Case Briefs Archives

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.

Case Briefs High Courts

‘Punishment order passed in quasi-judicial proceedings must contain reasons’: Rajasthan HC sets aside non-speaking punishment orders

“It is true that discipline is the hallmark of disciplinary forces like police and each and every member of the disciplinary forces are not supposed to violate the discipline by consuming liquor in public space or should arrive in public place in a drunken position.”

Case Briefs High Courts

Odisha Gram Panchayats Act | Contestant for Sarpanch elections should not have more than two children on date of filing of nomination: Orissa High Court

The Court considered the question that whether the election of a contestant for the post of Sarpanch, Nakhara Gram Panchayat was void as he has more than two children?

Case Briefs High Courts

Read why Madras HC directed State to reconsider the screening time of Vijay starrer movie ‘Leo’

Madras High Court directed the State to reconsider the request of Producer to screen five shows of the film a day, in theatres, between 7:00 am and 1:30 am

Case Briefs Supreme Court

Supreme Court stays NGT order directing prosecution against CECB officials under Section 26 of NGT Act

NGT had highlighted the serious functional irregularity in efficiency and competence on the part of CECB officials, holding them guilty of offence under Section 26 of NGT Act for failure to comply with NGT order.

Case Briefs High Courts

DPS, Sahibabad and Ghaziabad can use DPS marks only for an academic year 2023-2024; New name to be adopted from academic session 2025

The certificates for the current students who are currently undergoing Class 10 and Class 12 as also other children, for the academic year 2023-2024, shall be issued under the existing name of the defendants.

Case Briefs High Courts

“We could read the mind of a desperate wife, who was deserted by her husband”: Kerala High Court denies cruelty by wife against husband

Kerala High Court regarded the wife’s email to her husband’s employer as “outcry of a desperate wife, to live with her husband, after bringing him back to normalcy”.