Case Briefs Archives

Delhi High Court| Increasing MRP of non-scheduled formulation to maximum permissible increase of 10% in a year not necessary

The 10% increase in MRP permissible under Para 20 of Drugs (Price Control) Order, 2013 must be calculated based on the actual MRP of the non-scheduled formulation in the preceding twelve months and not based on what was the MRP permissible for the preceding twelve months.

Case Briefs Tribunals/Commissions/Regulatory Bodies

IBC| Doctrine of promissory estoppel cannot be applied against approved Resolution Plan: NCLAT

NCLAT upheld the Adjudicating Authority’s order on finding no error in rejecting the appellant’s objections to the Resolution Plan.

Case Briefs High Courts

‘No sufficient evidence to prove prosecution’s case beyond reasonable doubt’; Allahabad HC acquits 3 convicts in 1999 rape and murder case of a 13-year-old girl

Allahabad High Court said that there is a serious discrepancy in the eyewitness testimony. It does not match with other evidence, material and circumstances.

Case Briefs Supreme Court

Junior Office Assistant Recruitment | State could not relax essential qualifications under Rules and Advertisement without publicizing such relaxation: Supreme Court

Supreme Court rejected the argument that requirement to hold 1 year diploma in specified courses was not an essential qualification, since the same was indicated in 2014 Rules as well as the advertisement so concerned.

Case Briefs High Courts

Karnataka HC refuses to interfere with State Govt’s decision to cancel recruitment examination for the post of Police Sub-Inspector and order a re-examination

Examination for the recruitment for the post of ‘Police Sub-Inspector (Civil)’ previously conducted on 21-01-2021, was marred by irregularities such as paper leakages, which necessitated the decision of the Govt. to order a re-examination.

Case Briefs High Courts

Delhi High Court restrains use of words ‘SHRINATH’ and ‘SHREENATH’ in relation to tour and travel services; grants injunction to Shrinath Travel Agency

“The slight difference in defendants’ spelling, i.e., SHRINATH or SHREENATH really makes no difference to the aspect of infringement, as plaintiffs holds a registration for the word mark ‘SHRINATH’ per se.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Corporate Debtor’s early denial of liability indicates pre-existing dispute; rejection of the Section 9 application justified: NCLAT

While affirming the impugned order, the NCLAT granted the appellant option to pursue proceedings as per the agreement between the parties before an appropriate forum in accordance with the law.

Case Briefs High Courts

[Trade mark Infringement] Madras HC restrains sale of Sunfeast Mom’s Magic butter cookies in blue wrapper, being deceptively similar to Britannia Good day

There will be confusion in the market, especially, in the nature of the product being Cookies, sold in the shelves of supermarkets, any ordinary customer looking at the shelf is bound to be deceived. Therefore, the product of ITC Ltd. is deceptively similar to that of Britannia.

Case Briefs Supreme Court

Supreme Court restores penalty withholding 50% of monthly pension in Sexual Harassment at Workplace case

“Sexual harassment in any form at the workplace must be viewed seriously and the harasser should not be allowed to escape from the clutches of law.”

Case Briefs Supreme Court

Can rents receivable by debtors be assigned to the lender as an actionable claim? Supreme Court answers

After applying the rule that all the contemporaneous documents are to be read together, to discern the true purport of the contract, Supreme Court said that the parties intended assignment of the debt, i.e., the rents payable.

Case Briefs District Court

Hassan Sessions Court acquits persons accused in 12-year-old rape case based on prosecutrix’ behaviour “which was against normal human conduct”

The Special Judge opined that the prosecutrix’s conduct of never disclosing anything about incident to anybody nor seeking anybody’s help during relevant period, cast a serious doubt on her version of events.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Admitted Claim versus Security Interest’; NCLAT determines how to distribute Corporate Debtor’s assets to Secured Creditors

The NCLAT reiterated that Commercial wisdom of the CoC is crucial in determining the viability and feasibility of a resolution plan.

Case Briefs High Courts

Delhi High Court issues directions in relation to guidelines for inspections by Child Safety Monitoring Committee

“The Chairperson as head of the Committee will decide which school is to be inspected on a particular day and an intimation in advance will be given to the members. If the member/s does not remain present at inspection time, the inspection shall be made in their absence by the Chairperson.”

Case Briefs High Courts

J&K and Ladakh HC quashes detention order over snapped live link to illicit activities and vague Daily Diary Reports

The High Court reiterated precedents highlighting that the detaining authority must not make undue and long delay between the prejudicial activities and the passing of detention order, and that Daily Diary Reports must not be vague and bereft of necessary details.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT issues notice in appeal against NCLT’s rejection of challenge to Lay-Off notice under Industrial Disputes Act

The main contention of the appellants is that the lay-off notice was not issued in accordance with the provisions of the Industrial Disputes Act, 1947.

Case Briefs High Courts

Whether bar on review of decision by any Court under S.17 of UP Lokayukta and Up-Lokayuktas Act applies to High Court? Allahabad HC answers

Allahabad High Court opined that the reasoning of the order dated 05-11-2019, that there is no ‘cutting’ or ‘overwriting’ in the petitioner’s service book, does not close all avenues of inquiry.

Case Briefs Supreme Court

Supreme Court, in a balancing act, commutes Death Sentence to 20 Years Imprisonment in Indiscriminate Firing case that killed 6

The Supreme Court held that the Court cannot be limited only to two punishments, one a sentence of imprisonment, for all intents and purposes, of not more than 14 years and the other death.

Case Briefs High Courts

Delhi High Court directs Chief Secretary of Government of Delhi to undertake security, social audit of all Shelter Homes

“Ensure that the Shelter Homes established by Delhi Urban Shelter Improvement Board are occupied by persons who are eligible to occupy the same and not by any other persons.”

Case Briefs High Courts

Allahabad HC asks UP Bar Council to issue guidelines, restraining Advocates from wearing uniforms outside Court premises

Allahabad High Court directed the opposite party no. 4 to inform the Bar Council of U.P. about several cases being filed, alleging Advocates in uniform going to intervene in private property dispute and assisting land mafia in grabbing property of citizens.

Case Briefs High Courts

‘Compassionate appointment not vested/hereditary right’, Calcutta High Court upholds rejection of compassionate appointment

Calcutta High Court denied the compassionate appointment due to the lack of credibility and failure to establish financial dependency.