Case Briefs Archives

Hero Investcorp v. V.R. Holdings | Supreme Court refuses to interfere with Delhi HC’s stay in Trade Mark rectification matter

The Division Bench of Delhi High Court had stayed the order in V.R. Holdings v. Hero Investcorp Ltd., 2023 SCC OnLine Del 1380.

Case Briefs High Courts

Calcutta High Court upholds Appellate Court’s order on pre-emption rights and limitation

Calcutta High Court held that issue of limitation being a question of fact ought to have been raised before trial court and evidence ought to have been adduced.

Case Briefs High Courts

Action contrary to departmental rules not criminal misconduct by public servant: Kerala HC

“Mere conduct and action of the accused contrary to rules and departmental norms would not amount to criminal misconduct by a public servant.”

Case Briefs High Courts

Delhi HC directs Chairperson, DTC to file affidavit stating details of officer who appointed person suffering from colour blindness as a driver

“It is evident that the Delhi Transport Corporation appointed respondent, who is unfit for the position of a driver as he is suffering from colour blindness, merely based on the medical certificate issued by the Guru Nanak Hospital.”

Case Briefs High Courts

Minor girl kidnapped, 20-year-old boy in jail for more than a year; Punjab and Haryana HC pulls Punjab Police for callous approach

Punjab and Haryana High Court pointed towards the irresponsible and callous approach of senior police officer who were also the members of SIT.

Case Briefs High Courts

Delhi High Court refuses to quash S. 376 IPC FIR based on conduct of parties, misguided facts and misinformed religious conversion

Sexual violence against a woman should invite no tolerance, however, manipulating the system by the parties to a case under Section 376 IPC would equally need to be dealt with a stern hand and serious efforts should be made to address and remedy failings within the criminal justice system and through our society.

Case Briefs High Courts

‘No conviction solely based on accused’s statements under Section 313 of CrPC’; Calcutta High Court sets aside conviction

Calcutta High Court noted that the impugned notice has not been produced before the Court, thus not proved, the case’s foundation is wrong and thus not maintainable.

Case Briefs High Courts

“Vadodara boat capsize incident shocked conscience of public”; Gujarat HC while taking suo motu cognizance

12 Students and 2 Teachers of New Sunrise School in Waghodiya drowned in Harni Lake where 82 children had gone for picnic organized by the school.

Case Briefs High Courts

‘Real celebration will be if society follows ideals of Lord Ram’; Raj HC directs District Collector to ensure that in future roads are not blocked in name of religious celebrations

“It is ironic that while Lord Ram had created a bridge to approach Lanka, people have blocked the way resulting in a complete road-block and impasse.”

Case Briefs High Courts

Is wife entitled to know husband’s salary details to make a rightful claim of maintenance? Madras HC answers

By the impugned order, the State Information Commissioner directed the employer to furnish the information sought for by the wife. Challenging the same, the present writ petition was filed.

Case Briefs High Courts

Calcutta High Court establishes appeal’s maintainability under Order 43(1)(a) and Section 104 of CPC, refers to appropriate jurisdiction

Calcutta High Court referred the appeal to the bench with jurisdiction over first appeals from orders under Order 43(1)(a) passed by a regular court of civil jurisdiction, not by a special or commercial court.

Case Briefs High Courts

Gujarat HC allows accused to travel UK to assist son and daughter-in-law to raise grandson

The Court allowed him to renew his Visa and stay in the UK for a period of 1 year.

Case Briefs High Courts

[Compassionate appointment] Madras High Court directs District Education Officer to provide job to son of deceased Head Mistress

After perusing the Government order of the Labour and Employment Department, Madras High Court noted that the family pension of the deceased employee need not be considered while assessing the family’s income.

Case Briefs High Courts

Divorced Muslim woman need not be sent to Court for recording talaq: Kerala High Court

“The law is an ass is a derisive expression said when the rigid application of the letter of law is seen to be contrary to common sense.”

Case Briefs High Courts

‘Minor wife’s stay at Girls Care Home not detrimental’; Patna High Court denies custody to husband

“If the girl is not a major and has eloped with a person and expresses fear of life if her custody is given back to her parents, then the Court shall send her to appropriate shelter home where her interest could be best taken care of till she becomes a major.”

Case Briefs High Courts

Income derived from transmission of ‘live feed’ not taxable as ‘royalty income’ u/s 9(1)(vi) of Income Tax Act, 1961: Delhi High Court

“Once it is concluded that a live telecast will not fall within the ambit of the expression “work”, it will be wholly erroneous to hold that the income derived by the assessee in respect of “live feed” will fall within clause (v) of Explanation 2 to Section 9(1)(vi) of the Income Tax Act, 1961.”

Case Briefs High Courts

Delhi High Court restrains Bohemia from engaging with third parties for making sound recordings without prior written approval from Saga Music

“Bohemia and his agents are restrained from posting, uploading, sharing, e-sharing and/or publishing or causing any defamatory, disparaging, misleading posts against Saga Music (P) Ltd. on any social media or digital platform.”

Case Briefs High Courts

Not permissible to conduct mini-trial u/s 482 of CrPC to determine if an allegation constitutes an offence: Himachal Pradesh High Court

“The fact that the Trial Court had not issued the summons under all the Sections mentioned in the complaint and had given the reasons, negate the plea of the petitioners that the Trial Court had not applied its mind while issuing the summons.”

Case Briefs High Courts

‘An accused has fundamental right to fair trial’; Madhya Pradesh High Court allows petition to call witnesses in a cross-case

Madhya Pradesh High Court opined that Section 243 of the CrPC nowhere bars the investigating officer of cross-case to appear on behalf of accused in the case in which he is a complainant.

Case Briefs High Courts

Family Court grants dissolution of marriage on ground not pleaded in petition: Madras HC sets aside order

Madras High Court said that the wife was always ready and willing to live with the husband along with two children. It is the husband, who is running away from the matrimonial home without discharging his duty and responsibility as a husband.