Case Briefs Archives

Supreme Court asks Ajit Pawar faction not to use Sharad Pawar’s name and photo in campaigning material

Supreme Court asked Ajit Pawar to file an undertaking by 18-03-2024 and the matter will next be heard on 19-03-2024.

Calcutta High Court affirms Larica Inn’s rights to purchased building’s roof-top based on conveyance deed and mutation

Calcutta High Court deemed KMC’s approval of the additional building plan without considering Larica Inn’s rights as erroneous.

Case Briefs High Courts

[RALEIGH v. RALLEYZ] Delhi High Court grants interim injunction to Swiss Bike Vertriebs for mark ‘RALEIGH’ in relation to bicycles

“Defendant’s mark ‘RALLEYZ’ is constituted in such a manner so as to phonetically sit remarkably close, if not together, and squeezed with, plaintiffs’ mark ‘RALEIGH’. It is clearly in the core zone of deceptive similarity, likely to cause confusion and likely to have an association with plaintiff’s mark.”

Case Briefs Supreme Court

Know why Supreme Court overturned Punjab and Haryana HC decision in IAS Ashok Khemka’s PAR case

Supreme Court found that the Accepting Authority (Haryana CM) had met the timelines prescribed under Rule 5(1) of the PAR Rules.

Case Briefs Supreme Court

Celebratory firing during marriage ceremonies has disastrous consequences; SC alters conviction u/s 302 to S. 304 Part II IPC

The convict opened fire in a marriage ceremony without taking reasonable measures for safety, which led to the unfortunate demise of the deceased.

Case Briefs High Courts

‘No coercive action to be taken’; Delhi HC directs DDA to stay demolition of Pakistani Hindu Refugee Camp at Majnu Ka Tilla

“A public notice dated 4-3-2024 is pasted in the area asking the residents of the Pakistani Hindu Refugee Camp to vacate the place by 6-3-2024, failing which Delhi Development Authority will demolish their Camp.”

Case Briefs High Courts

‘Person having a spouse alive cannot live in illicit and live-in-relationship in contravention of law’: Allahabad HC refuses to grant police protection

Allahabad High Court clarified that it is not against live-in relationships, but against illegal relations

Case Briefs High Courts

‘Arbitrary withholding of refund claims for specific periods, despite precedents, is contrary to principles of fairness and equity’: Allahabad HC grants relief to Samsung

“Taxation serves as the cornerstone of governmental revenue, facilitating the provision of public services and infrastructure. Essential to this system is consistency, ensuring that similar factual and legal circumstances are met with uniform treatment.”

Case Briefs Supreme Court

Abetment of Suicide | ‘Frustrated on account of work pressure’; SC quashes case under S. 306 IPC

“The deceased was frustrated on account of work pressure and was feeling the pressure of working in two different districts.”

Case Briefs High Courts

Married lady staying in the house of father’s friend of different religion, after being left by husband, does not amount to adultery: Patna High Court

“If this Court is persuaded to hold that staying in the house of an old man of different religion by a married lady amounted to adultery, then the entire social relation between man and man, man and women, is to be looked into only in terms of sexual relationship.”

Case Briefs High Courts

Procedure u/s 313 CrPC must be couched in a form which an ignorant or illiterate person can understand: Meghalaya HC

“Section 29 of the POSCO Act cannot be interpreted to say that just because a charge-sheet is filed, the onus shifts on the accused to prove his innocence against the accusation.”

Case Briefs High Courts

‘Adolescent love cannot be controlled by the Courts’; Andhra Pradesh High Court grants bail to POCSO accused

“In the case of lack of inducement or threat, the Court must be conscious of the fact that they are not dealing with criminals.”

Case Briefs High Courts

Use of “Dish” deemed non-infringing trademark; Delhi High Court rejects interim injunction against Prasar Bharti’s DD Free Dish

The word ‘DISH’ is a common English word which denotes Dish Antenna and cannot be described as a prominent or an essential feature of such nature so as to allow the plaintiff a monopoly over its use. The two products at dispute were “DD Free Dish” by Prasar Bharti (Doordarshan) and “Dish TV” by Dish TV India Limited.

Case Briefs District Court

[Rarest of rare case] Orissa Court awards death sentence to five for chopping hands, legs and committing spine-chilling murder

“The series of inhuman acts involved extreme brutality and exceptional depravity and the crime was committed in an extremely brutal, grotesque, diabolical, revolting and dastardly manner.”

Case Briefs Supreme Court

Supreme Court upholds Delhi HC Judgment granting 1 mark to judiciary aspirant due to changed answer in DJS-2023

The Petition candidate got 160.25 marks in the DJS preliminary examination however, last cut off was 160.75 marks.

Case Briefs High Courts

Merely writing the expression “Yes” cannot be considered a valid approval u/s 151 of Income Tax Act 1961: Delhi High Court

“The satisfaction arrived at by the prescribed authority under Section 151 of the Income Tax Act, 1961 (‘the Act’) must be clearly discernible from the expression used at the time of affixing its signature while according approval for reassessment under Section 148 of the Act.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT rules on Secured Creditor’s right to choose method of debt realisation

NCLAT stated that since the IBC overrides the SARFAESI Act, the Liquidator ought not to prefer a petition, based on the SARFAESI Act, and therefore Liquidator’s decision to classify the appellant as an unsecured financial creditor was illegal and invalid.

Case Briefs Supreme Court

Supreme Court suspends sentence of murder convict in custody for past 14 years

The convict was charged with offence under Sections 147, 148, 302 read with Section 149 of the Penal Code, 1860.

Case Briefs Supreme Court

‘Ghee’ is a livestock product and can be regulated under AP (Agricultural Produce and Livestock) Markets Act: SC upholds Andhra Pradesh HC Judgment

Supreme Court said that the argument that “ghee” is not a product of livestock is baseless and bereft of any logic, as Cows and buffalos are the livestock. Thus, “ghee” is a product of milk, which is a product of the livestock.

Case Briefs High Courts

Delhi High Court refuses divorce to husband on displaying constant reluctance towards reconciliation

Unfortunate are the matrimonial disputes where the fountain head of friction inter se the spouses is mere lack of adjustment, understanding and the will to stay together. These factors are the wheels of the chariot of a workable marriage and if either spouse becomes averse to move together and chooses to abandon the relationship, then extensive reconciliatory efforts by one spouse, would also not yield any results.