Case Briefs Archives

[PMLA] Delhi High Court refuses bail on medical grounds; Directs Jail Superintendent to ensure safety of the accused

While the applicant’s right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.

Case Briefs High Courts

[Nykaa v. Oykaa] Delhi High Court restrains use of mark ‘Oykaa’ in respect of cosmetic, healthcare products

“The mark, the name, and the overall look and feel of the website gave a clear impression that defendants are making a deliberate attempt to imitate and copy plaintiffs name/mark ‘NYKAA’ only to gain monetarily by such deception.”

Case Briefs High Courts

Calcutta High Court directs Competent Authority to enquire alleged irregularities in Diamond City West Apartment Owners’ Association

The Competent Authority’s power to act on complaints is not limited to complaints made by the Association or a majority of its members, it also extends to cases where the Association or its top management might be involved in the alleged wrongdoings

Case Briefs High Courts

Calcutta High Court quashes unauthorised construction charge under Section 401A of KMC Act, 1980

If the complaint’s allegations and the evidence collected do not disclose the commission of any offense, and if they fail to make a case against the accused, the Court can quash the alleged complaint to secure the ends of justice.

Case Briefs Supreme Court

Supreme Court refers authoritative determination of meaning of ‘vacant land’ to Larger Bench

Supreme Court opined that the interpretation, spirit and object of the Ceiling Act as envisaged during enactment and juxtaposed against the regressive impact experienced in different States as indicated in Statement of Objects and Reasons of the Repeal Act required authoritative determination of related issues by a Larger Bench.

Case Briefs High Courts

‘Live-in relationships are timepass, temporary and fragile’: Allahabad High Court remarks

Allahabad High Court saysthat live —in relationships are more of infatuation against opposite sex without any sincerity.

Case Briefs High Courts

Husband’s moral duty to maintain wife does not mean to squeeze milk from husband making marriage a felony for him: Jharkhand High Court

“The object of Section 125 CrPC is Social Justice and also to ensure the dignity of individual as enshrined in the preamble of the Constitution of India.”

Case Briefs High Courts

Demands made to recover loan amount cannot be treated as abetment to suicide: Chhattisgarh High Court

“If there was any unlawful activity performed by the petitioner to recover the loan amount, either the deceased or her husband could have taken shelter of any competent Court of law or made a complaint before the police authorities, which is missing in this case.”

Case Briefs High Courts

Executing Court having jurisdiction to execute award, can be any Court anywhere in the country, where decree can be executed: Allahabad HC reiterates

Allahabad High Court noted that the issue regarding the jurisdiction of the Executing Court was neither doubted nor was referred.

Case Briefs High Courts

‘Grave dearth of areas for people to go for a walk’; Uttaranchal HC directs authorities to reserve Nainital’s Lower Mall Road for pedestrians between 6 am to 8:30 am

“The direction shall be regularly, punctually, and strictly followed without fail and the District Magistrate, Nainital and Police Authorities shall ensure strict compliance.”

Case Briefs Supreme Court

SC cancels murder accused’s bail as witnesses turn hostile; Orders fresh cross-examination and witness protection

Supreme Court found the case fit for recalling the witnesses for further cross-examination but added that the power to recall witnesses under S.311 CrPC ought to be exercised sparingly and mere hostility by a witness, per se, would not be sufficient grounds to infer misuse of concession of bail.

Case Briefs High Courts

ADA and DDA Selection Process | Certificate of Practice issued by Bar Association enough; further proof of experience not required: Punjab and Haryana HC

“Once a Law Graduate is enrolled as an Advocate, the condition under the Advocate’s Act applies to him. He is not allowed to do any other business, nor can he join any service or be holder of office of profit or gain. He is, therefore, presumed to be only practicing law.”

Case Briefs High Courts

Eviction Decree based on reasonable requirement valid even without considering ground of building/rebuilding: Calcutta High Court

“A respondent without filing cross objection can canvass the correctness of finding against him in order to support the judgment that has been passed against the appellant.”

Case Briefs High Courts

[Pradhan Mantri Garib Kalyan Package Scheme] Raj HC directs Government to release claim amount to wife whose husband died during Covid-19 duty

“The shield of accidental insurance in the shape of the accident on duty were meant to reassure a health worker that the government stood by him and his family members in the time of the dire crisis.”

Case Briefs High Courts

Delhi High Court directs government to refund Rs. 7.12 cr to Vodafone Idea Ltd. paid as IGST towards its international services

“The authorities rejected petitioner’s refund claim by mentioning that payments in respect of some of the invoices are received in advance, but respondents have not referred to any particular instance where payments in respect of any invoices are received prior to the date of invoices.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Yamuna’s situation far from satisfactory and status report filed by States and authorities did not cover major issues; NGT directs filing of fresh status reports

Details of the Sewage Treatment Plants, drains discharging both treated waste water and untreated waste water, steps taken for utilization of the treated waste water for agriculture, etc. lacked in the status report.

Case Briefs Foreign Courts

1868 Treaty does not require Permanent Residence for Shoshone and Bannock Tribes’ reserved Hunting Rights: US Court of Appeals

Interpreting the Treaty of Fort Bridger, 1868, the Court stated that the parties expressly made the reserved hunting right contingent on maintaining peace and not on living on a reservation.

Case Briefs High Courts

Delhi High Court permanently injuncts website ‘sastajoota.com’ from selling counterfeit products under the mark “PUMA”

“Defendant 1 is a counterfeiter and has dragged plaintiff in the Court for an entirely unnecessary litigation, thus, plaintiff will be entitled to actual costs quantified at Rs. 4,59,520.”

Case Briefs High Courts

Delhi High Court issues directions to increase awareness about social, developmental schemes for prisoners and their dependents

“By ensuring that convicts, undertrials, and their dependents are aware of and can access benefits designed for their welfare will be crucial in rehabilitation and social reintegration.”

Case Briefs High Courts

Delhi High Court grants permanent injunction in favour of Himalaya Wellness Company for its ‘LIV.52’ mark

“One cannot forget that these are ayurvedic preparations and not allopathic medicines or scheduled drugs for which, doctors’ prescriptions are required. These are over the counter preparations, which are often brought by patients without prescription.”