Case Briefs Archives | Page 2 of 724

Supreme Court grants bail to Disabled Person held in custody for 5+ years as undertrial prisoner in murder case

Supreme Court directed the petitioner to cooperate in the early conclusion of the trial and not to interact with any of the witnesses in the instant case.

Case Briefs High Courts

Calcutta High Court directs Police to allow public meeting to raise issues of public importance, ensuring safety and security

The Calcutta High Court emphasised the need for a level playing field for all organizations, including political entities, in exercising the right to assemble and hold a public meeting.

Case Briefs High Courts

Delhi High Court quashes charges against public servant for lack of sanction under S. 197 CrPC

The individual against whom the allegations are made, ought to be a ‘Public Servant’ whose appointing authority is the Central Government or the State Government to entitle him to the protection under section 197 CrPC and not to every public servant.

Case Briefs High Courts

Delhi High Court grants injunction to Emerald Enterprises for its mark ‘EMERALD’ in relation to valves

“The name, the goods and the class of customers is identical. The Plaintiff was a long prior user of the mark and name ’Emerald’ for valves and the Defendant’s adoption is recent.”

Case Briefs High Courts

Madras HC directs IRDAI to place AYUSH treatment on a par with allopathic treatment; Asks it to direct insurance companies to reimburse insurance amount on equal scales

“Traditional treatment must also be encouraged, and it must get the same weightage as is given to allopathic treatment”

Case Briefs High Courts

Calcutta High Court upholds widowed daughter’s right to family pension in Non-Government colleges

“The family pension scheme is socio-economic requirement of the Constitution of India which is a welfare State one and the object of introduction of the scheme of family pension is to assist the dependent of the deceased employee/pensioner or his/her family.”

Case Briefs Supreme Court

Explained| Supreme Court verdict upholding constitutional validity of provisions relating to Personal Guarantors in IBC

“The principle aims of IBC are to promote investment, and resolution of insolvencies of corporate persons, firms, and individuals in a time bound manner. The IBC consolidated and amended a web of laws which had led to an ineffective and inefficient mechanism for resolution of insolvencies marked with significant delay”

Case Briefs High Courts

Pensioner entitled for provisional family pension till determination of criminal appeal with respect to Rule 22(1) of Assam Services (Pension) Rules, 1969: Gauhati HC

The High Court opined that pension being a very valuable right, the legislature in its wisdom, had incorporated Rule 22 of the 1969 Rules, so that a pensioner survives till the allegations attain finality.

Case Briefs High Courts

‘Not a case which would fall under the ‘rarest of rare’ category’: Madras HC commutes death sentence of father who raped his daughter

“Merely because a crime is heinous per se may not be a sufficient reason for the imposition of the death penalty without considering the mitigating factors and other circumstance”

Case Briefs Supreme Court

Supreme Court | No anticipatory bail for IPS Officer accused of impersonation of Chief Justice of Patna HC on WhatsApp

“This Court will certainly not shut its eyes to the materials unearthed, since it relates not only to maintaining purity in judicial proceedings but upholding public faith in the system at large.”

Case Briefs High Courts

Delhi High Court refuses injunction in favour of NILKAMAL for its word mark; Grants injunction in favour for its device mark

The marks have to be compared as a whole mark, thus compared, there is no phonetic similarity between NILKAMAL and NILKRANTI.

Case Briefs High Courts

Calcutta High Court Sets aside conviction for Rape due to lack of corroborative evidence and witness discrepancies

While emphasising on the reliability of the prosecutrix’s testimony, the Calcutta High Court cautioned against its universal application and highlighted the need for evaluation based on the case’s circumstances.

Case Briefs High Courts

Meghalaya HC grants bail to person accused of sexually assaulting 13-year-old minor

The Court considered the grant of bail on account of all the relevant factors, gravity and nature of the offence, the extent of punishment, if enlarged on bail, may abscond or tamper with the evidence and witnesses, etc.

Case Briefs High Courts

Delhi High Court discharges contemnors guilty of interfering in the function of Local Commissioner on unconditional apology

The contemnors apologised and stated that the entire incident is quite unfortunate and though facts have been misrepresented before the instant Court, however, they do not intend to disobey the orders of the Court and that the respondents have great respect for the Court.

MakeMyTrip Dialmytrip restrains deceptively similar

Case Briefs High Courts

[MakeMyTrip v. Dialmytrip] Delhi High Court temporarily restrains Dialmytrip from using ‘Dialmytrip’ mark/name in respect of any travel related services

“Balance of convenience lies in the plaintiff’s favour, considering that it is a well-known company in the travel business who has built its goodwill and reputation throughout the years, if an injunction is not granted it will lead to irreparable loss to the plaintiff.”

Criminal Conspiracy as scheduled offence under PMLA

Case Briefs Supreme Court

Criminal Conspiracy to be ‘scheduled offence’ under PMLA only if conspiracy is to commit an already Scheduled offence: Supreme Court

“The Court also held that it is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged, must be shown as the accused in the scheduled offence.”

Case Briefs High Courts

‘Secured more marks than minimum qualifying marks for general category’; Delhi HC directs Centre to consider EWS candidate under General Category for post of Navik (General Duty)

“Purpose of examination is to screen out best candidates available for job and since petitioner obtained more than minimum required marks, he should have been considered for Stage-II under General Category as his rejection is not based on merit but only on account of document verification.”

Case Briefs High Courts

If small disputes in marriage are recognised as cruelty, many marriages may be at risk of being dissolved without any real cruelty: Allahabad HC grants decree of judicial separation

“In absence of any proceedings for restitution of conjugal rights by either party, the court below ought to have granted a decree for judicial separation by way of alternative relief”

Case Briefs High Courts

‘To achieve purity in election process in particular’, Karnataka HC directs State Election Commission to issue requisite forms in all State local body elections

“It is pertinent to note that the law relating to disclosure of criminal antecedents of the candidates in the Electoral fray has further marched from April to May and now to the June of life”.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Policy issued after inspection, objections of misrepresentation or non-disclosure cannot be raised after structure was gutted in fire: NCDRC

NCDRC concluded that the Insurance Company failed to establish any misrepresentation or non-disclosure of material facts while obtaining the insurance policy.