Case Briefs Archives

Madras HC finds “Fresh Not Frozen” deceptively similar to “Fresh N Frozen”; Upholds rejection of trademark application

“It is not what meaning is being assigned by the words chosen by the appellant, but the determining factor is whether it is deceptively similar.”

Deceased driver was qualified in heavy vehicle driver category

Case Briefs High Courts

Deceased driver was qualified skilled worker in heavy vehicle driver category: Punjab and Haryana HC upholds compensation granted by Motor Accident Claims Tribunal

“A Court sitting in appeal does not substitute its own view for that of the Court below merely because an alternative view is possible.”

Case Briefs High Courts

“Water contamination is a problem of the entire State”: Madhya Pradesh HC issues interim directions in Indore Water Contamination Crisis

The Court remarked that the right to life under Article 21 of the Constitution includes the right to clean drinking water, and these petitions fell within the ambit of a public health emergency enshrined under Article 21.

Case Briefs Supreme Court

Forest lands cannot be used for non-forestry purposes: Read Supreme Court’s direction to restore Karnataka’s forest land with indigenous plantations

The very grant of lease to the respondent for agricultural purposes was uncalled for because it led to devastation and deforestation of huge forest area admeasuring nearly 134 acres.

Case Briefs High Courts

Partition suit pleading acquisition from joint family funds cannot be rejected at threshold, must go to trial: Delhi High Court

“The cause of action in a suit for partition is of a recurring nature and continues so long as the joint status subsists, crystallising only upon refusal of a demand for partition.”

Case Briefs High Courts

Flood Control can’t endanger Ecology: Kerala HC directs Committee oversight for sand removal at Thottappally Spillway

“An order was passed by the District Collector as the Chairman of the District Disaster Management Authority, suggesting removal of sand from the Thottappally Spillway and soil from the Thannirmukkam Bund, along with cutting of Casuarina trees obstructing water flow.”

Amitoje foldable unit patent infringement

Case Briefs High Courts

Delhi HC declines injunctive relief in Amitoje foldable display unit patent case

“The claimed invention would be obvious to the person skilled in the art, and therefore, the defendant has been able to raise a credible challenge to the validity of the suit patent under Section 64(1)(f) of the Act.”

Case Briefs High Courts

Bombay HC: Father-in-law’s dowry remarks, ignoring husband’s affair, and advising to wife to tolerate violence not cruelty under Section 498A IPC

“When these allegations are considered apposite Section 498A IPC, they do not constitute “cruelty” as defined in the explanation appended to the provision.”

Case Briefs Supreme Court

“Law can’t change with change of Bench”; Supreme Court directs refund to Adani Power; quashes customs duty on electricity supplied from SEZ to DTA

“The discipline of precedent is not a matter of personal predilection; it is an institutional necessity. Stare decisis et non quieta movere… is a working rule which secures stability, predictability and respect for judicial outcomes. The law cannot change with the change of the Bench.”

Bhagavad Gita reminds State its duty to common good

Case Briefs High Courts

Bhagavad Gita reminds to serve social stability & common good, not administrative convenience: P&H High Court directs long due regularisation of daily wagers

“Regularisation cannot be claimed as a matter of right where the initial entry is illegal or plainly unconstitutional but where the engagement is long, continuous, against sanctioned vacant posts of duly qualified persons, the State is under a constitutional duty to undertake fair consideration and to complete the one-time regularisation exercise.”

Case Briefs High Courts

Madras High Court directs strict compliance at Thiruparankundram hill festival; Only 50 participants allowed, animal sacrifice prohibited

“The number of participants in the festival shall be restricted to fifty only, and the official respondents shall strictly enforce the above directions.”

Case Briefs High Courts

MP HC grants protection to 20-year-old live-in couple, Warns young couples that such choices may affect life opportunities and societal acceptance

“If you get into this struggle of life at an early age by choice, not only are your chances of enjoying the other opportunities of life are drastically affected, but your acceptance in society is also reduced.”

allotment cancellation due to unauthorised construction

Case Briefs High Courts

Unauthorized construction does not justify cancellation of allotment of land in lieu of acquisition on Monarch’s orders: J&K and Ladakh HC

“The cancellation order, on the face of it, appeared to be a brazen endeavour of the official machinery to deprive a land owner of his legitimate right to have an alternative in lieu of his acquired land by the State.”

Case Briefs High Courts

Copyright infringement action maintainable by exclusive licensee: Bombay HC restrains unauthorised use of PPL’s sound recording across 94 outlets

“The defendants are operating about 94 establishments, and continuing infringement would result in loss and damage to the plaintiff tilting the balance of convenience in favour of the plaintiff.”

Case Briefs Supreme Court

No Bail for Umar Khalid and Sharjeel Imam; 5 Accused get bail: Inside Supreme Court’s Big Verdict in 2020 Delhi Riots Case

“When bail is sought in prosecutions governed by a special statute, the Court is required to undertake a difficult and sensitive balancing exercise, conscious that neither liberty nor security admits of absolutism”.

Case Briefs High Courts

Madras High Court rejects plea to stop Parasakthi movie release amid claims of copied script

“Though the balance of convenience is not in favour of the plaintiff, if the movie is released, the plaintiff would be in a position to claim damages.”

Case Briefs High Courts

Delhi High Court allows foreign medical graduate to treat NTA Affidavit as NEET-UG 2019 Scorecard for FMGE 2026

“The affidavit discloses the total marks obtained, the corresponding percentile, as well as the NEET-UG 2019 rank of the petitioner.”

Case Briefs High Courts

Criminal Breach of trust and cheating cannot stand together simultaneously at cognizance stage: Orissa High Court sets aside cognizance order

“The petitioner submitted that the court below could not have taken cognizance of both offences simultaneously.”

Case Briefs High Courts

Tirupati Laddu Adulteration Case | Delhi High Court refuses ex-parte injunction in Defamation Suit

“In my prima facie view, it would only be reasonable to give an opportunity to the defendants to present their defence in respect of their publications/posts/articles.”

Case Briefs High Courts

‘Spectacles’ not broad enough to include ‘Sunglasses’; Taxable as Residuary Item: Punjab and Haryana High Court

‘Sunglasses’ did not fall under any specified Schedule of Punjab Value Added Tax Act, 2005 and Haryana Value Added Tax Act, 2003, thus, exigible to tax at the rate of 12.50%.