Case Briefs Archives

‘No bonafide use of mark in relation to rice’; Delhi HC directs Registrar of Trade Marks to remove Chaman Lal Sachdeva’s mark ‘AL-WALIMAH’ due to non-use

“The investigation report, prima facie, reveals that the mark ‘AL-WALIMAH’ is never used by Respondent 1 and no rice product under the impugned mark is found in the market survey of relevant shops, nor did any shopkeeper expressed any knowledge in that regard.”

Case Briefs High Courts

Allahabad HC rejects Masjid Committee’s plea against order permitting Hindus to pray in Vyas ji tehkhana inside Gyanvapi Mosque

“Article 25 of the Constitution of India grants freedom of religion. The Vyas family who continued performance of religious worship and rituals in the cellar could not be denied access by oral order. A citizen right guaranteed under Article 25 cannot be taken away by arbitrary action of State”

Case Briefs High Courts

Punjab and Haryana HC ask Haryana Shehri Vikas Pradhikaran to assign reasons for cancelling auction of Gurugram plot

It was alleged that HSVP exercised unfettered powers and cancelled the auction of the plot without providing any reason or jurisdiction.

Case Briefs High Courts

Calcutta High Court directs State to modify MR Distributorship vacancy notification to ensure uniformity and transparency

Calcutta High Court refused to cancel the impugned Notification as the vacancy in question could not be filled up for more than 20 years due to one litigation after another.

Case Briefs High Courts

‘Compliance with Ss. 15-A(3), 15-A(5) of SC & ST Act mandatory’; Delhi HC sets aside bail order granted without hearing the victim

“It is mandatory for the Court to issue a reasonable notice of any Court proceedings, including any bail application filed by the accused, to the victim and the victim or the dependent of a victim has a right to be heard at any proceeding under the Scheduled Castes and the Scheduled Tribes Act (Prevention of Attrocities), 1989.”

Case Briefs High Courts

Chhattisgarh HC directs to conduct DNA profiling test of a doctor accused of rape u/s Section 376(2)(n) of IPC

“The petitioner, petitioner’s husband along with both the daughters are living together in love, care and harmony and pray that a direction be issued to the concerned authorities to conduct DNA profile test of Respondent 3 including the petitioner and her daughter.”

Case Briefs Supreme Court

Section 59 of Food Safety and Standards Act overrides Sections 272 and 273 of Penal Code: Supreme Court

Supreme Court in the instant matter explained that when offence under Sections 272 and 273 was made out, offence under Section 59 of FSSA would be attracted.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Explained |Ashneer Grover seeks waiver of conditions under Companies Act to pursue case against BharatPe; NCLT issues notice

The NCLT issued a notice and sought BharatPe’s response and fixed the next date of hearing on 04-04-2024.

frozen embryos cryogenic nursery children Alabama

Case Briefs Foreign Courts

Embryos kept in a cryogenic nursery are “children” as per Alabama’s Wrongful Death of a Minor Act: Supreme Court of Alabama

The Court held that Wrongful Death of a Minor Act provides a cause of action for the death of any “minor child,” without exception or limitation, which means it also includes frozen embryos.

Case Briefs High Courts

‘Returning Officer has power to alter election schedule’; Calcutta High Court directs to reschedule West Bengal Dental Council’s Election

Calcutta High Court emphasised on the importance of conducting the elections to avoid a “headless state of affairs” in the Council and to uphold the democratic process.

Case Briefs Supreme Court

Custodian for enemy property in India does not acquire ownership of property, only acts as trustee for management and administration: Supreme Court

Supreme Court directed that any demand for payment of taxes under the UP Municipal Corporation Adhiniyam, 1959 made and thereby paid by the respondent to Municipal Corporation shall not be refunded.

Case Briefs High Courts

Manipur High Court deletes its 2023 direction for considering inclusion of Meitei Community in Scheduled Tribe list

The Manipur High Court vide order dated 27-03-2023 directed the State to consider the inclusion of the Meitei Community in the Scheduled Tribe list, expeditiously, preferably within a period four weeks from the date of order.

Case Briefs High Courts

No recovery of excess payment from employee’s leave encashment benefit after retirement in case payment was made due to employer’s fault: Orissa HC

“The employer authority erred in deducting the excess payment made to the Government employee from his leave encashment benefits and thus, the action was not acceptable and the same was invalidated”.

Case Briefs Supreme Court

Can prospective resignation be withdrawn at any time before it becomes effective? Supreme Court answers

Supreme Court: In an appeal against the judgment passed by Bombay High Court, whereby the Court dismissed the appeal preferred by the

Case Briefs High Courts

Calcutta High Court directs addressal of petitioner’s grievance regarding Teacher-in-Charge’s misconduct and fund misappropriation

Calcutta High Court emphasised on the importance of considering representations submitted by individuals, especially in cases involving allegations against authority figures within educational institutions.

Case Briefs High Courts

Delhi HC issues notice in PIL challenging constitutional validity of provisions of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013

“By excluding persons engaged in cleaning of excreta with the help of protective gear from the definition of ‘manual scavengers’, has deprived them of the benefits pertaining to rehabilitation, scholarships, etc. for which they are equally eligible.”

Acquits man accused of killing 2.5-yr-old nephew

Case Briefs Supreme Court

Man accused of killing 2.5-yr-old nephew to walk free after 21 years as SC sets aside High Court’s decision reversing acquittal by Trial Court

“The High Court, in exercise of appellate powers, may reappreciate the entire evidence, however, reversal of an order of acquittal is not to be based on mere existence of a different view or a mere difference of opinion”.

Case Briefs High Courts

Delhi High Court | Student’s failure to upload Domicile Certificate does not bar Class XII CBSE Exam Appearance

Having applied to obtain the domicile certificate, ensuring that she received it before uploading her application for appearing in the Class XII examination was beyond her control. The law does not compel the performance of the impossible.

Case Briefs Supreme Court

‘NFSA and welfare Schemes already in force’; SC leaves open to States/UTs to explore alternative welfare scheme; refuses to direct setting up Community Kitchens

Directions were sought from the Supreme Court against the States to formulate scheme for community Kitchens to combat hunger, malnutrition and starvation and the deaths resulting thereof.

Case Briefs High Courts

Allahabad HC grants relief to Syed Wasim Rizvi for writing derogatory remarks against ‘adorable personalities’ of Sunni Sect in Ram Ki Janmabhoomi film

Syed Waseem Rizvi was former Uttar Pradesh Shia Central Waqf Board chairman has renounced Islam and converted to Hinduism. He has taken a new name, Jitendra Narayan Singh Tyagi after accepting Hinduism