Case Briefs Archives

Delhi High Court restrains franchisor to sell poor quality food items under the name of BURGER SINGH after termination of Franchise Agreement

Termination of Franchise Agreement will revoke respondent authorization to operate the franchise outlet, as well as obligating the respondent to cease the use of petitioner’s trademark.

Case Briefs High Courts

[FMGE] Delhi High Court refuses provisional registration as medical practitioner due to criminal case pending for impersonation

The Petitioner is accused of a very serious offence of impersonation. It is the allegation that somebody else appeared on his behalf to take Foreign Medical Graduate Exam (FMGE).

Case Briefs High Courts

Lists of gifts exchanged during marriage should be maintained to avoid allegations of dowry: Allahabad High Court issues directions

Allahabad High Court directed the Chief Secretary of UP to confirm whether Dowry Prohibition Officers had been appointed as required by law, in the absence of which the State Government was directed to justify such non-compliance

Case Briefs High Courts

Insurance Company not liable if owner fails to produce evidence showing verification of driver’s skills before employment: MP High Court

Madhya Pradesh High Court noted that the Motor Vehicle Tribunal applied the principle of pay and recover based on the driver of the offending vehicle not having a valid and effective driving license at the time of the accident.

Case Briefs High Courts

Delhi High Court grants interim injunction in favour of Bulgari S.P.A for its design infringement of Serpenti Necklace by Amaris Flagship

The Court was prima facie satisfied that Amaris Flagship’s impugned “Shield-It Necklace” is visually and structurally similar, with similar colour combinations and placement of elements/ ornamentation, to Bulgari S.P.A.’s “Serpenti Ocean Treasure Necklace”.

Case Briefs High Courts

Andhra Pradesh High Court directs ECI to consider whether pregnant women shall be permitted to cast their vote through postal ballot

Election Commission of India (‘ECI’) submitted that the elections have already been notified and are in progress and therefore, the issue that has been raised by the petitioner in the present petition could be considered for the elections whenever they are conducted in future.

Case Briefs High Courts

MP High Court permits termination of minor rape survivor’s pregnancy despite exceeding 24 weeks gestation

Madhya Pradesh High Court asserted that “permitting for carrying out the pregnancy of a woman who is not in a position to manage herself will be creating great problems to her in future life.”

Case Briefs High Courts

[Baba Tarsem Singh Murder Case] Uttaranchal HC dismisses Former IAS Officer Harbans Singh Chugh’s plea to quash FIR

FIR is not an encyclopedia which must disclose all facts and details relating to the offence reported and mere information is sufficient for investigation.

Case Briefs High Courts

Delhi High Court issues show cause to advocate for writing derogatory comments in chat box during virtual hearing

The petitioner, a practicing advocate, who was expected to maintain decorum placed comments in the chat box during the proceedings via video conferencing against the sitting judge and the proceedings being taken up by the Court.

Case Briefs High Courts

Madras HC directs police to provide security for organization of dance and music events during temple festivals

Madras High Court said that the election process has concluded, and the polling has already taken place. Thus, it asserts that such grounds cannot be deemed acceptable for not permitting the temple festival.

Case Briefs High Courts

Jharkhand HC directs Central Coalfields Limited to constitute Medical Board to determine age of man seeking compassionate appointment on his father’s death

The exclusion of one class of legitimate children from seeking compassionate appointment merely on the ground that the mother of the applicant was a plural wife of the deceased employee would fail to meet the test of a reasonable nexus with the objective sought to be achieved.

Case Briefs High Courts

Madras HC directs ASI and Archaeological Department to conduct survey of toilet and cafeteria constructed within protected area of 1000 years old Shiva Temple

“Arulmigu Gangaikonda Cholisvarar temple is a protected monument under the Archaeological Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 1958.”

Case Briefs High Courts

Delhi High Court restrains Hindustan Unilever Limited from comparing ‘Ponds’ with ‘Nivea’, holds comparison to be misleading

The Delhi High Court opined that the law related to advertisements in any form — print, digital, or TVC will also extend to ‘in-mall’ marketing campaigns since it is a method of promotion and marketing of company’s product to a consumer.

Case Briefs High Courts

Can the Court order disclosure of identity information of an Aadhaar cardholder? Delhi High Court answers

“Considering the facts of the present petition, this Court is of the considered opinion that interest of justice would be served if the information as sought by the petitioner is provided”

Case Briefs High Courts

Delhi HC directs Chief Secretary to implement Committee recommendations to cure defects in current medical system to avail financial assistance

“To ensure the implementation of the said recommendations, this Court directs the Chief Secretary, GNCTD to convene monthly meetings till all the recommendations get implemented and action taken report shall be filed by the Chief Secretary, GNCTD on or before 15-10-2024.”

Case Briefs High Courts

State Bar Council’s refusal to grant separate recognition to High Court Advocates Bar Association not arbitrary: MP High Court

Madhya Pradesh High Court held that there was no justification for granting separate recognition to the petitioner association when the welfare schemes for advocates were already being administered through recognized bar associations.

Case Briefs High Courts

‘Cattle in dairies next to landfills feed on hazardous waste; their milk would have serious consequences on humans consuming’; Delhi HC issues directions for relocation of dairies

“The magnitude of the problem is humongous, which has been compounded by the abject failure of the concerned authorities and the respondents to take timely action, despite repeated directions of this Court.”

Case Briefs High Courts

‘Will be a national loss’; Bombay HC refuses to withdraw qualification obtained by MBBS student on false OBC Certificate

If the medical profession is based on a foundation of false information, then certainly it would be a blot on the noble profession. Therefore, the foundation of any student should not be built based on false information and suppression of the facts.

Case Briefs Supreme Court

[SCBA Elections] Supreme Court allows Election Committee to count votes on 16-05-2024 instead of 18-05-2024 as directed in previous order

SCBA has issued a circular dated 14-05-2024, stating that that the counting of votes will commence after closing of polling at 5 PM on 16-05-2024 and will continue till 12 AM on the same day.

Case Briefs High Courts

Arbitration award cannot be set aside on erroneous application of law unless it is patently illegal: Allahabad High Court reiterates

“The award is not required to be set aside until and unless it is vitiated by “patent illegality” appearing on the face of the record with a caveat that the award should not be set aside merely on the ground of erroneous application of law or by appreciation of evidence.”