Case Briefs Archives

Delhi HC grants Rajat Sharma interim injunction against defaming video and tweets by members of All India Congress

“A thin line of distinction exists between defamation and public criticism and an onerous task lies with the Courts to maintain this delicate balance between the competing claims and rights.”

Case Briefs High Courts

‘Process for redressal of grievances for refund of amount already initiated through arbitration’; Delhi HC refuses relief under Section 9 of the Arbitration and Conciliation Act, 1996

The Delhi High Court said that the petitioner had no prima facie right, title, and interest in the allotted units, and a case was not made out to restrain the respondents from creating any third-party interest.

Case Briefs High Courts

Wife in vegetative state aggrieved by reduction of medical maintenance amount; Bombay HC directs Appellate Court to decide the matter expeditiously

The Court found the order of the Appellate Court was completely bereft of any findings or reasoning for reducing the maintenance amount, and that the Appellate Court could not have reduced the amount of maintenance once having rejected the Application for stay.

Case Briefs High Courts

Can an offence under S. 498A IPC committed outside India, be tried before Indian Courts? Kerala HC answers

“If any part of the offence or even one instance of the overt act is committed in India, the sanction under Section 188 CrPC is not required”

Case Briefs High Courts

Bombay HC acquits man convicted of murdering wife and infant son in view of the inconsistent testimonies given by the prosecution’s star witnesses

The Court emphasised on the settled position that when two views are possible to a case, then the one that is favours the accused must be adopted.

Case Briefs High Courts

‘No interim injunction for appeal filed at eleventh hour’; Delhi High Court dismisses application challenging “Yakshini” video adaptation by Disney+Hotstar

The Court dismissed an application for granting interim injunction as similarity of name cannot be the sole criteria, especially because it was a mythological character on which admittedly various works, movies and books are already available.

Case Briefs High Courts

[Sexual Harassment at Workplace] Madras HC partially vitiates inquiry report for not providing accused an opportunity to cross-examine the witnesses

“Sexual harassment causes considerable harm to women. Harassment undermines women’s workplace authority, reduces them to sexual objects and reinforces sexual stereotypes and inappropriate gender behaviour. It can have deleterious consequences for the mental and physical health of women”.

Case Briefs High Courts

MP Civil Judge Junior Division | MP High Court directs to weed-out ineligible candidates from prelims under Amended Recruitment Rules

The Court stated that the impugned order under review misunderstood the nature of cut-off marks as immutable rather than subject to change based on eligibility criteria.

Case Briefs High Courts

Calcutta High Court reinstates Bimal Gurung Gorkha Janamukti Morcha Leader as accused in Madan Tamang Murder Case

The case relates to the murder of Madan Tamang, the then-president of the All-India Gorkha League (AIGL) in broad daylight at Darjeeling Mall on 21-05-2010.

Case Briefs High Courts

No physical injuries, delayed FIR & subsequent marriage: MP High Court quashes Rape charges amid doubt over prosecutrix’s credibility

“No reasonable person would believe the prosecutrix’s allegations given the circumstances and inconsistencies in her statements.”

Case Briefs High Courts

‘Violative of Rule 3(vi) of Delhi High Court Video Conference Rules, 2021’; Delhi HC directs X, Meta, YouTube to remove audio/video recording of Arvind Kejriwal’s Court proceedings

Several members of Aam Aadmi Party including members of various other opposition parties made an audio and video recording of Court proceedings which had been circulated on various social media platforms.

husband's conviction after killing wife in 1990

Case Briefs Supreme Court

SC upholds conviction of man after 34 years, who absconded for 10 years after killing wife in 1990

The wife was found dead in the house in May, 1990. It was after several attempts for years, that the husband was apprehended on 09-08-2000 nearly ten years after the incident.

Case Briefs High Courts

‘Marital status of woman cannot be the determining factor for giving her child in adoption’, Madras HC sets aside Registering Authority’s order refusing to register adoption deed

Madras High Court said that the reason given in the impugned refusal check slip reveals the patriarchal mind set of the registering authority, giving an underlying assumption that an unmarried woman above the age of 18 years cannot give her biological child in adoption.

Case Briefs High Courts

Bombay HC grants interim relief to Pidilite Industries Ltd.; restrains Dubond Products India Pvt. Ltd. from using marks “LW” and “LW+”

The Court stated that mere addition of prefix and/or suffix to the impugned mark is inconsequential, thus, it rejected Dubond Products India’s contention that the use of the word “HYDROBUILD” before “LW” in the impugned marks is sufficient to distinguish from the marks of Pidilite Industries.

Case Briefs High Courts

Delhi High Court appoints sole arbitrator despite clause specifying two arbitrators; Upholds parties’ intention to arbitrate

The Court noted Arbitration agreement specifying an even number of arbitrators cannot be a ground to render the arbitration agreement invalid. Appointed a sole arbitrator under Section 11(6) petition.

Case Briefs High Courts

Bombay HC permits slaughtering of animals for Bakri Eid and Urus in the protected area around Vishalgad Fort

The Court stated that the Monuments Act, 1960 makes a distinction between a “protected area” and a “protected monument”, and as per the Notification dated 27-01-1999, the “protected monument” is the Vishalgad Fort and not the entire area.

Case Briefs High Courts

‘Merely because deceased was in obligation under S. 131 of MV Act to be vigilant, does not absolve Railways from liability’: Allahabad HC remands matter to MACT

Allahabad High Court set aside the impugned order and remanded the matter to the Motor Accident Claims Tribunal to decide the Claim Petition afresh.

Case Briefs High Courts

“Bar contained in S. 197, CrPC cannot be read into the provisions of a special legislation like SC/ST Atrocities Act”: Bombay HC

The Court held that no previous sanction as contemplated under S. 197 CrPC would be necessary for investigating and filing final report for offences under S. 509 IPC and S. 3 of the SC/ST Atrocities Act, except for the offences punishable under S. 506 IPC.

Case Briefs Foreign Courts

Refusal to register “Trump too small” trademark under Lanham Act’s ‘Names Clause’ does not violate the First Amendment: SCOTUS

In 2016, after watching a Presidential primary debate exchange between then-candidate Donald Trump and Senator Marco Rubio, the respondent sought to federally register the trademark “Trump too small” to use on shirts and hats.

Case Briefs High Courts

NCLT restrains Byju’s from utilising funds collected on second rights issue until disposal of mismanagement petition

The NCLT ordered the respondents to maintain the status quo regarding existing shareholders and their shareholding.