Case Briefs Archives

Explained | Supreme Court Judgment on child custody to father when the child was averse even to see his mother

Supreme Court viewed that the child being aged 12 years and 9 months old, was in a position to take decisions.

Danish Parliament passes new legislation outlawing desecration of holy texts

The law was adopted in a 94-77 vote and will be enacted when Denmark’s figurehead monarch Queen Margrethe will formally sign the legislation.

Case Briefs High Courts

Delhi High Court grants injunction against Mankind Pharma Limited for infringing Hind Chemical’s ‘SU-MAG’ packaging

The plaintiff’s main product line includes an ointment meant for relief of boils and abrasions famously known as ‘SU-MAG’ and also manufactures ‘MAG-MAG’, ‘CREMOBAR’, ‘COFEX’, ‘GLYCERIN’, ‘SUPPOSITORY’ as well as other ayurvedic products namely ‘Livzon Syrup and Capsule’ and ‘Imminex Syrup and Capsule’.

Case Briefs High Courts

Calcutta High Court dismisses revision considering time lapse and availability of legal recourse under Section 144(5) CrPC

Section 144(5) of the CrPC empowers any Magistrate can rescind or alter an order made under this section.

Case Briefs High Courts

Delhi HC refuses to quash FIR against persons accused of kidnapping a child despite settlement between parties, says ‘such settlements raise ethical and legal concerns’

“One has to appreciate and imagine the trauma, stress, the agony of the child, who was only three years of age, that she would have gone through after being kidnapped by the kidnappers from the lawful guardianship of her parents.”

Case Briefs High Courts

[Trade mark infringement] Madras High Court directs Registrar to notify the mark ‘Royal Enfield’ in register of well-known marks

Madras High Court said that in respect of the motorcycle industry, the trade mark ‘Royal Enfield’ is well-known, not only in India, but also in abroad. Their annual reports also prove that their turnover runs into several hundreds of crores of rupees and they have carved a niche for themselves in the motorcycle industry.

Case Briefs High Courts

Filing of petition cannot be non est, if the defects raised were procedural and curable: Delhi High Court

“Even if the Registry declines registration, the Court has ample power to condone the delay in re-filing. This power has to be exercised liberally although cautiously to avoid delay by an unscrupulous litigant.”

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Limitation Period | NCDRC dismisses home buyers’ complaints due to delay

NCDRC also highlighted that the housing society which the complainants were members of was not arrayed as a party in the instant matter.

Case Briefs High Courts

Online frauds erode people’s trust in online transactions, discourage newcomers into entering digital realm; Delhi HC refuses to grant bail to a man accused of cyber-crime fraud

“Sensitised to the plight of unsuspecting individuals who fall victim to deceptive mobile applications, the Courts have the responsibility to address the grievances of those who, in their pursuit of technology, end up being defrauded of their hard-earned money.”

Case Briefs High Courts

Delhi High Court restrains Lt Governor from conducting Cyclothon and Walkathon in Eco-Sensitive Zone of Asola Bhatti Wildlife Sanctuary

Conducting of an event like this has all the trappings of it turning out to be a misadventure as the location of the animals are unknown, their area of movement is not isolated, the certainty regarding number and species are guesswork and there appears to be no plan in place.

Case Briefs High Courts

Vigilance Committee should be cautious while conducting enquiry for granting or cancelling community certificate; Madras HC remands matter for reasoned order

Madras High Court said that the grant of community certificate or cancellation of community certificate would have a larger repercussion and will affect the future generation of the family

District Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Why DCDRC found Cloud Nine Hospital to be guilty of severe deficiency in service while conducting a Code Pink Mock Drill for infant abduction?

DCDRC was of the view that the manner of conducting the mock drill by the hospital was not only a severe deficiency in service but also as an extreme type of unfair trade practice.

Case Briefs Supreme Court (Constitution/Larger Benches)

Article 370 Verdict | Supreme Court upholds abrogation of Special Status for Jammu and Kashmir

Among the three judgments, one was authored by Dr. DY Chandrachud, CJI on behalf of himself, BR Gavai and Surya Kant, JJ., while Justice Justice Kaul and Khanna, J. authored separate but concurring judgments.

Case Briefs High Courts

Delhi High Court grants permanent injunction to CNN News Channel for mark ‘CNN’ in relation to news services

“The aspect of likelihood of confusion has to be examined from the perspective of the consumer of average intelligence and imperfect recollection.”

Case Briefs High Courts

[Section 29A of IBC] Disqualification of promotors applying for resolution plan not applicable to MSMEs: Supreme Court

Supreme Court observed that the law laid in Digambar Anandrao Pingle (supra) by NCLAT was not correct, and that the date of submission of resolution plan has to be the cut off date.

Case Briefs High Courts

Punjab and Haryana High Court issues directions for Investigating Officers adding or deleting offences under UAPA Act in the FIR

“The mechanical and perfunctory manner of inclusion of offences under the UAPA Act, in the petition FIR, does ultimately cause deep trauma, upon the minds of the bail petitioners.”

Case Briefs Supreme Court

Supreme Court dismisses former ICICI CEO Chanda Kochhar’s plea for interim release of Retiral benefits

Earlier, the Bombay High Court had denied her plea for reinstatement of her Employee Stock Options.

Group of Companies Doctrine bind Non-Signatory

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court 5-Judge Bench Ruling on Group of Companies Doctrine: What You Need to Know

“Even though a subsidiary derives interests or benefits from a contract entered into by the company within a group, they would not be covered under the expression “claiming through or under” merely on the basis that it shares a legal or commercial relationship with the parties.”

Case Briefs High Courts

Constitutionality of Section 15(5) of the CGST Act and other provisions challenged; Bombay High Court issues notice

Bomby High Court issued notice to the Attorney General regarding challenge to the provisions of Section 15(5) of the CGST Act, 2017 being unconstitutional and violative of Articles 246A and 366(12) of the Constitution of India.

Case Briefs Supreme Court

In Re: Right to Privacy of Adolescent | SC frowns upon Calcutta HC’s advise to girls to control sexual urge; ‘Judges to avoid expression of Personal views’

“The Calcutta High Court advised adolescent girls to protect their dignity, privacy, self-worth and control their sexual urge.”