Case Briefs Archives

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.

Case Briefs High Courts

Does Section 125, CrPC envisage any claim of maintenance for daughter-in-law against her parents-in-law? Karnataka HC answers

The High Court answered the question in negative pointing out that Section 125, CrPC envisages that wives, parents and minor children can claim for maintenance.

Case Briefs High Courts

‘Open jail provides a congenial atmosphere’; Chhattisgarh HC registers suo motu PIL regarding feasibility of open jails in State

“When a criminal/offender is confined in jail, it is not only the person who had committed the crime suffers, but at times, when the said offender is also the sole bread earner of the family, the entire family suffers.”

Case Briefs Supreme Court

General or evasive denial not sufficient; Supreme Court advocates for para-wise reply to plaint

The Supreme Court was dealing with a matter pertaining to the genuineness of a registered Will executed by the testator in favour of his brother’s daughter without any mention of his widow or daughter.

Case Briefs High Courts

Is it necessary to mention in FIR any one or more offences described under S. 2(b) of UP Gangsters Act? Allahabad HC refers issue to Larger Bench

“Court must strive to so interpret the statute as to promote and advance the object and purpose of the enactment. For this purpose, where necessary the Court may even depart from the rule that plain words should be interpreted according to their plain meaning and there need no meek and mute submission to the plainness of the language.”

Case Briefs High Courts

‘Not a case of innocent adoption’; Delhi High Court rules in favour of Hero Investcorp for mark ‘HERO’ in relation to engine oil

“The findings of the reports of the Local Commissioners also clearly indicate that defendants are actively involved in the sale, distribution, and manufacturing of counterfeit HERO Oil, thereby infringing upon plaintiffs’ registered HERO marks.”

Case Briefs High Courts

Gujarat HC orders arrest of Chinese vessel against pilot’s claim for permanent injury due to collapse of gangway

The gangway collapsed and the marine pilot fell from the gangway onto the wharf, which resultantly crushed and severely fractured his left-hand wrist.

Case Briefs Supreme Court

True and voluntary dying declaration can be sole basis of conviction without any corroboration: SC

“Dying declaration can be the sole basis of the conviction if it inspires the full confidence of the Court and the deceased was in a fit state of mind at the time of making the statement and that it was not the result of tutoring, prompting or imagination.”

pre-arrest bail to Amanatullah Khan denied

Case Briefs High Courts

[Money Laundering] ‘Cooperating with Investigating Agency by public figure is public service’; Delhi HC denies pre-arrest bail to Amanatullah Khan, MLA from AAP

“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”

Case Briefs High Courts

Calcutta High Court refuses to nullify award and restore lease in lieu of compromise based on illegal and arbitrary act

“Just as an illegal contract cannot be enforced, similarly a compromise or settlement which is not in the interest of the Society cannot be used to nullify the order passed by the competent authority in compliance of the direction passed by the Court.”

Case Briefs High Courts

No form of mediation permissible in POCSO cases; Delhi High Court denies relief to father in POCSO case due to delay, child’s best interests

Delhi High Court issued a mandatory reminder, rather than a gentle reminder that it is essential to emphasise that in cases involving offences of serious nature, particularly those falling under the Protection of Children from Sexual Offences (POCSO) Act, no form of mediation is permissible.

Case Briefs High Courts

Calcutta High Court directs payment of interest on revised gratuity in spite delay as such relief doesn’t affect third parties’ right

Calcutta High Court stated that the petitioner justified the considerable delay in filing the writ petition by asserting that there is no statutory period of limitation, and neither party has suffered due to this delay.

Case Briefs High Courts

Mother and father are equally entitled to recognition as child’s parents; Delhi HC directs GGSIPU to include mother’s name in degrees/certificates

“It would be clearly retrogressive if educational certificates, degrees and other such documents reflect the name only of the father of a candidate, eliminating the name of the mother.”

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court dismisses SBI plea for extension of time to furnish information relating to Electoral Bonds; Directs disclosures by March 12

Supreme Court has directed Election Commission of India to compile the information and publish the details in its official website no later by 15-03-2024 by 5 PM.

Case Briefs Supreme Court

Supreme Court dismisses MakeMyTrip’s plea against Google in Keyword trade mark infringement case

“A risk of trade mark infringement occurs when a registered trade mark is used as a keyword by a third party to link its website to promote its goods and services, which creates confusion in the minds of the consumers about the source of the product.”

Case Briefs High Courts

Calcutta High Court grants permission to tender Affidavit-in-Chief due to ‘necessity’ and for ‘ends of justice’

Calcutta High Court directed that both the suits are to be heard together after such evidence on recall is completed and granted the respondent the right to cross-examine the petitioner.

Case Briefs High Courts

‘Right to use one’s name on one’s goods cannot be compromised’; Delhi HC denies injunction to Jindal Industries for mark ‘JINDAL’ against mark ‘RN JINDAL SS TUBES’

“The risk of having others bona fide using ‘JINDAL’ as a name for their products, and in the marks used on their products, is a risk that plaintiff consciously took, when it obtained registration of the mark ‘JINDAL’.”