Case Briefs Archives

Madras HC sets aside Controller’s order rejecting patent application of Microsoft Tech. claiming invention titled ‘Message Communication of Sensor and other Data’

Madras High Court said that the Controller is correct in stating that both the cited prior art and the claimed invention provide for the transmission of sensor data to a subscribing application, but the difference lies in how such data is transmitted.

Case Briefs High Courts

Correction of date of birth in service record cannot be made at the fag end of career: Bombay High Court reiterates

Bombay High Court clarified that “the expression ‘fag end of the career’, must be construed in light of the length of service being put in by an employee.”

Case Briefs High Courts

‘Victim Testimony delay not a ground in POCSO cases’; Delhi High Court denies bail in sexual assault and trafficking case

It is crucial to recognize that delays in the victim’s testimony before the learned trial court, often attributed to the intricate nature of trauma recovery, should not serve as grounds for the accused to seek bail.

Case Briefs High Courts

‘Disclose how setting up liquor vend can be permitted under mixed-use policy of MPD 2021’; Delhi HC stays opening of liquor vend in a plea by Resident Welfare Association

“By virtue of Para 15.6.2(e) of the Master Plan of Delhi, 2021 (‘MPD 2021’), the opening of a liquor shop in a residential premise under the mixed-use policy of the MPD 2021 is expressly prohibited.”

Case Briefs High Courts

Section 10(10-AA) of Income Tax Act 1961 differentiating tax on leave encashment between State and Central Government employees, not violative of Article 14: Patna High Court

“If there is equality and uniformity in each group, the law will not become discriminatory, though due to some fortuitous circumstance arising out of peculiar situation, some included in a class get an advantage over others so long as they are not singled out for special treatment.”

Case Briefs High Courts

Dismissal of married daughter’s candidacy for compassionate appointment is arbitrary and violative of Constitution: Orissa HC reiterates

The policy of the State Government which disqualifies a ‘married’ daughter and excludes her from consideration for compassionate appointment, apart from being arbitrary and discriminating, is a retrograde step.

Case Briefs High Courts

Telangana HC upholds validity of S.38(2) of RPA which provides for preferential treatment to candidates of political party over other independent candidates

“Section 38(2) of the Representation of the People Act, 1951, does not treat the equals as unequals, as the candidates belonging to recognized political parties, registered political parties and independent political parties stand on a different footing.”

Case Briefs High Courts

Delhi High Court dismisses Mahua Moitra’s defamation suit against MP Nishikant Dubey and Jai Dehadrai in Cash-for-Query Case

A defamation suit was filed by Mahua Moitra, a leader of the Trinamool Congress (TMC) against Bharatiya Janata Party (BJP) MP Nishikant Dubey and Advocate Jai Anant Dehadrai seeking to restrain them from making defamatory statements against her regarding accepting bribes in exchange for raising questions in Parliament and sharing her parliamentary account login credentials.

Case Briefs High Courts

[Investment Scam] Delhi HC directs removing of accounts impersonating Akshay Tanna, head at KKR Advisors, on social media to deceive public

“The unknown operators of the profiles and groups are not associated with Akshay Tanna or KKR Advisors India (P) Ltd. and have not been authorized in any manner to offer financial trading and investment related advice on their behalf.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT allows Vodafone’s claim of depreciation on goodwill acquired pursuant to slump sale acquisition of Call Centre Business from VEGL

ITAT noted that Parliament had taken due note that the Supreme Court had held that the goodwill arising on business reorganization i.e. amalgamation, slump sales, demerger etc. is a depreciable intangible asset under Section 32 of the Act.

Case Briefs High Courts

“Taking care of children is not taking care of mere existence”; Karnataka HC declares wife to be entitled to maintenance of Rs 36,000 per month instead of Rs 18,000

The High Court opined that taking care of children is shrouded by countless responsibilities and necessary expenditure from time to time and the husband cannot preposterously contend that the wife is lazing around and not earning money to take care of the children.

Case Briefs Supreme Court

Franchise or Distributorship | Section 194-H of IT Act not applicable to Telecom Companies: Supreme Court

Supreme Court clarified that the legal position of a distributor and agent was not similar, for a distributor is an independent contractor, not being a communicator between principal and the third party unlike an agent, free from control of his employer.

Case Briefs High Courts

Refusal to grant extension without valid reasons constitutes colorable exercise of power: Calcutta High Court

Calcutta High Court opined that an appeal is no substitute for revisiting of an ex parte order, especially when the defense of the petitioner is not on record.

Immunity for MPs and MLAs casting vote on bribe

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court strips MPs, MLAs of Immunity for Casting Votes after taking Bribes: Breakdown of the 7-Judge verdict

In P.V. Narasimha Rao v. State (CBI/SPE), (1998) 4 SCC 626, the 5-Jugdge Bench held that the MPs and MLAs enjoyed immunity if they cast vote in the House after taking bribe for it.

Case Briefs High Courts

YouTuber Dhruv Rathee proposes to blur Dabur’s Real Juice packet in Video; Calcutta HC agrees for exploring amicable settlement

Dhruv Rathee uploaded a video on his YouTube channel claiming that the consumption of packaged fruit juices leads to type II diabetes and that drinking packaged fruit juices leads to hair loss and is harmful if consumed.

Case Briefs High Courts

Calcutta High Court affirms rejection of Section 125 CrPC maintenance claim in absence of prima facie proof of marriage

The Calcutta High Court stated that the documents presented by the petitioner which mention her as wife are mere declarations, subject to proof, if challenged.

Case Briefs Supreme Court

Timelines in renewable energy sector ensure early supply of green energy and reduction of carbon footprint: SC directs SECI to recover bank guarantee

Supreme Court added that if the payment of Rs.10 crores along with interest as directed, is not refunded within six months from the date of this order, SECI will be entitled to recover Rs. 10 crores plus interest as per the provisions of the Electricity Act, 2003.

Case Briefs High Courts

Delhi High Court upholds GNCTD’s jurisdiction over UCMSB-Guru Teg Bahadur Hospital administration

Delhi High Court affirmed the Government of National Capital Territory of Delhi’s (GNCTD) authority over the administration of the UCMSB-GTB Hospital. The ruling solidifies the GNCTD’s jurisdiction in healthcare governance, setting a significant precedent for future administrative matters in the capital region.

Case Briefs High Courts

Delhi High Court rules eviction of son and daughter-in-Law; Directs son to pay Rs. 10,000 monthly maintenance under Senior Citizen Act

Rule 22(3)(1) of the Delhi Senior Citizens Rules outlines a procedure for eviction from a senior citizen’s property and sub-rule (iv) allows the authority to conduct summary proceedings and order eviction of a son, daughter, or legal heir for non-maintenance and ill-treatment.

Case Briefs Supreme Court

Inside Supreme Court’s decision on principles of Adverse Possession and Limitation in property disputes

“A person claiming adverse possession should show, as to on what date he got the possession; the nature of his possession; whether the factum of possession was known to the other party; how long his possession has continued; and that his possession was open and undisturbed.”