Case Briefs Archives

[Misbranding of Zero Calorie Sweetener] SC sets aside Gujarat HC’s order for trial de novo; cites absence of material averments in complaint

“The burden of proof cannot be put on the accused to prove that they were not manufacturing table top sweeteners.”

Case Briefs Supreme Court (Constitution/Larger Benches)

[Electoral Bond Case] Supreme Court directs SBI to disclose EB unique numbers revealing link between donors and political parties

On 12-03-2024, SBI has furnished the electoral bonds details to the Election Commission of India in compliance with the court’s order. Subsequently, on 14-03-2024 ECI uploaded the electoral bonds data supplied by SBI on its official website.

deprecatory reference to persons with disability in Aankh Micholi movie

Case Briefs Supreme Court

Deprecatory portrayal of disability in film ‘Aankh Micholi’: Supreme Court seeks Centre’s response on Certification of films involving Differently Abled Persons

The petitioner has contended that there is a distinction between making a comedy of a situation (which is permissible) and making a comedy of a condition of disability.

Case Briefs

Live Blog | 11th National Law University Odisha – Bose & Mitra & Co. International Maritime Arbitration Moot 2024

The National Law University Odisha is pleased to welcome you to the live blogging of the Oral Rounds of 11th Bose &

Case Briefs High Courts

Proclamation u/s 82 CrPC to be issued after due satisfaction of Court that person is deliberately avoiding proceedings: Allahabad High Court

“Investigating Agency seeks proclamation order from the court concerned so as to exert the pressure upon the person concerned and the court concerned without taking care of specific procedure issues proclamation under Sections 82/83 CrPC in a cursory and mechanical manner.”

Case Briefs High Courts

Delhi High Court upholds maternity benefits of a contractual employee; Imposes costs on Delhi State Consumer Forum

Delhi High Court expressed surprise at GNCTD filing an appeal challenging the provision of benefits under the Maternity Benefit Act to a dedicated young woman who served in the Delhi State Consumer Forum for over five years on contractual basis considering their efforts to promote women’s interests, such as the Mukhyamantri Mahila Samman Yojna promising a monthly sum of Rs. 1,000 to adult women in Delhi, excluding tax-payers, government employees, or pensioners.

Case Briefs High Courts

Madras HC reads down TNDALU Ph.D Regulation mandating 2-year LLM for admission to Ph.D Programme

“Two-year LLM is not a higher qualification than the one-year LLM as both get the same degrees. Prescribing higher standards would be in ‘addition to’ and not in ‘derogation to’. It can be supplementing and not supplanting”

Case Briefs High Courts

Delhi High Court: Complaint by Delhi Pollution Control Committee not authorized under Section 19 of Environmental Protection Act

As per notification No. S.O. 624(E) dated 03.09.1996, the Central Government authorized the Chairman and Member Secretary of the Delhi Pollution Control Committee (DPCC) to file complaints under Section 19 of the Environment (Protection) Act, 1986. However, the notification did not grant the authority for further delegation of power by the Chairman and Member Secretary to file such complaints.

Case Briefs High Courts

Delhi High Court upholds Dolma Aunty Momos trademark; Cancels infringing trademark registration

The ruling sets a precedent for protecting established brands and upholding the integrity of trademark registration processes. The cancellation of the infringing trademark serves as a deterrent to potential trademark violators, emphasizing the importance of respecting intellectual property rights in commercial activities.

Case Briefs High Courts

‘Water bodies belong to society, but have been corporatised’: Madras HC issues directions to State discouraging encroachment of water bodies for construction

“Water bodies belong to the society. Their ownership may technically rest in local bodies/departments/government. But they are a gift of nature and have to be available not only for human beings but also animals and birds.”

Case Briefs High Courts

[Betting/ Spot Fixing Scandal] Know why Karnataka HC refused to quash defamation proceedings instituted against Asianet News by Divya Spandana

The High Court pointed out that Asianet News failed to support their claim that their alleged defamatory programme ‘Betting Raniyaru’ was covered under Fourth Exception to S. 499, Penal Code, 1860.

Case Briefs District Court

Tis Hazari Court denies interim maintenance to wife who was found capable of maintaining herself

“With regard to the maintenance of the child, this court is of the view that in the presence of biological father of the child, the stepfather cannot be asked to maintain the child.”

Case Briefs Supreme Court

Supreme Court asks Ajit Pawar faction not to use Sharad Pawar’s name and photo in campaigning material

Supreme Court asked Ajit Pawar to file an undertaking by 18-03-2024 and the matter will next be heard on 19-03-2024.

Case Briefs High Courts

Calcutta High Court affirms Larica Inn’s rights to purchased building’s roof-top based on conveyance deed and mutation

Calcutta High Court deemed KMC’s approval of the additional building plan without considering Larica Inn’s rights as erroneous.

Case Briefs High Courts

[RALEIGH v. RALLEYZ] Delhi High Court grants interim injunction to Swiss Bike Vertriebs for mark ‘RALEIGH’ in relation to bicycles

“Defendant’s mark ‘RALLEYZ’ is constituted in such a manner so as to phonetically sit remarkably close, if not together, and squeezed with, plaintiffs’ mark ‘RALEIGH’. It is clearly in the core zone of deceptive similarity, likely to cause confusion and likely to have an association with plaintiff’s mark.”

Case Briefs Supreme Court

Know why Supreme Court overturned Punjab and Haryana HC decision in IAS Ashok Khemka’s PAR case

Supreme Court found that the Accepting Authority (Haryana CM) had met the timelines prescribed under Rule 5(1) of the PAR Rules.

Case Briefs Supreme Court

Celebratory firing during marriage ceremonies has disastrous consequences; SC alters conviction u/s 302 to S. 304 Part II IPC

The convict opened fire in a marriage ceremony without taking reasonable measures for safety, which led to the unfortunate demise of the deceased.

Case Briefs High Courts

‘No coercive action to be taken’; Delhi HC directs DDA to stay demolition of Pakistani Hindu Refugee Camp at Majnu Ka Tilla

“A public notice dated 4-3-2024 is pasted in the area asking the residents of the Pakistani Hindu Refugee Camp to vacate the place by 6-3-2024, failing which Delhi Development Authority will demolish their Camp.”

Case Briefs High Courts

‘Person having a spouse alive cannot live in illicit and live-in-relationship in contravention of law’: Allahabad HC refuses to grant police protection

Allahabad High Court clarified that it is not against live-in relationships, but against illegal relations

Case Briefs High Courts

‘Arbitrary withholding of refund claims for specific periods, despite precedents, is contrary to principles of fairness and equity’: Allahabad HC grants relief to Samsung

“Taxation serves as the cornerstone of governmental revenue, facilitating the provision of public services and infrastructure. Essential to this system is consistency, ensuring that similar factual and legal circumstances are met with uniform treatment.”