Case Briefs Archives

Calcutta High Court sets aside nomination of Waqf Board member under Section 14(1)(d) of Waqf Act, 1995; calls for fresh appointment

Calcutta High Court allowed the writ petition, emphasising the importance of following legal provisions in appointments to public offices and maintaining the integrity of the Waqf Board.

Case Briefs High Courts

Calcutta High Court dismisses Revisional Application on claim of collusion and fraud; Case to proceed for Trial

The Calcutta High Court clarified that rejection of the plaint is not warranted based on allegations of collusion or lack of cause of action, which are factual issues to be determined during the trial.

Case Briefs Foreign Courts

US Court of Appeal upholds ban on sale of Apple watch over patent dispute on blood oxygen level measuring technology

Masimo Corporation and Cercacor Laboratories, Inc., a medical technology company alleged the iPhone giant Apple Inc. of violating Section 337 of the Tariff Act, 1930.

Case Briefs High Courts

Delhi High Court quashes charges under Prevention of Money Laundering Act against doctor accused of being involved in illegal kidney transplantation racket

“It was also alleged that illegal kidney transplantation was the only occupation of the petitioner, and his entire earnings were from this source only.”

Case Briefs High Courts

Calcutta High Court allows live telecast and puja ceremony of Shri Ram Mandir inauguration at Kolkata’s Deshpran Sasmal Park

The Calcutta High Court restricted the number of participants to 60 and directed the police authorities to provide necessary assistance if required.

Case Briefs High Courts

Snatching away a job offends pith and substance of fundamental right to life: Karnataka HC

“In a society like ours, job more often than not, happens to be predominant source of livelihood and therefore snatching away a job, virtually amounts to taking away the means of livelihood of the employee.”

Case Briefs High Courts

Delhi High Court restrains Gujarat-based AAJ TAK WATCH NEWS from using India Today Group’s popular mark AAJ TAK

The defendant was broadcasting on a YouTube Channel, as well as publishing a newspaper in the name of “AAJTAK WATCH”, through the State of Gujarat.

Case Briefs High Courts

Power to transfer ordinary suit to Commercial Court is not available to District and Sessions Judge u/s 24 of CPC: Delhi High Court

“Where the plaint is returned under Order VII Rule 10 of the Civil Procedure Code, 1908, on its presentation before the appropriate Court of jurisdiction, the suit will be treated as a fresh suit, and will have to start de novo, and all proceedings before the earlier Court will be rendered a nullity.”

Case Briefs High Courts

Calcutta High Court affirms Section 148A(d) IT Act order; directs active participation in re-assessment proceedings

Calcutta High Court observed that the assessing officer issued the impugned notice based on the high-value cash deposits during the demonetization period.

Case Briefs High Courts

Delhi High Court dismisses PIL against ‘Aankh Micholi’ movie being derogatory and discriminatory against persons with disabilities

“In films to address social evils, it is necessary to depict such social evils itself to bring out their consequences and the overall message of the movie and the core storyline is centered around overcoming disability.”

Case Briefs High Courts

Calcutta High Court directs formation of SIT amidst allegations of bias and ineffectiveness in Enforcement Directorate officials attack case

Calcutta High Court noted the registration of a counter FIR before an FIR about the attacks on Enforcement Directorate officials, casting doubt on police impartiality.

Case Briefs High Courts

Why Karnataka High Court rejected petition challenging imposition of quality control on plastic imports into India?

If the quality emerges right from the word go till the finished product under the ‘Make in India programme’, it is only then that the country would be able to compete with others.

Case Briefs High Courts

Appeal against claim petition filed prior to enforcement of Motor Vehicles (Amendment) Act, 2019 entertainable as per unamended provision: Allahabad HC

“An amending statute cannot be read in a manner to take away, alter, abrogate, impair or extinguish vested rights acquired under existing laws, or create a new obligation, impose a new duty or attach a new disability, in respect of transactions already past”

Case Briefs High Courts

‘Case of twin promise of marriage’; Delhi HC directs Sessions Court to frame rape charges against a man for allegedly making false promise of marriage to a woman

“The cases involving emotional situations where the parties of the story have taken decisions and acted upon them on the basis of peculiar circumstances of their lives, have to be adjudged and adjudicated according to their own peculiarity and situational dissection of facts.”

Case Briefs High Courts

‘Attempt to indulge in smart copying’; Delhi HC restrains Hermes Distillery from selling liquor under label ‘PEACE MAKER’ in suit by Allied Blenders and Distillers

“The differences showed that extraordinary effort has been put by defendant in identifying differences and the broad similarities are so obvious at the first look that the differences are nudged into oblivion.”

Case Briefs High Courts

Himachal Pradesh High Court quashes FIR registered against family accused of stalking through CCTV camera

“There is no proof that the CCTV Camera is directed towards the house of Respondent 2, and it is merely a suspicion. Further, there is no proof that the petitioners/accused had contacted Respondent 2 to foster a personal relationship.”

S. 17A of PC Act in Chandrababu Naidu's plea

Case Briefs Supreme Court

Point-wise Breakdown of Supreme Court’s split verdict on S. 17A of PC Act and its application in Chandrababu Naidu’s plea in Skill Development Scam

Section17A of the Prevention of Corruption Act, 1988, introduced with effect from 26-07-2018, bars any enquiry or inquiry or investigation by a police officer into any allegations against public servant, without the prior approval of the authority concerned.

Case Briefs High Courts

Calcutta High Court upholds CBMWTF’s administrative decision of reallocation of Bio-Medical Waste Management Facilities in West Bengal

The Calcutta High Court held that the impugned order is not a violation of specific legal rights or an arbitrary decision.

Case Briefs High Courts

‘Mark’s removal for non-use requires clear, unequivocal evidence of abandonment’; Delhi High Court dismisses application for removal of mark ‘BAOJI’

“Section 47 of Trade Marks Act, 1999 serves to protect the integrity of the trade mark register by ensuring that registered marks that are not actively used in commerce are removed.”

Case Briefs High Courts

Delay in issuance of advertisement will not create any right/legitimate expectation to seek relaxation in upper age limit for an examination: Patna HC reiterates

“It is a policy decision and the criteria prescribed by the advertisement, whether it is relating to age and/or the essential qualification, cannot be interfered with.”