Case Briefs Archives

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.

Case Briefs High Courts

Rajasthan High Courts directs police to conduct fair & expeditious investigation against Sarpanch amid political vendetta concerns

“A bare perusal of the FIR revealing commission of cognizable offence and the investigation has to be conducted.”

Case Briefs Supreme Court

Can’t deny benefit of ‘experience mark’ to former outsourced employee merely because they weren’t appointed on sanctioned post: SC

“The true thrust of every selection process ought to be to find out and select suitable candidates, having experience in the related work and fulfilling other criteria, from among eligible candidates and to go ahead with appointing the more meritorious of those found suitable”.

Case Briefs High Courts

‘Street Dogs pose a menace to the public’: Meghalaya HC directs State to acquire dog shelters for vaccinated and sterilized stray dogs

“There is an absolute need for the Municipal Board to acquire a shelter where these street dogs can be kept.”

Case Briefs High Courts

‘No reason to interfere with dismissal at belated stage, especially when conduct not above board’; P&H HC upholds police constable’s dismissal made in 1995 for relations with extremist group

From the perusal of the reports received from State of West Bengal, it is observed that the petitioner was misusing his official position. The petitioner went to Kolkata without informing his seniors and without getting prior approval. He was posing himself as Gunman of purported President of District Congress Dal, Amritsar.

Case Briefs High Courts

Allahabad High Court acquits seven in 2004 rape and kidnapping case; Raises possibility of victim’s involvement in crime

“The medical evidence on record does not support the allegation made by prosecutrix and there is no other corroboration of the version of the victim.”

Case Briefs High Courts

Delhi High Court allows CISF appointment for candidate facing serious criminal charges pending final outcome

The petitioner has been successful in obtaining employment with the CISF based on his own merit and qualification. In case the petitioner is not allowed to join, subject to the pendency of the criminal case, the petitioner may lose this opportunity for all times to come, and this loss would never be compensated.