Case Briefs Archives

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.”

Case Briefs High Courts

Consent of parties does not confer validity to marriage violating condition specified u/s 5(i) of Hindu Marriage Act, 1955: Delhi High Court

“The very fact that the wife had not only claimed but also accepted pendente lite maintenance during the appeal from the first husband fortifies that the marriage was not finally dissolved.”

Case Briefs High Courts

Allahabad HC directs Magistrate to conclude NI Act proceedings expeditiously without going into unnecessary technicality

Allahabad High Court noted that the Supreme Court has issued several directions to deal with the pendency of dishonor of cheque cases and for their expeditious disposal

Case Briefs Supreme Court

[Pre-Institution Mediation] Supreme Court rejects an ‘absolute and unfettered right’ interpretation of S. 12A of Commercial Court Act

Camouflage and guise to bypass the statutory mandate of pre-litigation mediation should be checked when deception and falsity is apparent or established.

Case Briefs Supreme Court

Supreme Court issues notice to Tamil Nadu and its DGP over allegations of biased investigations against AIADMK and DMK ministers

The PIL sought transfer of cases pending before investigating agencies to any other independent agencies or CBI.

Case Briefs High Courts

Primary School Teachers Appointment | ‘Empanelment based on merit prevails over panel expiry plea’; Calcutta High Court directs to revisit recruitment process

When substantial justice and technical considerations conflict, substantial justice should be preferred, and the right to be considered for appointment should not be defeated based on panel expiration.

Case Briefs Supreme Court

Notification under Section 90(1) of Income Tax Act mandatory for giving effect to a DTAA or protocol: Supreme Court

“Upon India entering into a treaty or protocol does not result in its automatic enforceability in courts and tribunals; the provisions of such treaties and protocols do not therefore, confer rights upon parties, till such time, as appropriate notifications are issued, in terms of Section 90(1).”

Case Briefs High Courts

Delhi High Court directs its administration to ensure that Commercial Courts are made fully functional whenever infrastructure and Officers are available

“There is certainly an improvement in the matter of establishment of Commercial Courts and steps are being taken to fill up the remaining posts of District Judges, Commercial Courts.”

Case Briefs High Courts

Party given an option to choose from list of five arbitrators, shows panel is not broad based: Delhi High Court

“The Court failed to appreciate as to how the position, where not only does the respondent had the power to unilaterally appoint two out of the three arbitrators and compelled the petitioner to choose one of the panels of five arbitrators can be said to meet the test of ‘counter balancing’.”

Case Briefs High Courts

Delhi High Court directs selling unfilled cans with infringed RED BULL marks till 31-01-2024; Directs damages of Rs. 13 lakhs

The unfilled cans which have been seized, shall be released in favour of the Defendants, which were given to them on a superdari basis, in the presence of a representative of the plaintiff. The plaintiff’s representative may accordingly visit the Defendants’ premises on 01-11-2023 at 11:00 a.m.

Case Briefs High Courts

S. 50, PMLA Act | Karnataka HC cancels Look-out Notice issued indefinitely on ground of suspicion alone; terms it as an abuse of process of law and object of LOC

“The summoning of a person repeatedly without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness”

Case Briefs High Courts

Delhi High Court grants eight-days interim bail to POCSO accused for participating in his brother’s last rites

“The applicant is granted interim bail for a period of eight days from the date of his release, subject to his furnishing personal bond in the sum of Rs.50,000 with one surety of the like amount, to the satisfaction of the Trial Court.”

Case Briefs High Courts

Delhi High Court refuses relief to HULM Entertainment’s online fantasy sports App EXCHANGE22 in copyright infringement dispute

The comparison of the features of the prior existing third party apps with Plaintiffs’ mobile app, fortifies the stand of the Defendants that the distinguishing features are not enough for the Plaintiffs to cross the threshold of idea expression dichotomy to claim originality and consequently protection in the gaming app and copyright infringement.