directs State to ensure safety and security of Amandeep Singh Batra after he received death threats

The Court expected the State to ensure adequate protection of the fundamental rights of Amandeep Singh Batra, including his right to life and liberty.

Case Briefs Supreme Court

‘As a matter of public policy, Courts must not curtail statutory remedies’; SC upholds right to restore appeal challenging compromise decree

“Only the Court that entertains the petition of compromise can determine its legality, at the time of recording the compromise or when it is questioned by way of a recall application. No other remedy is available to the party who is aggrieved by the compromise decree as an appeal and fresh suit are not maintainable under the CPC.”

Case Briefs High Courts

‘Misogynistic, sexist, archaic’: Kerala HC quashes Family Court order denying custody to mother stating she is of loose morals, cites several flaws

“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC directs DM, Sambhal to submit Action Taken Report regarding alleged rights violation in Government Schools of Sambhal

The complainant alleged that teachers and students in government schools in Sambhal have to remove shoes in class as per the order of ‘Basic Shiksha Adhikari’. The complainant further alleged that all female teachers had to be addressed as ‘Didi’ or ‘Behanji’ as per orders.

Case Briefs High Courts

MTP Act | Rajasthan High Court directs registration of Suo Motu case to address Reproductive Rights Awareness & Legislative Reforms

“The willingness of a victim to do away with unwanted pregnancy which is outcome of she having been ravished/sexually assaulted/subjected to illicit intercourse is a relevant factor to guide her reproductive choice.”

Case Briefs Supreme Court

Why Supreme Court granted anticipatory bail to Rajkumar Daitapati in money laundering case?

Rajasthan High Court via the impugned order dated 11-11-2021 dismissed the appellant’s application for anticipatory bail opining that the appellant was allegedly involved in serious economic offence.

Disputes on wage payment and termination order

Case Briefs Supreme Court

Disputes relating to non-payment of wages & termination order within Industrial Tribunal’s jurisdiction; SC quashes arbitrator’s appointment

“Jurisdiction of the Industrial Court is also to the exclusion of the civil courts and is not arbitrable.”

Case Briefs High Courts

Delhi High Court quashes departmental proceedings against CRPF personnel while denying rejection of his request for voluntary retirement

The Court directed for the CRPF personnel to be considered as having proceeded on voluntary retirement w.e.f. 30-06-2021.

Case Briefs High Courts

Rajasthan High Court refers issue of shifting Rape/POCSO Act Convicts from Jail to Open Air Camp to Larger Bench

The Court asserted that Judicial discipline requires coordinate benches to follow earlier decisions or refer the matter to a larger bench if there is disagreement.

Case Briefs High Courts

‘Proxy litigation in India to satisfy personal spite cannot be allowed, when disputes are settled abroad’: P&H HC highlights disturbing trend in matrimonial disputes by foreign nationals

The Court stated that it is baffling that FIR propped up in India, especially considering that the wife has never pursued any criminal complaint against the petitioners in India or in Australia in eight years of marriage.

Case Briefs Supreme Court

Supreme Court enhances compensation to Rs. 50.8 Lakhs for mental and physical disabilities suffered by minor in Motor Vehicle Accident

Supreme Court noted that the appellant will remain dependent on another person for the rest of her life. Even though the physical age will increase, her mental age will be that of a child studying in the 2nd Standard. Effectively, while her body grows, she will remain a small baby.

Case Briefs High Courts

Kerala High Court quashes domestic violence case filed by mother-in-law against parents of daughter-in-law for lack of domestic relationship

“When the proceedings under the DV Act are found to be an abuse of process of Court, in order to secure the ends of justice and to save the parties being put into a frivolous litigation, the High Court must exercise its power under Section 482 of CrPC or under Section 528 of BNSS, otherwise abuse of process of Court would not be addressed or prevented”.

Case Briefs High Courts

Gauhati High Court permits minor victim of Gang Rape to terminate 26-week pregnancy

Comparing the present situation with the risk that the victim may undergo at the time of delivery at full term of pregnancy, the risk factor appears to be same at the present stage as well as the risk that would be involved at the time of delivery at full term of pregnancy.

Case Briefs Supreme Court

Limitation for application for redetermination of compensation under S. 28-A of Land Acquisition Act starts from date of award: Supreme Court reaffirms

Supreme Court highlighted that the judgment in Union of India v. Pradeep Kumari, (1995) 2 SCC 736 has been rendered after considering the relevant provisions of the Statute and the principles of interpretation. However, the judgment in Ramsingbhai Jerambhai v. State of Gujarat, (2018) 16 SCC 445 is a short judgment only referring to the text of Section 28-A(1) of 1894 Act.

Case Briefs High Courts

‘Men have pride and dignity too’: Kerala HC grants bail to actor-director Balachandra Menon in 2007 sexual assault case

“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”

Case Briefs Supreme Court

No fresh registration of suits against places of worship; SC stays passing of final/ survey orders in existing matters

The registration of further suits has been stayed as the matter challenging the constitutional validity of the Places of Worship (Special Provisions) Act, 1991is sub-judice.

Case Briefs High Courts

Andhra Pradesh High Court grants anticipatory bail to Ram Gopal Varma in criminal defamation case for objectionable posts on ‘X’ (Twitter)

The Court directed that the petitioner shall cooperate with the investigation as and when required for the purpose of investigation.