Case Briefs Archives

Delhi High Court directs Government to decide plea for conducting door-to-door survey for collection of senior citizen data

The Delhi High Court directed the petition to be treated as a representation to the Chief Secretary, Government, State (NCT of Delhi).

Case Briefs High Courts

‘Passing the buck and not addressing the queries raised’; Delhi HC directs tendering authorities and GeM Portal to address bidders’ query

“The petitioner having participated in the impugned tender process is entitled to know the reasons for the disqualification of its bid and not providing these answers is contrary to the requirement of transparency.”

Case Briefs High Courts

‘Necessary to determine real conflict between parties’; Patna HC sets aside order refusing to amend pleadings after commencement of trial

The Court stated that if the amendment was not allowed it would lead to unnecessary multiplicity of litigation, as the amendments appeared to be necessary to determine the real controversy between the parties.

Case Briefs High Courts

Madras High Court affirms rejection of IIT-M Patent on ‘Method of Doping Potassium’, for lack of inventive step

Madras High Court concluded that without any experimental data to compare the costs of using filtrate material, which requires frequent changing, vis-a-vis using an external reagent, the economic significance of the claimed invention cannot be established. Thus, the claimed invention lacks an inventive step under Section 2(1)(ja) of the Patents Act.

Case Briefs High Courts

Karnataka HC grants anticipatory bail to Bhavani Revanna in kidnapping case; Directs her to not enter districts of Mysore & Hassan except for the purpose of investigation

“Investigating agencies should be very cautious while seeking their custodial interrogation. Women by their very nature deserve preferential treatment inter alia in matters relating to bail, regular or anticipatory”.

Case Briefs High Courts

Candidate claiming compassionate appointment cannot be given second chance to qualify physical efficiency test after failing it once: Allahabad HC

“Appointment under a compassionate scheme is not meant to be an alternate source of recruitment. It is essential to reach immediate succor to a bereaved family, as the sudden passing away of a government servant creates a financial vacuum and it is to lend a helping hand to the genuinely needed members of the bereaved family that an appointment is provided.”

Case Briefs High Courts

Delhi High Court denies suspension of sentence of Kuldeep Singh Senger in Custodial Death Case of Unnao Rape victim’s father

The Delhi High Court stated that the period of sentence served by a convict is only one of the several factors that are to be taken into consideration while adjudicating an application seeking suspension of sentence.

Case Briefs High Courts

GST officers shall not force a person to give statement after office hours; Must follow instructions of GST-Investigation and CBIC while summoning: Jharkhand HC

The Court stated that to speak or not to speak has always been a dilemma for a person called for giving his statement before the Customs Officer, Central Sales Tax Officer, Police Officer etc, as the implications are serious.

Case Briefs High Courts

‘Ordinary common man will be confused’; Bombay HC grants ad-interim injunction to Glenmark Pharmaceuticals for mark “ZITA-MET” against Gleck Pharma’s mark “XIGAMET”

The Court stated that physicians, doctors, and chemists are knowledgeable in their field, however they are not infallible, and in respect of medicinal and pharmaceutical products there cannot be any leeway for mistakes, since even a possibility of a mistake may prove fatal to the consumers.

Case Briefs High Courts

Magistrates should specify whether maintenance is ordered under CrPC or HAMA while dealing with Domestic Violence matters: Kerala HC

“For the reason that the parties are Hindus, one cannot assume that the order of maintenance is in recognition of the right under HAMA, for, Section 125 CrPC is secular and applicable to all.”

Case Briefs High Courts

Delhi HC grants Rajat Sharma interim injunction against defaming video and tweets by members of All India Congress

“A thin line of distinction exists between defamation and public criticism and an onerous task lies with the Courts to maintain this delicate balance between the competing claims and rights.”

Case Briefs High Courts

‘Process for redressal of grievances for refund of amount already initiated through arbitration’; Delhi HC refuses relief under Section 9 of the Arbitration and Conciliation Act, 1996

The Delhi High Court said that the petitioner had no prima facie right, title, and interest in the allotted units, and a case was not made out to restrain the respondents from creating any third-party interest.

Case Briefs High Courts

Wife in vegetative state aggrieved by reduction of medical maintenance amount; Bombay HC directs Appellate Court to decide the matter expeditiously

The Court found the order of the Appellate Court was completely bereft of any findings or reasoning for reducing the maintenance amount, and that the Appellate Court could not have reduced the amount of maintenance once having rejected the Application for stay.

Case Briefs High Courts

Can an offence under S. 498A IPC committed outside India, be tried before Indian Courts? Kerala HC answers

“If any part of the offence or even one instance of the overt act is committed in India, the sanction under Section 188 CrPC is not required”

Case Briefs High Courts

Bombay HC acquits man convicted of murdering wife and infant son in view of the inconsistent testimonies given by the prosecution’s star witnesses

The Court emphasised on the settled position that when two views are possible to a case, then the one that is favours the accused must be adopted.

Case Briefs High Courts

‘No interim injunction for appeal filed at eleventh hour’; Delhi High Court dismisses application challenging “Yakshini” video adaptation by Disney+Hotstar

The Court dismissed an application for granting interim injunction as similarity of name cannot be the sole criteria, especially because it was a mythological character on which admittedly various works, movies and books are already available.

Case Briefs High Courts

[Sexual Harassment at Workplace] Madras HC partially vitiates inquiry report for not providing accused an opportunity to cross-examine the witnesses

“Sexual harassment causes considerable harm to women. Harassment undermines women’s workplace authority, reduces them to sexual objects and reinforces sexual stereotypes and inappropriate gender behaviour. It can have deleterious consequences for the mental and physical health of women”.

Case Briefs High Courts

MP Civil Judge Junior Division | MP High Court directs to weed-out ineligible candidates from prelims under Amended Recruitment Rules

The Court stated that the impugned order under review misunderstood the nature of cut-off marks as immutable rather than subject to change based on eligibility criteria.

Case Briefs High Courts

Calcutta High Court reinstates Bimal Gurung Gorkha Janamukti Morcha Leader as accused in Madan Tamang Murder Case

The case relates to the murder of Madan Tamang, the then-president of the All-India Gorkha League (AIGL) in broad daylight at Darjeeling Mall on 21-05-2010.

Case Briefs High Courts

No physical injuries, delayed FIR & subsequent marriage: MP High Court quashes Rape charges amid doubt over prosecutrix’s credibility

“No reasonable person would believe the prosecutrix’s allegations given the circumstances and inconsistencies in her statements.”