Case Briefs Archives

Calcutta High Court condones 1452 days delay in filing appeal against acquittal; criticises CBI’s approach

Calcutta High Court acknowledged that due to the nationwide lockdown imposed by the Central Government arising out of COVID pandemic situation in the Country, followed by strict minimum attendance schedule followed in all the government offices, the movement of official work got inadvertently delayed.

Case Briefs High Courts

Calcutta High Court rejects appeal on compliance of Section 64VB of Insurance Act; directs dispersal of insurance claim

“Waiver is the abandonment of a right which normally every body is at liberty to waive. It is an intentional relinquishment of known right or advantage, benefit, claim or privilege which except for such waiver the party would have enjoyed.”

Case Briefs High Courts

‘Deliberate practice of trade mark squatting’; Delhi High Court grants permanent injunction to Volans Uptown LLC for its mark ‘Botanic Hearth’

“Registration of identical trade mark, specifically targeting the same class of goods raises a significant concern for potential confusion and deception among the public.”

Case Briefs Supreme Court

SC directs Registry to stop referring to Trial Courts as Lower Courts

Record of the Trial Court should be referred to as the ‘Trial Court Record’ and not ‘Lower Court Record’.

Case Briefs High Courts

‘Right to health, heritage and culture must be harmonised and balanced’; Delhi High Court in a petition seeking to desist from demolishing religious structures

“The petitioner submitted that Dargahs and surrounding monuments ought to be protected as they are of historical, artistic and archaeological interest. Further, the sites in question have been noted in authoritative studies, thus eliminating any question of encroachments.”

Case Briefs High Courts

Unresolved factual ‘Factual disputes should be resolved during trial’; Calcutta High Court dismisses interlocutory application and Review motion

Calcutta High Court emphasised the need for caution in granting relief at the interlocutory stage, particularly when it resembles final relief.

Case Briefs High Courts

Date of e-filing final report, not the date on which hard copy is brought before Court, to be taken as date of filing: Madras HC

“In this digital era, it is too late in the day to claim that the e-filing of the final report cannot be construed as the date of filing and it is only the physical availability of papers that should be construed as the actual date of filing.”

Case Briefs High Courts

Fundamental right to travel abroad cannot be curtailed only because of default in loan payment: Delhi High Court

“Office Memorandum issued by Ministry of Home Affairs permits Banks to issue a request for opening a Look Out Circular, in exceptional cases, even if they are not covered by its guidelines, even in such cases, the same can be issued only if departure of such person is detrimental to sovereignty/security of India.”

Case Briefs High Courts

Madras HC sets aside ED’s attachment order for not being in accordance with law, making consequential actions unsustainable

Madras High Court noted that even in the counter, ED have not explained how the provisional attachment can be sustained on merits, in view of the sale in favour of the petitioners

Case Briefs High Courts

State first-responder to grievance put forth by citizens; ought to pass appropriate speaking orders addressing aggrieved employee’s concerns: Raj HC

“Rendering the representations preferred by the aggrieved employees mute, by way of non-consideration by the State, is reflective of conduct unbecoming of government servants who are tasked with the noble responsibility to serve the citizens.”

MoEFCC’s permitting ex post facto environmental clearance

Case Briefs Supreme Court

Supreme Court clarifies stay on MoEFCC’s office memoranda permitting ex post facto environmental clearance

“The order dated 02-01-2024 will not come in the way of competent authorities considering proposals for modifications/alterations in the environmental clearance if the area of the projects had a valid environmental clearance prior to 07-07-2021.”

Case Briefs High Courts

Product-by-process claims must be examined on the anvil of a new and unobvious product: Delhi High Court

“There is an imperative necessity to balance the inventor’s interest and secure public interest and thus ensure that the claim does not travel beyond the invention itself.”

Case Briefs High Courts

Former Military Nurse an ex-serviceman under Punjab Recruitment of Ex-Servicemen Rules: Punjab and Haryana HC

The Court noted that the conditions for eligibility and benefits regarding reservations were the employer’s prerogative, which was not the Central Government in the instant matter but the Government of Punjab.

Case Briefs High Courts

Delhi High Court directs IBA to ensure that banks follow SOP regarding disclosing information to law enforcement agencies

“Srinivasarao, Senior Advisor, Indian Banks Association is sent notice to appear before the Court on the next date of hearing, i.e., 06-04-2024, so that the stand of all the Banks can be considered.”

Case Briefs Supreme Court

SC disapproves NGT’s frequent ex-parte orders; says ‘a beacon of environmental protection must balance between justice and due process’

“The Tribunal must tread carefully to avoid the oversight of propriety, the practice of ex-parte orders and the imposition of damages amounting to crores of rupees.”

Case Briefs High Courts

Wearing Jeans Before the Court | De-courting due to improper attire doesn’t infringe Advocate’s right to get an audience from Court: Gauhati HC

The High Court opined that it cannot venture into interpreting the scope of Gauhati High Court Rules and BCI Rules vis-à-vis dress code for advocates in the absence of necessary parties.

Case Briefs High Courts

Calcutta High Court interprets rules regarding enhancement of pay upon acquisition of higher qualifications

Calcutta High Court noted that while acquisition of higher qualifications does not guarantee a higher scale of pay, teachers can legitimately expect incentives for further education.

Case Briefs Supreme Court

No bar to examine discharged prosecution witness as defense witness: Supreme Court

Supreme Court permitted the appellant to examine the prosecution witness as defense witness and kept it open for the prosecution to cross-examine the said witness.

Case Briefs High Courts

Delhi HC refuses to mandate criminal courts to issue notice to complainant/victim at pre-trial stage, says ‘such direction likely to work against objective of expeditious trials’

“The petitioner’s suggestion that it should be made mandatory for the Criminal Court to issue a notice to the complainant/victim at every stage of the pre-trial and trial in criminal proceedings, if accepted would act as ‘a treatment worse than the disease’.”

Case Briefs Supreme Court

Supreme Court grants bail to 24-year-old boy imprisoned for more than 15 months in NDPS case

All other three similarly situated co-accused persons have been granted bail by the Rajasthan High Court.