Case Briefs Archives

Delhi High Court restrains Indian Mart website from displaying counterfeit PUMA products

There is nothing inherently illegal in IIL providing a drop down menu from which prospective sellers, on the Indiamart platform, can select the brand which they intend to sell. If, however, there are not, in place, sufficient checks and balances to prevent counterfeiters from misrepresenting themselves as genuine sellers, the protocol cannot withstand judicial scrutiny.

Case Briefs High Courts

CBSE Circulars specifically proscribe any revision; marks once uploaded will be treated as final for preparing CBSE’s result: Delhi High Court

“Utter chaos will result if schools are permitted to commit errors while uploading students’ marks on CBSE’s website and thereafter, call upon CBSE to correct the marks awarded at their end.”

Case Briefs High Courts

Read Why Gujarat High Court pulled up State for payment of compensation to dependents of deceased manual scavengers

No explanation was forthcoming in any of the affidavits filed on behalf of the State about non-payment of compensation to the dependents of the deceased sanitation workers who had died during manual scavenging.

Case Briefs High Courts

Madras HC directs Patent Controller to reconstitute Opposition Board as evidence is filed after issuance of Board Recommendations

Madras High Court said that natural justice clearly requires that the additional evidence placed on record by both parties should be considered by the Opposition Board.

Case Briefs High Courts

Candidate applying for admission to Kendriya Vidyalaya School in EWS category need to furnish certificate from State Government where school is situated: Delhi HC

“It is also important to note that Kendriya Vidyalaya’s are not schools recognised under the Delhi School Education Act, 1973 or the rules made thereunder and these schools are not bound to follow local Acts and Regulations of every State.”

Case Briefs High Courts

Delhi High Court prescribes timelines for document completion, scheduling interviews in organ transplant cases

“Quick decision making is crucial not just for the donor or the recipient, but also for their respective families.”

Case Briefs High Courts

Calcutta High Court allows Opposition Leaders to pay homage at Netai Shahid Bedi amidst Diwas celebrations

The Calcutta High Court emphasized that no party should engage in political activities or slogans and directed possible videography by police authorities from 06-01-2024 to 07-01-2024.

Case Briefs High Courts

Uttaranchal High Court directs Chief Wildlife Warden to follow procedure provided u/s 11 of Wildlife Protection Act, 1972 before directing to hunt/kill any wild animal

“The decision of Chief Wildlife Warden to issue direction to hunt wild animal, has to be on a rational basis, foundationed on credible material, and not because of any pressure being exhorted by local politicians or people.”

High Courts

Right to privacy of unwed biological mother prevails over the adoptee’s right to know his roots: Calcutta High Court

Calcutta High Court held that petitioner’s delay in initiating the root search impacts the availability of certain documents, and no penal action can be taken against the adoption agency for the absence of the surrender deed.

Case Briefs High Courts

Calcutta High Court directs State to grant ‘Pension Conversion Scheme’ benefits to retired teacher

While observing that petitioner submitted the option within the specified timeframe and returned the employer’s contribution in good faith, the Calcutta High Court found the petitioner to be a bona fide applicant.

Case Briefs High Courts

Provisions of Maternity Benefit Act, 1961 must be enforced strictly; Himachal Pradesh HC directs to pay compensation to employee terminated during her pregnancy

“To conceive, to give birth and take care of a child is not only the fundamental right of the woman but also a pious role to be performed by her for existence of society. Keeping in view arduous nature of this duty, she must be provided facilities to which she is entitled.”

Case Briefs High Courts

Accused cannot be coerced to reveal/disclose password in regard to digital evidence while trial is ongoing: Delhi High Court

“The concerned Investigating Agency cannot expect anyone who is an accused, to sing in a tune which is music to their ears, more so, whence such an accused, is well and truly protected under Article 20(3) of the Constitution.”

Case Briefs Supreme Court

Supreme Court sets aside Delhi High Court order granting default bail to man accused under UAPA

Supreme court said that offences involving terrorist activities having not only Pan India impact but also impact on other enemy States, should not have been taken so lightly.

Case Briefs High Courts

Uttaranchal HC takes suo motu cognizance of illegal felling of trees in jungle areas of Kaladhungi to Bajpur; directs State to take action against erring officials

“No committee was ever constituted to determine as to who will be the actual traditional forest dwellers or a Scheduled Tribe, who can be protected by the rights conferred upon them by the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.”

Tribunals/Commissions/Regulatory Bodies

Securities Appellate Tribunal directs restitution of shares pledged in favour of Axis Bank, ICICI Bank, Bajaj Finance, HDFC Bank and IndusInd Bank

The appropriate process was not done and like a highway robber NSDL through illegal directions from SEBI transferred the pledged shares which were fungible, to the clients of Karvy which action was without any authority of law.

Case Briefs Supreme Court

Supreme Court rejects plea questioning an Indian’s detention in plot to kill pro-Khalistan lawyer GS Pannun

The Indian man is currently in detention/ custody at Pankarac prison in Prague, Czech Republic.

Case Briefs High Courts

Delhi HC restrains Dr. Reddy’s Laboratories Ltd. from commercially launching any product consisting of ‘Olaparib’ till 12-03-2024

“Dr. Reddy’s is willing to give an undertaking that it will not commercially launch product ‘Olaparib’ prior to expiry of Kudos Pharmaceuticals’ patent and until then, it will only undertake activities which are permissible u/s 107-A of Patents Act, 1970.”

High Courts

Persons with Disabilities to be given choice for transfer/posting at preferred place; May be exempted from rotational transfers: Delhi High Court

“State shall ensure that the persons with disabilities are not subjected to unnecessary and relentless harassment by being transferred/posted at places where they are unable to get an environment which is conducive for their working.”

High Courts to enact rules on post-retirement benefits

Case Briefs Supreme Court

Directions by HCs to enact rules on post-retirement benefits by writ of mandamus or otherwise is contrary to Separation of Power: SC

“The Chief Justice does not have the power, under Article 229, to make rules pertaining to the post-retiral benefits payable to former Chief Justices and Judges of the High Court”.

Case Briefs High Courts

Fundamental right to hold passport cannot be curtailed; Andhra Pradesh High Court directs Police to release siezed passport of a Non-resident Indian

“The passport has been seized in contravention of the existing laws in operation and such an exercise is unwarranted and is in violation of Articles 19 and 21 of the Constitution.”