Case Briefs Archives

“Occurring in nature” in S. 3(c) only qualifies the nearest reasonable referent “non-living substance”: Madras HC directs patent protection for antibody invention

“The real challenge with a patent application in respect of a synthesized non-living substance is establishing novelty, technical advance and not patent eligibility”

Case Briefs High Courts

Forcing wife to do household chores when her health does not permit, amounts to cruelty: Delhi High Court

The allegations which assassinate the character of the spouse amounts to the highest level of cruelty, which no doubt shall shake the foundation of their marriage.

Case Briefs High Courts

Unpacking Bombay High Court’s 867-Page Verdict in 2006 Mumbai Fake Encounter Case

Bombay High Court reversed acquittal of ex-cop Pradeep Sharma; upheld conviction of other police personnel involved in 2006 fake encounter case.

Case Briefs High Courts

Courts must scrutinize 498 A complaints to discern between clever drafting and truth; Delhi High Court quashes complaint

Where the wife is set to implicate the entire family of the husband in a criminal case, it is to be expected that through her lawyer she would get a complaint properly drafted making some specific allegations against each of the family members.

Case Briefs High Courts

Gauhati High Court adopts Practice Directions for proceedings filed under POCSO Act

On 15-03-2024, the Chief Justice issued a Notification regarding adoption of Practice Directions for Criminal Appeals/Revisions or Criminal Petitions filed under the POCSO Act in Gauhati High Court and the Outlying Benches.

Case Briefs High Courts

Read why Allahabad HC granted bail to Siddique Kappan’s co-accused Masood in UAPA Case

Allahabad High Court noted that Masood has been languishing in jail since 05-10-2020. Further, it said that there is not even a prima facie case, establishing the complicity of Masood and the nature and gravity of charges and the absence of criminal history on his part require his release on bail.

Case Briefs Supreme Court

Supreme Court stays Orissa HC order setting aside Congress leader Mohammed Moquim’s election as MLA

Supreme Court has stayed the impugned judgment subject to the condition that Mohammed Moquim will not be entitled to cast vote in the assembly proceedings.

Case Briefs High Courts

Delhi High Court allows Ukrainian woman to take her minor son back home who was brought to India by her former husband

“We do not think that it would be in the best interest of the minor child, who is currently five years old, to be separated from his mother and his elder sister, who are living in Vinnytsia, Ukraine.”

Case Briefs High Courts

Delhi High Court mandates expedited relief in abuse and eviction dispute under Senior Citizen Act

The very word senior citizens should not refer to only the age beyond 60 years but should invite everyone’s attention to the literal meaning of “senior” also, which as per Oxford dictionary refers to the word “senior” as “equivalent to having a high or higher position in a company, organization, etc. and thus, in the society qua the younger generation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Filing of ‘Certified Copy’ not an empty ritualistic formality: NCLAT

NCLAT upheld appellant’s classification as a Financial Institution and it’s liability to pay Liquidation Costs.

Case Briefs High Courts

Elections to Executive Committees of all Bar Associations to be held on one day, for a uniform period of two years: Delhi High Court

No member of any Bar Association or body, such as the Bar Council of Delhi or Bar Council of India will contest or hold post simultaneously in two different Bar Associations/bodies.

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Flipkart to pay compensation of Rs 13,000 for adopting unfair trade practice and cancelling an iPhone order

The District Consumer Court found Flipkart to be guilty of deficiency in service and of adopting unfair and restrictive trade practice.

Case Briefs High Courts

Allahabad HC declines to quash criminal proceedings against 3 men accused of raising slogans against India, and abusing persons in a Temple

Allahabad High Court said that, while deciding an application under Section 482 CrPC, it can only examine whether the case for trial of the accused person is made out on the basis of prosecution allegations and the material collected in support thereof.

Case Briefs High Courts

‘Ensure that transparent attempts to abuse legal process are nipped in the bud’; Delhi HC imposes Rs 1 lakh cost on advocate for resuscitating same plea for third time

When the legal process is abused by the members of the legal fraternity, who are supposed to be its protectors and preservers, the Court must take an extremely stern view of the matter.

Case Briefs High Courts

Bombay High Court clarifies provisions of Arbitration Act to be above Institutional Arbitration Rules; directs MCIA to appoint an independent arbitrator

Bombay High Court directed MCIA to substitute the arbitrator and appoint an independent arbitrator to continue with the arbitral proceedings.

Case Briefs High Courts

Commercial Courts Act expressly takes away any substantive or procedural right of appeal; Calcutta High Court dismisses appeal

Calcutta High Court relied on Section 13 of the Commercial Courts Act, 2015, which explicitly limits the right of appeal to judgments, decrees, and orders specified therein.

Case Briefs High Courts

Issue of non-signatory guarantor to be impleaded as party to arbitration is for arbitral tribunal to decide: Delhi High Court

“Prima facie, Respondents 3-5 are a veritable party to the loan agreement as they are connected with the loan documents and form part of the loan transaction.”

Case Briefs High Courts

[Custody Battle] Madras HC modifies order granting visitation rights to grandparents, by restricting it to once every month

Madras High Court pointed out that at this juncture that the minor child had been under the grandparents’ care since birth, which was disturbed due to the strained relationship between the parties.

Case Briefs High Courts

Delhi High Court orders removal of mark ‘BE THE BEER’ from the register in a plea by ‘The Beer Café’

Respondents are operating in the same industry of food and beverages and running cafes, and simply prefixing the word ‘BE’ is obviously causing deceptive similarity with petitioner’s registered mark having a prior user.

Case Briefs Supreme Court

College Romance Web Series | Supreme Court quashes obscenity case against The Viral Fever

The Delhi High Court had earlier directed registration of a First Information Report (‘FIR’) against the makers of TVF web series ‘College Romance’.