Case Briefs Archives

farmers protests X(twitter) accounts block

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Within precincts of RTI Act’; CIC upholds denial of information on blocking of X accounts covering farmer’s protests

The appellant sought information concerning blocking of social media accounts covering farmer’s protests and those critical of the government.

Case Briefs Supreme Court

Supreme Court stays Gujarat HC’s contempt proceedings against judicial officer

The husband of one of the Judicial Officers alleged that she along with another Judicial Officer and Public Prosecutor violated the guidelines laid down in the Arnesh Kumar case; and that he was illegally arrested from his residence at off hours, pursuant to matrimonial matter.

Supreme Court directives on public prosecutors

Case Briefs Supreme Court

Supreme Court issues directives on the role of public prosecutors and legal aid counsels to safeguard fairness and fundamental rights in criminal trials

“The right of the accused to defend himself in a criminal trial is guaranteed by Article 21 of the Constitution of India. He is entitled to a fair trial. But if effective legal aid is not made available to an accused who is unable to engage an advocate, it will amount to infringement of his fundamental rights guaranteed by Article 21”

Case Briefs Supreme Court

Presumption under Section 20 PCA does not require bribe amount to be ‘substantial’; Operates only when there is no nexus between demand and action: SC

“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”

Case Briefs High Courts

Gujarat HC set aside Tribunal’s order condoning delay of 22 years 8 months for vague & ambiguous reasoning akin to ‘non-speaking order’

The Tribunal in the impugned decision reasoned that- whenever Government for public purpose bifurcates districts, a complex situation arises and on account of the same sometimes issues like the present, escape the notice of the Government authorities therefore, good cause for condoning delay of more than 22 years was made out.

Case Briefs High Courts

‘No mention of accused persons awareness of caste at time of alleged incident; even otherwise remarks not made in public place’: P&H HC quashes SC/ST Act case

In the present case, the complaint remained pending for several years and no application was filed by Respondent 2. Now, no purpose would be served by ordering the prosecution of the accused persons, after a long delay of 14 years, when Respondent 2 and his co-accused have already been convicted in a criminal trial, relating to the same occurrence.

Case Briefs Supreme Court

Misuse of S. 111 BNS | SC stays arrest of YSR Congress Party’s social media head for 2 weeks

The petitioner alleged that S. 111 of Nyaya Samhita, 2023 is being misused as a tool to stifle the voice of the opposition party.

Case Briefs High Courts

Bombay HC restrains Chrome21 India from infringing Hind Rectifiers’s mark ‘HIRECT’; declares ‘HIRECT’ as a well-known trade mark

The rival marks are structurally, phonetically, and visually identical and/or deceptively similar when compared as a whole and the word ‘HIRECT’ is the important, prominent, and essential feature of the plaintiff’s registered mark.

Case Briefs High Courts

[Art. 311(2)(c)] Governor’s sanction without ‘subjective satisfaction’; Manipur HC upholds reinstatement of Sub-Inspector

“The Governor cannot just give assent by just writing “may be approved” without expressing subjective satisfaction as to the recommendation of the Committee of Advisors.”

Case Briefs High Courts

‘Army authorities chose to relieve themselves from onerous obligations’; Punjab and Haryana HC upheld disability pension of a soldier discharged from service on compassionate grounds

Respondent 1 was enrolled in Indian Army and was discharged from service on compassionate grounds. During his service, he incurred the disability of ‘Sensori Neural Hearing Loss B/L-H90′. Respondent 1’s disability element claim was rejected by the Competent Authority on the ground the disability is assessed as less than 20%.

Case Briefs High Courts

‘Individual’s reputation integral part of personality, cannot be unjustly tarnished under guise of freedom of speech’: Delhi HC grants interim relief to Harsh Beniwal

“The video recorded by Defendant 1 is extremely offensive, sexually explicit, foul and filthy utterances were made in the said video by Defendant 1 against the plaintiffs, which per se shocks the conscience of the court.”

Case Briefs High Courts

Bombay HC grants temporary injunction to HDFC Life Insurance against an unknown person who sought to extort money by threatening to leak customer data

The data can be misused for a variety of purposes including for the purpose of impersonating applicant- HDFC Life Insurance Co. Ltd., which will involve infringement of applicant’s registered trade mark and passing off.

Case Briefs Supreme Court

SC denies retrospective promotion and notional benefits to superannuated employee under Rule 54(1)(a) of WB Service Rules

“Promotion only becomes effective upon the assumption of duties on the promotional post and not on the date of occurrence of the vacancy or the date of recommendation.”

Case Briefs Supreme Court

Sale certificate to auction purchaser is mere evidence of title & does not require registration under S. 17(1) of Registration Act: SC reiterates

“Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”

Case Briefs Supreme Court

Refusal to marry in a relationship does not amount to criminal liability for abetment of suicide: Supreme Court

“To convict a person for abetment of suicide under Section 306 IPC, there has to be a clear mens rea on the part of the accused to abet such a crime and it requires an active act or a direct act leading to the commission of suicide.

Case Briefs High Courts

‘Voluntarily accompanying accused in crowded place; no injury marks on body parts of victim’; Punjab and Haryana HC acquits rape accused in a POCSO case

The Court observed that the victim in her cross-examination had candidly spoken, that there was no talk between her and the accused regarding marriage proposal. Therefore, the sexual intercourse, if any, which occurred between them, is not a sequel of any allurement of marriage.

Case Briefs High Courts

Delhi High Court upholds injunction against Novakind Bio Sciences for infringing Mankind Pharma’s ‘KIND’ trademark

Mankind Pharma used the mark “MANKIND” since 1986 and holds 78 separate trademark registrations covering a variety of pharmaceutical products. The concern arose when Novakind adopted the name “NOVAKIND” for its pharmaceutical products.

Case Briefs Supreme Court

Supreme Court upholds land acquisition for Yamuna Expressway; Justifies Invocation of Urgency Clause

Supreme Court directed that a 64.7% enhancement in compensation would apply in rem, ensuring that uniform benefits would be provided to all affected landowners under the present land acquisition process.

Case Briefs High Courts

‘Delivering child in jail will impact both mother and child’; Bombay HC grants bail to a female prisoner who was in her advanced stage of pregnancy

Though applicant-accused can be treated at the Government Hospital for her pregnancy, however, every person, including the prisoner, is entitled to dignity which the situation demanded.

Case Briefs District Court

Delhi Court orders conditional stay on attachment of Bikaner House; Directs payment of decretal amount in terms of Arbitral Award

The Court had ordered the attachment of the Bikaner House to enforce payment since neither did the Nagar Palika of the State of Rajasthan comply with the court order to file an affidavit of assets nor did it pay the petitioner per the arbitral award.