Case Briefs Archives

Delhi High Court grants permanent injunction to Modicare Limited for its ‘WELL’ mark

“In the case of pharmaceutical, cosmetics, health and related wellness products a higher standard would be required to be laid down in view of the damage that such products can cause to the consumers.”

Case Briefs High Courts

Eviction suit cannot be stayed amid pending declaratory suit when scope of inquiry in two suits is different: Calcutta High Court

The Calcutta High Court held that the decision in the declaratory suit would not necessarily non-suit the plaintiff in the eviction suit as the matters in issue in the two suits are not directly and substantially same.

Case Briefs High Courts

[Cash-for-job Scam] Madras High Court refuses to grant bail to V. Senthil Balaji on medical grounds

Earlier in a writ petition concerning the issue of continuation of V. Senthil Balaji as a Cabinet Minister of the State consequent to his arrest, the Court left it to Chief Minister MK Stalin to decide about the continuance of Senthil Balaji (who is in judicial custody) as a Minister without Portfolio

Case Briefs Supreme Court

‘Discriminated and arbitrarily deprived of the fruit of selection’; SC directs appointment of 50-year-old as Postal Assistant after 28 year wait

“If the candidature is not rejected at the threshold and candidate is allowed to participate in the selection process and ultimately his name was there in the merit list, though such candidate has no indefeasible right to claim appointment, he does have a limited right of being accorded fair and non-discriminatory treatment”.

Case Briefs High Courts

Delhi High Court restrains ‘Biggbos.live’ website from unauthorized broadcasting of reality show ‘Bigg Boss’ on plea by Viacom18

“If mushrooming of websites, which use the name Bigg Boss, is permitted, it will boost piracy and unauthorized dissemination causing huge loss to Viacom18 Media (P) Ltd.”

Case Briefs High Courts

Writ Court cannot resolve Private/Contractual Disputes or Questions of Ownership in Land Dispute Cases: Calcutta High Court

Calcutta High Court opined that such disputes should be resolved by the Civil Court.

Case Briefs High Courts

Court has wide discretion to interpret ‘What is cruelty’, literally and contextually: Calcutta High Court upholds divorce on ground of ‘Cruelty’

With regards to custody of the child, the Calcutta High Court after considering the paramount welfare of the child, held the husband is not fit person for custody.

Case Briefs Supreme Court

Land sale by fraud | Supreme Court extends interim protection against arrest

Supreme Court considered the fact that there was no specific complaint of non-cooperation in the investigation.

Case Briefs High Courts

Wife not entitled to interim maintenance u/s 24 of Hindu Marriage Act, 1955 when both spouses qualified and earning equally: Delhi High Court

“The object of Section 24 of the Hindu Marriage Act, 1955 is to ensure that during the matrimonial proceedings either party should not be handicapped and suffer any financial disability to litigate only because of paucity of source of income.”

Case Briefs Supreme Court

Supreme Court expands scope of exemption for service tax to include IIT and NIT under the definition of ‘governmental authority’

“Interpretative tools should be employed to make a statute workable and not to reach to a particular outcome.”

Case Briefs Supreme Court

Sahara City Homes Jaipur Project | Supreme Court asks Sahara Group of Companies to disclose personal assets

The tower in question was incomplete and there was no scope of construction to be completed within 6 months.

Case Briefs High Courts

Delhi High Court restrains Capital TV from using TV Today’s marks “To The Point”, “Halla Bol”, “Special Report”, “Black & White”, “Kismat Connection” for news programmes

“Though the specific words used for the news programme may themselves not be capable of being monopolized, the combination marks can be protected if they have acquired a secondary significance.”

Case Briefs High Courts

Situation like a theft being committed in a police station; Delhi High Court grants injunction against Indian companies to use logo similar to Japan Patent Office

This is a case where the Intellectual Property Office of Japan has found itself at the receiving end of infringement and imitation by unscrupulous Defendants. The defendants’ use of the identical mark and logo would be violative of the Plaintiff’s goodwill and brand equity.

Case Briefs High Courts

‘Right to fair investigation and trial is fundamental right of victim as well’: Rajasthan High Court quashes order transferring the investigation without reason

“First progress report of the investigation has been called for in seven years. Moreover, the administrative instruction has not been followed inasmuch as more than thrice transfer of investigation of the case was not permissible.”

Case Briefs High Courts

‘False promises made, huge scam committed’; Gujarat HC refuses to quash criminal proceedings against Mehul Choksi and Gitanjali Group Director

“Mehul Choksi left the country long ago and he did not cooperate with any prosecution, though various complaints are filed against Gitanjali Gems as well as in his individual capacity. He has no respect towards the process of law”.

Case Briefs High Courts

Explained | Allahabad High Court’s verdict on burden of proving claim for tax concession

Allahabad High Court said that once the corresponding State authority has sent information that only one purchase made by the purchasing dealer could be verified, the benefit of other purchases as alleged to be made by the revisionist against Form C cannot be granted.

Case Briefs High Courts

W.B. Panchayat Election 2023 | Calcutta High Court issues ‘Rule NISI’ under Rule 19 of Calcutta High Court Contempt of Court Rules, 1975

Calcutta High Court issue the ‘Rule NISI’ for non-compliance with Court orders to deploy central forces for election security during West Bengal Panchayat Election 2023.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Supreme Court Verdict on Same Sex Marriage: Breakdown of the Agreements and Disagreements

In a verbose verdict running into 366 pages, the 5-judge Constitution Bench of Dr DY Chandrachud, CJI and Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, PS Narasimha, JJ wrote 4 opinions on the Same Sex Marriage matter where they agreed on some points and disagreed on others.

Case Briefs Supreme Court

State has obligation to provide support persons to POCSO victims, which cannot be made optional: Supreme Court

Supreme Court directed NCPCR to formulate model guidelines after due consultation with the Central and State Governments for the States and Union Territories to frame their rules respecting the support persons under Section 39 of POCSO Act.

Case Briefs High Courts

Delhi High Court stays eviction order passed against Rajya Sabha MP Raghav Chadha

The Government and its public officer; from which it must be inferred that the terms Government and public officer cannot be conflated to be one-and-the-same. Thus, the description of the defendant as “Rajya Sabha Secretariat, through its Secretary General” cannot be taken to mean that the Rajya Sabha Secretariat and the Secretary General are one and-the-same thing or that relief has been sought against the Secretary General.