Case Briefs Archives

Right to sleep is a basic human right and non-providing of the same may impair a person’s mental faculties, cognitive skills; Bombay HC directs ED to issue circular against recording statement at night

Recording statements at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual.

Case Briefs Supreme Court

Supreme Court invokes power under Article 142 of the Constitution to grant mutual consent divorce

Supreme Court directed the parties to withdraw all the cases pending between them.

Case Briefs District Court

[Bumble Rape Case] Delhi Court sets aside order taking cognizance for want of relevant sections; Remands matter for fresh detailed order

The FIR found its basis in the allegations that on the pretext of marrying the complainant, the accused person committed rape with her and threatened to kill her.

Case Briefs High Courts

Delhi HC directs removal of defamatory X posts/tweets against Senior Advocate Gaurav Bhatia; videos in public domain to be made private

The press and the Media had a duty to report the incident for the benefit of the public, but there is also a corresponding duty to remain truthful to the incident. The deepfake videos showing plaintiff being beaten up are nothing but an over-sensationalisation and depiction of facts which are patently false.

Case Briefs Supreme Court

Inside Supreme Court verdict on easementary rights and powers of Appellate Court

“The easementary right is essentially a right claimed by the owner of land upon another land owned by someone else so that he may enjoy his property in the most beneficial manner.”

Case Briefs High Courts

Kerala HC directs Union to immediately address violations of broadcasting advisories in telecasting Malayalam Bigg Boss Season 6

Kerala High Court also directed Union to instruct Mohanlal, Endemol Shine India, Asianet and Disney Star to desist from telecasting such show in the electronic media.

Case Briefs High Courts

Kerala HC directs State to formulate guidelines in tune with Kerala Education Rules about the importance of playground in schools

“A playground in a school is a part and parcel of the school. Without a playground, there cannot be a school. The education of the children is not in the classroom alone; it should spread to the playground as well. Playgrounds are the ultimate classroom where children learn through play. The playground is where the children can themselves shine mentally and physically”

Case Briefs High Courts

Delhi High Court dismisses plea challenging dissolution of Maulana Azad Education Foundation

It cannot be said that the interest of the minority communities in their educational and welfare development is being hampered in any manner on account of the dissolution of the Maulana Azad Education Foundation.

Case Briefs High Courts

Delhi High Court refers dispute to Arbitration after finding service by email and WhatsApp sufficient

“The notice invoking arbitration sent to the same address was reported to have been delivered, but in the Speed Post report, by which the petition was sent to the address, it is stated that no such person is available at the address.”

Case Briefs High Courts

Inside Madras HC verdict declaring CBDT Circular giving differential treatment to new trust having provisional approval u/s. 80G as unconstitutional

Madras High Court said that irrespective of whether petitioner trust have or do not have any vested right to claim the extension, the classification done by CBDT through the Circular have no reasoning for leaving out the regular registration of newly provisionally registered trust under Section 80G of the Act in respect of new trusts.

Case Briefs High Courts

Assessing Officer to record dissatisfaction with correctness of claim of Assessee in respect of expenditure with cogent reasons: Bombay HC

Bombay High Court dismissed an appeal of Income Tax Commissioner to disallow expenditure amounting to 94 Crore u/s 14A of the Income Tax Act, 1961.

Case Briefs Foreign Courts

Singapore HC upholds Final Award in arbitral proceedings over sale and purchase of lab-grown gemstone jewellery company shares

The Court noted that, “To attract curial intervention, it must be established that the breach of the rules of natural justice must, at the very least, have actually altered the final outcome of the arbitral proceedings in some meaningful way”.

Case Briefs High Courts

Right to be identified by one’s name is fundamental to one’s identity as an individual: Delhi High Court

The Delhi High Court said that it cannot be hyper technical in such matters and start rejecting the prayer for correction of name merely because of a slight difference in spelling between “Shrivastav” and “Shrivastava”, and “Surendar” and “Surendra”.

Case Briefs High Courts

‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC

“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”

Case Briefs High Courts

Delhi HC disposes of petition seeking directions to ensure personal data collected by foreign travel companies is kept confidential; grants liberty to approach UOI

Petitioner submitted that at least three major foreign travel companies, which are running their operations in India, are partially or fully owned by foreign investors, leading to concerns regarding potential misuse of citizens’ data.

Case Briefs High Courts

‘Treat plea as representation to include Ayurveda in Ayushman Bharat Scheme’; Delhi High Court directs Ministry of Ayush

The Ministry of Ayush in coordination with Ministry of Health and Family Welfare is already taking steps to include Indian Health Care System.

Case Briefs High Courts

Confiscation of goods cannot be done on estimates when option of physical verification is available; Allahabad High Court quashes order of confiscating stock and imposing penalty

“The burden of proof for confiscation of goods is on the Department and the procedure cannot be done merely on estimates when a physical verification can be carried out.”

Case Briefs High Courts

‘Fair and Handsome’ v. ‘Glow and Handsome’; Calcutta HC rules in favour of Emami in Passing Off Dispute Against Hindustan Unilever

Unfair advantage through conscious adoption of a competitor’s mark leads to potential confusion and deception”

Case Briefs High Courts

Delhi High Court restrains food outlets from using marks similar to “Domino’s”; directs Zomato, Swiggy to de-list them

The similarity extends to the use of these marks for identical goods and services, specifically, pizzas and their online delivery, highlights a systematic effort by Defendants 1 to 8 to mislead the public into believing that there is an affiliation or origin connection with plaintiffs.

chargesheet without FSL report entitle accused to] default bail

Case Briefs Supreme Court

Whether chargesheet filed without FSL report amounts to incomplete chargesheet and entitles accused to default bail? SC refers to larger bench

The matter has been placed before the Chief Justice of India for considering tagging it with Directorate of Enforcement v. Manpreet Singh Talwar [SLP(Crl.) No.5724 of 2023], wherein similar question is still pending before a three-Judge Bench of the Court.