Case Briefs Archives

‘Arrest must be rational, fair & based on admissible evidence’; MP High Court grants bail in ₹141.8 Crore PMLA case due to procedural lapses

“When an accused is in custody under PMLA irrespective of the case for which he is under custody, any statement under section 50 of PMLA to the same investigating agency is inadmissible against the maker.”

Case Briefs High Courts

Delhi High Court stays trademark registration of ‘JACK DANIELS’ being violative of Section 9(2)(a) & Section 11 of Trade Mark Act, 1999

It is the case of the petitioner that they have been using the mark “JACK DANIEL’S” since 1895 in respect of alcoholic beverages. The petitioner is the registered proprietor of various trademarks including “JACK DANIEL’S” and other formative parts.

Case Briefs Tribunals/Commissions/Regulatory Bodies

3000 missing children in Andhra Pradesh | NHRC issues conditional summons to Chief Secy, Govt. of AP to appear personally

The summons was issued after taking note of non-receipt of requisite report despite sending reminders. NHRC however clarified that if the required documents are received on or before 14-01-2025, then the personal appearance shall stand dispensed with.

Case Briefs High Courts

No social welfare surcharge payable on custom duty exempted under MEIS Scheme: Orissa HC

Upon a person obtaining exemption, he cannot be said to be discharging liability to pay duty. The Court clarified that charging provision under Section 110(3) of Finance Act, 2018 is a percentage of customs duty paid, as collected by the Central Government. The duty paid being zero, collection is zero and the percentage of it must also be zero.

Case Briefs High Courts

Doctrine “Falsus in uno, falsus in omnibus” doesn’t apply in India; Courts must separate reliable evidence from exaggerations: J&K High Court

“It is the duty of the Court to remove the chaff from the grain in its pursuit for truth. It is not open to the trial Court to throw out the entire prosecution evidence just because it was contradictory on certain aspects of the case.”

Case Briefs High Courts

‘Person wanting to do liquor trade have to accept conditions as framed by State’; P&H HC dismisses petition to quash prohibition of operation of bars/pubs beyond midnight in Haryana

“Excess drinking and indulging in night life in Indian society is still a social taboo. While we may not be understood to discourage night clubs, but the policy makers ought to take into consideration the Indian culture and consider that the percentage of literacy and mature understanding and repercussions of excessive drinking is yet a far-reaching goal.”

Case Briefs Supreme Court

‘Restore & preserve temples and their properties with utmost care’; SC appoints retired HC Judge as administrator for elections in Oachira Parabrahma Temple

Justice (Retd.) K. Ramakrishnan of Kerala High Court has been appointed as Administrative Head to conduct the election for the administration and management of the temple and its allied institutions, in a free and fair manner. There were serious disputes in administering and managing the temple and its institutions by the Administrative Head appointed by the Kerala High Court.

Case Briefs High Courts

Delhi High Court sets aside detention order on woman’s personal gold jewellery, Exempts ‘personal effects’ from customs duty

Personal jewellery which is not found to have been acquired on an overseas trip and was always a used personal effect of the passenger would not be subject to the monetary prescriptions incorporated in Rules 3 and 4 of Baggage Rules, 2016.

Case Briefs High Courts

‘Statements in charge-sheet, too far-fetched and fall short of any instigation/incitement’; Bombay HC sets aside abetment to suicide case against a Judicial Officer

To attract the offence under Section 306¹ of the Penal Code, 1860, clear mens rea to commit the offence must be established on applicant-accused’s part, as it requires active/direct act, leading the deceased to commit suicide.

Case Briefs Supreme Court

Supreme Court orders petition to be decided within 3 months after Allahabad High Court’s delay in delivering judgment after reserving it 14 months ago

Supreme Court remarked that it was unclear why the Judge of the High Court, despite reserving judgment 14 months ago, had not delivered the judgment or disposed of the petition.

Case Briefs High Courts

Calcutta High Court upholds maintenance for wife and daughter; Rejects claims challenging legal marriage despite pending appeal

It is the obligation and bounded duty of the husband to maintain his wife and children, if he has sufficient means and neglects or refuses to maintain them in case wife is unable to maintain herself and her child.

Case Briefs Supreme Court

SC directs all States to penalise officers responsible for delay in filling of appeals causing huge loss to Government exchequer

“Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer.”

Case Briefs High Courts

‘Police personnel strangulating pregnant wife not exceptionally brutal/violent’; Bombay HC holds husband eligible for remission

No separate category is carved out as an exception to the normal Rules of remission provided under Section 432 ¹ of the Criminal Procedure Code, 1973 for a Police personnel committing heinous crime of murdering his pregnant wife.

Case Briefs High Courts

Does the right to default bail accrues upon the expiry of the statutory period if an investigation extension application is pending? Madras HC answers

“It is needless to say that the decision in the bail application would be dependent on the decision in the extension application”

Case Briefs High Courts

Delhi HC protects personality rights of renowned cardiac surgeon Dr Devi Shetty; temporarily restrains infringement of Narayana Health trade marks

It is submitted that Plaintiff 1 is a ‘celebrity’ and has a valid and enforceable personality right. He satisfies the dual test of personality rights, viz. having a valid and enforceable personality right on account of being a well-known reputed personality and the same is clearly identifiable in the infringing content uploaded by Defendants 1-8 and 13 on their social media accounts.

Case Briefs High Courts

Delhi High Court grants bail to anti-CAA protest accused in money laundering case under PMLA and UAPA

Special statutes have stringent conditions for grant of bail but they should not become means to detain the accused without there being any possibility of concluding the trial, expeditiously. Merely charging an accused person under the provisions of these special statutes should not become a punishment in itself which violates Article 21.

Case Briefs High Courts

Thorough enquiry regarding monument’s antiquity and age required before declaring it as ‘ancient’: Gauhati HC

The Superintendent of Archaeology is empowered to undertake a thorough enquiry as to the antiquity of the monument to be protected and shall determine as accurately as possible the age of the monument on such evidence as may be available to him.

Case Briefs Supreme Court

‘Politically charged atmosphere not very conducive to fair investigation’; SC transfers FIRs against BJP’s Kabir Shankar Bose to CBI

Bose has been provided with ‘X’ category security since 10-04-2019 because of the perception of threat, both on account of his enmity with the TMC’s sitting MP Kalyan Banerjee due to matrimonial feud as well as his alliance with the party at the Centre (BJP).

Case Briefs High Courts

Kerala HC Directs Collector and Police to ensure safe pilgrimage to Sabarimala during Mandala-Makaravilakku Festival

Kerala High Court was reviewing the steps and action plans proposed by the Travancore Devaswom Board, the State Government, and the police to ensure the safety and security of pilgrims at Sabarimala.

Case Briefs Supreme Court

SC imposes Rs 50,000 cost on Central Govt. for challenging grant of LFP to a soldier’s widow

The Court said that Government should have been sympathetic to the widow of a deceased soldier who died in harness instead of dragging her to the Court.