Case Briefs Archives

Seizing phone and SIM card essential for forensic examination; Madras HC orders priority review of accused’s phone and future consideration for return

“The data available in the mobile phone has to be converted and thereafter forensic examination of digital evidence has to be made. Hence, the seizure of the phone along with sim card was important as encrypted files are available in the phone. For this reason, the phone was seized, and now sent for forensic examination after obtaining permission from Trial Court.”

Case Briefs High Courts

Bombay HC directs State to constitute committee to prevent misuse of public funds for advertising

Article 144 of the Constitution provides that all authorities, civil and judicial, in the territory of India shall act in the aid of the Supreme Court.

Case Briefs High Courts

Two employees on same post? Rajasthan High Court directs AVVNL to issue fresh transfer order amid conflicting interim orders

The Court opined that the impugned orders resulted in a situation where the Department has been forced to continue with two employees on the same post and this situation cannot be permitted to be continued.

Case Briefs Supreme Court

When SC ordered monetary compensation for unnecessary litigation for overtaking senior’s vehicle at railway crossing

The Court pointed out that small excesses like overtaking the vehicle of one’s senior at a railway crossing may be an incident of indiscipline in defense services, but the balance and proportion that needs to be maintained between such an infraction and its punishment will always be at the core of good governance.

Case Briefs High Courts

If dispute is arbitrable and arbitration clause exists, Courts ought to refer dispute to arbitration under S. 8 of A&C Act, 1996: Gauhati HC

In the present case, Clause 12 of the partnership deed indicated that the Partnership Act, 1932 and its Rules shall cover only those aspects not specifically mentioned in the deed.

Case Briefs Supreme Court

Supreme Court overturns Patna HC Order postponing bail implementation for six months

“This is one of the few orders we have come across in last few days passed by the High Court, in which, without deciding the matter on merits, the High Court has granted the bail to the accused, subject to the condition that he shall furnish the bail bonds after six months of the passing of the order.”

Case Briefs High Courts

‘Nominated Authority let its claim get extinguished without protest’; Delhi High Court refuses to interfere with judgment in favour of OCL Iron and Steel Ltd.

‘As per the ‘clean slate’ principle — to get a fresh breath, the successful Resolution Applicant is permitted to proceed in resurrecting the ‘on-going concern’ and no surprise claims are flung upon it, lest the effort of revitalizing and restarting the Corporate Debtor are wasted.’

Case Briefs High Courts

CWC’s orders must prioritize child’s best interests over personal moral values; Kerala High Court grants custody of infant to breastfeeding mother

“Judged by moral standards of the CWC members, the petitioner may not be a good person, but that does not make her a bad mother.”

Case Briefs Supreme Court

Post-surgery deterioration not automatically indicative of medical negligence; Supreme Court overturns NCDRC order

“When reasonable care, expected of the medical professional, is extended or rendered to the patient unless the contrary is proved, it would not be a case for actionable negligence.”

Case Briefs High Courts

Delhi High Court grants injunction in favor of Yahoo Inc. against trademark infringement by ‘YAAHOO!’ Mouth Freshener

Yahoo Inc.’s investigation revealed that the defendant was producing a mouth freshener under the name “YAAHOO! Mouth Freshener.” that closely resembled the established trademark “YAHOO!”, leading to allegations of trademark infringement and passing off.

Case Briefs High Courts

Calcutta High Court stays suspension and expulsion orders issued by R.G. Kar Medical College Council

The petitioners are aggrieved by an order dated 05-10-2024, passed by the Special College Council Members of R.G. Kar Medical College and Hospital, alleging that they have been arbitrarily subjected to suspension and expulsion.

Case Briefs High Courts

Disability suffered by Army personnel could be attributed to service conditions; Delhi HC refuses to interfere with AFT order

‘The Medical Board Proceedings acknowledged that the posting of the army personnel involved severe/exceptional stress and strain’

Case Briefs High Courts

Maternity Benefits Act takes precedence over contractual conditions for contractual employees: Madras High Court

Madras High Court affirmed that the NRHM Nurses are eligible for maternity leave of 270 days with pay as per the Maternity Benefits Act, 1961

Case Briefs Supreme Court

[Motor Accident Claim] Aadhar not proof of date of birth; SC affirms age determination using School Leaving Certificate

The Court also referred to multiple High Court decisions regarding the issue of using Aadhar card to determine age and clarified that it has not expressed any view on the merits of those cases.

Case Briefs High Courts

Bombay High Court declares ‘Girnar’ as a well-known trade mark in relation to tea

The trade mark/label mark ‘Girnar’ surpasses the scope of merely encompassing products/services sold or rendered under the said trade mark and the recognition, reputation, and goodwill of plaintiff-Girnar Food & Beverages Pvt. Ltd. in its trade mark extended beyond any specific class of goods or services.

Case Briefs High Courts

‘Protection of environment is inseparable part of Right to Life’; Rajasthan High Court takes Suo Moto cognizance on encroachment of water bodies

“Water is an invaluable and precious natural resource essential for the survival of all living beings. We cannot imagine life without water. Let it be animals, plants, they require water to complete their daily metabolic activity.”

Case Briefs High Courts

2017 Mandsaur Firing | MP High Court rejects PIL to table Justice Jain Commission Report before MP legislative assembly after 6-7 yrs delay

The Justice Jain Commission Report pertains to the 2017 Mandsaur farmers’ protest, during which police action resulted in five deaths and several injuries.

Case Briefs Supreme Court

Supreme Court sets aside Calcutta HC judgment denying extension of arbitration mandate beyond deadline for making an award; Directs fresh adjudication of petition

In the Judgment dated 12-09-2024, Supreme Court had held that an application for extension of time for passing an arbitral award under Section 29A (4) read with Section 29A (5) is maintainable even after the expiry of the twelve-month or the extended six-month period. The court, while adjudicating such extension applications will be guided by the principle of sufficient cause.

Case Briefs High Courts

Delhi High Court directs Ethiopian Airlines to release Rs 2,75,000 as compensation for missing baggage of NRI passenger

A complaint was filed by an NRI passenger who booked a business-class ticket with Ethiopian Airlines for a non-stop flight from Nigeria to India and upon landing in Delhi, he discovered that one of his bags, containing important documents and valuables, was missing.

Case Briefs High Courts

Delhi High Court impleads non-signatories as ‘veritable parties’ in arbitration proceedings for having substantial involvement in fulfilling terms of MoS

‘If the non-signatory’s actions align with the signatories, it could reasonably lead the signatories to believe that the non-signatory was a veritable party to the contract containing the arbitration clause.’