Case Briefs Archives

husband's conviction after killing wife in 1990

SC upholds conviction of man after 34 years, who absconded for 10 years after killing wife in 1990

The wife was found dead in the house in May, 1990. It was after several attempts for years, that the husband was apprehended on 09-08-2000 nearly ten years after the incident.

Case Briefs High Courts

‘Marital status of woman cannot be the determining factor for giving her child in adoption’, Madras HC sets aside Registering Authority’s order refusing to register adoption deed

Madras High Court said that the reason given in the impugned refusal check slip reveals the patriarchal mind set of the registering authority, giving an underlying assumption that an unmarried woman above the age of 18 years cannot give her biological child in adoption.

Case Briefs High Courts

Bombay HC grants interim relief to Pidilite Industries Ltd.; restrains Dubond Products India Pvt. Ltd. from using marks “LW” and “LW+”

The Court stated that mere addition of prefix and/or suffix to the impugned mark is inconsequential, thus, it rejected Dubond Products India’s contention that the use of the word “HYDROBUILD” before “LW” in the impugned marks is sufficient to distinguish from the marks of Pidilite Industries.

Case Briefs High Courts

Delhi High Court appoints sole arbitrator despite clause specifying two arbitrators; Upholds parties’ intention to arbitrate

The Court noted Arbitration agreement specifying an even number of arbitrators cannot be a ground to render the arbitration agreement invalid. Appointed a sole arbitrator under Section 11(6) petition.

Case Briefs High Courts

Bombay HC permits slaughtering of animals for Bakri Eid and Urus in the protected area around Vishalgad Fort

The Court stated that the Monuments Act, 1960 makes a distinction between a “protected area” and a “protected monument”, and as per the Notification dated 27-01-1999, the “protected monument” is the Vishalgad Fort and not the entire area.

Case Briefs High Courts

‘Merely because deceased was in obligation under S. 131 of MV Act to be vigilant, does not absolve Railways from liability’: Allahabad HC remands matter to MACT

Allahabad High Court set aside the impugned order and remanded the matter to the Motor Accident Claims Tribunal to decide the Claim Petition afresh.

Case Briefs High Courts

“Bar contained in S. 197, CrPC cannot be read into the provisions of a special legislation like SC/ST Atrocities Act”: Bombay HC

The Court held that no previous sanction as contemplated under S. 197 CrPC would be necessary for investigating and filing final report for offences under S. 509 IPC and S. 3 of the SC/ST Atrocities Act, except for the offences punishable under S. 506 IPC.

Case Briefs Foreign Courts

Refusal to register “Trump too small” trademark under Lanham Act’s ‘Names Clause’ does not violate the First Amendment: SCOTUS

In 2016, after watching a Presidential primary debate exchange between then-candidate Donald Trump and Senator Marco Rubio, the respondent sought to federally register the trademark “Trump too small” to use on shirts and hats.

Case Briefs High Courts

NCLT restrains Byju’s from utilising funds collected on second rights issue until disposal of mismanagement petition

The NCLT ordered the respondents to maintain the status quo regarding existing shareholders and their shareholding.

Case Briefs High Courts

Colourable devices cannot be part of tax planning; obligation of every citizen to pay taxes honestly: Telangana HC

The Court stated that due to the non-obstante clause in Chapter X-A i.e., the General Anti-Avoidance Rules (‘GAAR’), its provisions get an overriding effect over and above the other existing provisions of law.

Case Briefs High Courts

[ICC T20 World Cup 2024] Delhi High Court grants dynamic + injunction to protect broadcast rights of Star India

The Delhi High Court said that the dynamic nature of the digital landscape necessitates that court orders are not static but evolve in tandem with technological advancements and challenges posed by the virtual domain.

Case Briefs High Courts

Delhi High Court grants one month to Faizyab Masjid and Madarsa in Hazrat Nizamuddin to vacate the premises for demolition

Delhi High Court made it clear that no further extension of time shall be granted with respect to the masjid and madarsa since the property is required for public purposes.

Case Briefs High Courts

Bombay HC disallows prosecution of alleged affiliates of a banned organisation for MCOCA charges due to delay in taking of cognizance by Trial Court

The Court noted that cognizance of the offence was not taken by the Trial Court as stipulated by Section 2(d) of the MCOCA, therefore, the accused persons could not be prosecuted on the charges of S. 3 MCOCA.

Case Briefs High Courts

Delhi High Court directs stakeholder meeting to review purified drinking water facilities at Delhi University

It is imperative that a meeting be convened amongst all the stakeholders, i.e., Dean Student’s Welfare, Delhi University, Dean Faculty of Law and others to assess the facilities provided to the students with regard to the water coolers/provision for purified drinking water as well as the other infrastructural facilities including the availability of Wi-Fi services.

SC allows demolition of Pracheen Shiva Temple

Case Briefs Supreme Court

SC upholds Delhi HC decision allowing demolition of Pracheen Shiva Temple on Yamuna floodplains by DDA

The Supreme Court rejected to halt the demolition of the temple but clarified that the Temple Samiti was not precluded from pursuing its remedies before the High Court in the pending proceedings.

Case Briefs High Courts

‘Grave danger to mental health by continuation of pregnancy’: Bombay HC permits a 19-year-old woman to terminate twenty-five-week pregnancy

The Court stated that the petitioner was an adult and was entitled to her sovereign decisions for reproductive autonomy, and the views of her parents or of her partner were not relevant.

Case Briefs Foreign Courts

[Access to abortion pill Mifepristone] | SCOTUS unanimously dismisses challenge to FDA’s regulatory actions due to lack of locus standi

Several pro-life medical associations and doctors challenged the FDA regulations issued in 2016 and 2021 that ensured easy access of mifepristone for termination of pregnancy and sought a preliminary injunction for the FDA to rescind these regulatory actions.

Case Briefs High Courts

Mere sending notice u/s 21 of Arbitration Act not sufficient; receipt of notice is prerequisite for commencement of proceedings: Delhi HC

In the present case, the notice has not been sent to the complete address which results in incomplete service of notice.

Case Briefs High Courts

Uttaranchal HC directs Labour Commissioner to inspect all brick kilns to ensure minimum wages are being paid to workers

The Court directed the Labour Commissioner to ensure that the provisions of all Labour Welfare Legislations are also being complied with in respect of Brick Kiln workers.

Case Briefs High Courts

Delhi High Court remands patent application for Bifidobacterium longum for fresh consideration, due to insufficient examination of Novelty

Key issues under scrutiny include whether the properties attributed to this formulation of specific strain of Bifidobacterium longum are sufficiently distinct from prior art to merit patent protection and whether the claimed synergistic effects of the formulation demonstrate a significant technical advancement.