Case Briefs Archives

Delhi High Court restrains RPS Infrastructure Limited from using World Trade Centre marks or WTC logos

Clause 2.6 of the MOU signed between the parties clearly stipulates that upon termination/determination of this agreement the developer/respondent shall have no right to use any brand/mark associated with the consultants/petitioners, and/or any brand/mark identical or deceptively similar thereto, in relation to Project, expansion or part thereof.

Case Briefs High Courts

75% quota for Haryana residents in private sector jobs unconstitutional: Punjab and Haryana High Court

Punjab and Haryana High Court opined that the restrictions imposed through the 2020 Act have far reaching effect and cannot be held to be reasonable in any manner.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

After surgery in 1991, woman suffering for 12 years finds nut-bolt inside body; NCDRC upholds compensation of Rs 13.77 lakhs

The opposite parties denied her admission or operation in the clinic and also refuted the removal of rusted nut and bolt by claiming that they ought to be stainless steel material for medical use.

Case Briefs High Courts

Blenders Pride v. London Pride | “No prima facie case”; Madhya Pradesh High Court refuses to pass temporary injunction in trademark infringement suit

“A consumer going into the market to purchase premium/ultra-premium whisky will not be confused by the word ‘Pride’ in the name of any brand. The mark has to be compared as a whole.”

Case Briefs High Courts

Delhi High Court grants bail to Ajay Kumar, former director of Amrapali Group, Noida in the residential project cheating case

FIRs were registered on the complaints of homebuyers, who have alleged that Amrapali Leisure Valley Private Limited, Amrapali Dream Valley Private Limited, and their directors/officials, including the applicant have committed offences of cheating, fraud and criminal breach of trust in respect of various residential projects in Greater Noida, Uttar Pradesh.

Case Briefs Supreme Court

UP-VAT Act entitles assessee to claim full input tax credit on exempted goods produced as by-products during manufacturing of taxable goods: Supreme Court

The Explanation (iii) to Section 13, forbids the Assessing Authority as well as the assessee from raising any dispute regarding the allowability of the ITC in cases where exempted goods are being produced as a by-product or waste product during the process of manufacture

Case Briefs High Courts

No proper coordination between different Govt. departments, not a defence for not complying with Court’s orders: Delhi HC directs Finance secretary to be present for next hearing

Delhi High Court opined that, if the orders passed by this Court would not be implemented, it would lead to a situation where each department of the Government would be raising objections to the statement made by the other department.

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Indigo to pay compensation of Rs 70,000 for their failure to deliver checked-in luggage of a holiday bound couple

The Commission stated that the Indigo’s deficiency in services caused the married couple irrevocable hardship and spoiled their holiday mood.

Case Briefs High Courts

‘A detailed enquiry be initiated on the failure on the part of the Faceless Assessing Officer’; Bombay HC holds assessment order by FAO as time barred

The case of the petitioner is quite elementary, and we are constrained to observe the complete apathy and negligent approach of the assessing officer concerned in discharging his duties, by the provisions of the Income Tax Act, 1961.

Case Briefs High Courts

‘Married man living a lustful and adulterous life with unmarried woman, may constitute bigamy’; Punjab and Haryana High Court refuses relief to live-in couple

Punjab and Haryana High Court regarded the instant petition as a scheme to get away from criminal prosecution, just to obliquely obtain the seal of this Court on their conduct.

Case Briefs High Courts

Delhi HC grants stay on Tiz Hazari Court’s order vacating ad-interim injunction restraining Home Needs from using marks ‘POLO LIFETIME’, ‘RALPH LAUREN’ and word ‘POLO’

“The trade marks POLO/RALPH LAUREN/POLO PLAYER DEVICE are liable to be recognized as ‘well-known’ marks as defined under Section 2(1)(zg) of the Trade Marks Act, 1999.”

Case Briefs High Courts

Delhi High Court sets aside direction furnishing bank guarantee being violative of principles underlying Order 38 Rule 5 CPC

Whilst the court is not unduly bound by the texts or Order XXXVIII Rule 1 and 2 or Order XXXVIII Rule (5) or any other provisions of CPC, the substantial principles for grant of such interim measures cannot be disregarded.

Case Briefs High Courts

Madras HC directs tax department to investigate misuse of login ID and Password of dealer by third party, enabling tax evasion

Madras High Court said that if the complaint of the petitioner turns out to be untrue or was intended to facilitate fraud being committed using the login ID of the petitioner, the assets of the petitioner shall be brought to sale.

Case Briefs Foreign Courts

‘Rwanda Policy’ for asylum seekers held unlawful; UK Supreme Court upholds decision of Court of Appeal

The Supreme Court took the decision to uphold the Court of Appeal’s findings regardless of the political debates surrounding the Rwanda Policy.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Refusal to re-hear matter after reservation of order in company petition does not cause miscarriage of justice: NCLAT

“Debt acknowledgment in balance sheets and OTS proposal demonstrated Corporate Debtor’s awareness of assignment, rendering technical challenges unfounded.”

Case Briefs Supreme Court

‘Testimonies of prosecution witnesses are unreliable, unworthy of credence’: SC set aside Karnataka HC order overturning acquittal of 6 convicts in murder case

Supreme Court said that a Court of Appeal should be circumspect in overturning its judgment of acquittal, is not a principle that requires reiteration. It has been held time and again that an acquittal will only be overturned in the presence of very compelling reasons.

Case Briefs High Courts

Delhi High Court directs Mohalla Tech (P) Ltd. to remove Zee’s copyrighted content from ShareChat and Moj Apps and websites

“There is no injunction on Mohalla Tech (P) Ltd. using the cover versions, remixes or user generated content.”

Case Briefs High Courts

‘In accordance with Article 16(5) of Constitution’; Andhra Pradesh High Court upholds termination of employee from service who ceased to be a Hindu

“Petitioner is conscious of the fact that he is a Christian and his marriage is with a Christian lady and the marriage is solemnized in a church as per the Christian rites and church formalities.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Financial Debt claim under Section 5(8) of IBC cannot be entertained after CoC’s approval of Resolution Plan: NCLAT

The NCLAT reiterated the importance of adhering to timelines in the Insolvency resolution process and the unacceptability of claims filed after the approval of the Resolution Plan by the CoC.

Case Briefs District Court

Loaded farm tractor used for commercial purpose endangering lives: Gurugram Court convicts tractor driver, summons owner

The Court cautiously acknowledged that using tractor trolleys for commercial purposes was in violation of MV Rules, which cannot be driven on motor way except for transportation of crops to the grain market.