Case Briefs Archives | Page 187 of 915

Karnataka HC issues directions for immediate medical examination of rape victims to ascertain pregnancy and provision of counselling on available options

Taking note of the procedure and trauma involved for sexual assault victims and their families, the High Court issued these directions to ensure timely detection of pregnancies and a proper counselling regarding the victim’s physical and mental health.

Case Briefs High Courts

‘Doctors are referred as “next to God”; Delhi High Court refuses bail to neurosurgeon at Safdarjung Hospital relating to medical equipment conspiracy

“The petitioner was the mastermind of the criminal conspiracy, whereas the co-accused, who have been enlarged on bail, are merely middlemen who assisted the petitioner in carrying out the conspiracy.”

Case Briefs High Courts

Children’s room in District Courts must be kept open for visitation on Sundays and Second Saturdays as well: Delhi High Court

“If the children’s room remain open, a party to a litigation can have the benefit of visitation on Sundays and second Saturdays as well.”

Case Briefs High Courts

‘Right to property is a constitutional right under Article 300-A’; Calcutta High Court grants Compensation for land utilisation without due process

Calcutta High Court acknowledged the delay but emphasised that delay cannot deprive an individual of legitimate claims arising from expropriation.

Case Briefs High Courts

‘Just looking like a wow!’; Delhi High Court grants injunction in favour of Body Cupid Private Limited for its ‘WOW’ mark

The plaintiff’s case is that it uses the brand ‘WOW’ for many products, including supplements, herbal blends, creams, serums, lotions, shampoos, bath & body products, essential oils, etc.

Case Briefs Supreme Court

Supreme Court allows provisional applications by 2 MP Civil Judge aspirants challenging 3-year practice requirement

Supreme Court clarified that the relief at this point would be subject to further decision of the Court considering the said point of eligibility for the examination.

Case Briefs High Courts

Sale of re-possessed vehicles is subject to charge of VAT: Delhi High Court reiterates

“It is erroneous to suggest that the sale of goods is not chargeable to tax under the Delhi Value Added Tax Act, 2004, if there is no increase or accretion in the value of goods by the dealer.”

Case Briefs High Courts

‘Does not constitute infringement of trade mark’; Delhi HC sets aside order restraining Booking.com from using ‘MakeMyTrip’ as keyword on Google Ads Program

“Use of trade marks as keywords cannot, by any stretch, be construed as applying the registered trade mark to any material intended to be used for labelling or packing goods, as a business paper, or for advertising goods or services.”

Case Briefs High Courts

Benefit of Probation of Offenders Act, 1958 cannot be granted in offence involving rash and negligent driving: Himachal Pradesh High Court

“The applicant submitted that he has deep roots in the society. He is a government servant and he should be given a chance to reform himself.”

Case Briefs High Courts

Delhi HC temporarily restrains Cornerstone Sport and Entertainment Pvt Ltd. from playing copyrighted songs of Phonographic Performance Limited

“Failure to grant such injunction is bound to result in continued infringement of copyright. Accordingly, the principles of balance of convenience and irreparable loss would also justify grant of interim injunction as sought.”

Case Briefs High Courts

Transgression of reasonable restrictions on freedom of speech and expression may lead to disastrous consequences: Bombay High Court

“Discipline is the hallmark of any employee/workman when he is required to conduct himself as a workman.”

Case Briefs High Courts

‘Puma cats and lion belong to same family, Felidae’; Delhi HC cancels ‘leaping lion’ mark of Gajari Online Services Pvt. Ltd in rectification petition filed by PUMA

“The continued use of the impugned mark will affect the purity of the registered trade mark as the same is likely to cause deception and confusion, in terms of Section 11(2) and 11(3) of the Trade Marks Act, 1999.”

Case Briefs High Courts

Calcutta High Court decides technical eligibility criteria and joint venture value assessment in Railway tender dispute

Calcutta High Court emphasised on the principle of judicial restraint in interpreting tender documents and rejected claims of mala fides without specific pleadings.

Case Briefs High Courts

Strict obedience required towards disclosure of criminal antecedents by anyone seeking employment in disciplined forces: Delhi High Court

“When the petitioner was issued provisional appointment letter, it was mentioned that his appointment was provisional and if his claim in the Verification Roll was found to be false, his services would be terminated. However, the petitioner took these warnings nonchalantly.”

Case Briefs High Courts

‘Inheritance rights and authority restricted to deceased testatrix’s footsteps’; Calcutta High Court’s major relief to Lodhas in Priyamvada Birla Will Case

In the instant matter, the Calcutta High Court delivered its final judgment, clarifying the rights of Mr. H.V. Lodha in the operating companies, bringing an end to this complex and protracted legal saga.

News Supreme Court

Money Laundering | Supreme Court refuses bail to former Chhattisgarh CM Bhupesh Baghel’s Deputy Secy

Supreme Court imposed costs of Rs 1 lakh against Saumya Chaurasia for incorrect submissions in her petition.

Case Briefs High Courts

Trial will have to begin de novo when case is committed by Magistrate to Court of Session: Delhi High Court

“When a case is committed by the Court of Magistrate to the Court of Session, the Magistrate becomes functus officio and any evidence recorded therein cannot be held to be admissible for the purposes of a de novo trial before the committal Court.”

Case Briefs High Courts

Himachal Pradesh High Court quashes FIR against man accused of offence under POCSO to preserve happy, peaceful married life of accused and victim

“Though justice has got to be administered in accordance with the law enacted by the Legislature. The concept of justice is elastic and is imperceptible. There can be no hard and fast line constricting the power of the High Courts to do substantial justice.”

Case Briefs High Courts

Delhi High Court| Tata Sons shall cease to use ‘XPERT’ as trademark but use EXPERT in a non-trademark sense in a descriptive manner for its detergent product

The grievance of RSPL Limited is the use of the mark EXPERT and depiction of the partial clock on the detergent packaging of the defendants as also the use of the word expert and use of the elongated X and DX.

Abu Dhabi ports company Delanord Investments acquisition

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI approves acquisition of shareholding in Delanord Investments by Abu Dhabi Ports Company

The Commission stated that the precise delineation of relevant markets can be left open as irrespective of the delineation, the Proposed Combination will not cause any appreciable adverse effect on competition in India.