Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT orders initiation of Insolvency Process due to default in payment and bounced Post-Dated Cheques

NCLT held that the Corporate Debtor failed to prove a pre-existing dispute to justify the rejection of the Section 9 application.

Case Briefs High Courts

Maintenance proceedings under Hindu Adoptions and Maintenance Act, 1956 are not suits, ad valorem court fee not liable to be paid: Delhi High Court

“The Family Courts Act, 1984 was enacted pursuant to the 59th Report of the Law Commission wherein it was stressed that in dealing with the disputes concerning the family, the family court should adopt an approach radically different from that adopted in ordinary civil proceedings.”

Case Briefs High Courts

‘Jurisdiction under Article 227 is vast, should be exercised sparingly’; Calcutta High Court upholds lower court’s order to condone delay

“By the Civil Procedure Code (amendment Act, 1999) the scope of Section 115 of the code has been curtailed but that does not mean that due to such curtailment, the High court’s power of superintendence under Article 227 has been expanded.”

Case Briefs Supreme Court

Know how the Question of abortion versus preterm delivery for unplanned pregnancy led to Supreme Court split verdict

A letter was received by ASG seeking clarification from the Court regarding whether foeticide can be done before termination process since the baby was viable, and that if that was not done, it would be a preterm delivery and not a foeticide.

Case Briefs High Courts

‘Various measures already taken by State to address interests of orphaned children due to COVID’; Delhi High Court dismiss petition

LADLI Scheme, Delhi Pension Scheme for Women in Distress, National Family Benefit Scheme and Delhi Pension Schemes for Women in Distress and National Family Benefit Scheme are few schemes for orphaned children who lost either one or both parent(s) on account of COVID-19.

Case Briefs High Courts

Lack of property title renders Suit for specific performance unenforceable: Calcutta High Court

Calcutta High Court determined that the compromise decree indicated that the vendors-defendants (respondent 2 and 3) do not have title to the property.

Case Briefs High Courts

“Procedural technicalities should not override substantive provisions of law”, Calcutta High Court affirms ex-parte eviction decree

The first appellate court’s decision to set aside the ex-parte decree and remand the case was seen as unnecessary and not in line with the purpose of Order 18 Rule 4 of CPC.

Case Briefs Supreme Court

Family Planning | Know why the Supreme Court allowed termination of unplanned pregnancy at 26 weeks

The woman had adopted Lactational Amenorrhea Method (‘LAM’), a process which implies absence of menstruation due to continuing breast feeding as a contraceptive method.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Default occurred when post-dated cheques bounced; NCLT directs to initiate insolvency process

NCLT held that the Corporate Debtor failed to prove a pre-existing dispute to justify the rejection of the Section 9 application.

Case Briefs High Courts

Kurkure and Cheetos classifiable as ‘namkeen’ and not ‘snacks’ under Rajasthan Value Added Tax, 2003: Rajasthan High Court

“The Tax Board ignored the ordinary definition of namkeen, specification of namkeen as set out by the Bureau of Indian Standard and the FSSAI licenses granted to the petitioner, which categorizes the product in question as namkeen.”

Case Briefs High Courts

False and frivolous allegations against spouse without any evidence amounts to cruelty: Delhi High Court upholds divorce

“In the Indian context where the husband has chosen to be in a joint family with his parents, he cannot be forced to separate from the first day of his marriage merely on the whims of his wife.”

Case Briefs High Courts

Statutory substantive right to appeal cannot remain nugatory by giving undue importance to procedural law: J&K and Ladakh HC

The High Court observed that the object of Courts is to decide the rights of the parties and not to punish them for mistakes which are made in the conduct of the cases.

Case Briefs High Courts

Section 9 of A&C Act not confined by technicalities of CPC; but Court cannot ignore fundamental principles governing attachment before judgment: Delhi HC

“The issuance of a direction to release such royalty sum would involve not only a conclusive and final adjudication on the petitioner’s right to receive such sum but also framing of an interim award and that cannot be said to fall within the ambit of Section 9 of the A&C Act.”

Case Briefs High Courts

Delhi High Court orders to take down YouTube videos which alleged that consumption of Pulse candy causes cancer

“There can be no doubt that the right to freedom of speech deserves to be protected in order to communicate facts which are verifiable. Such facts ought to be based on credible test reports.”

Case Briefs High Courts

Calcutta High Court dismisses revisional application; leaves property distinction determination to Trial Court

Calcutta High Court affirmed the Executor’s authority in representing deceased’s estate and Shifted onus to the executor to establish suitability.

Case Briefs High Courts

SSRB’s refusal to grant premature release to convicts incarcerated for more than 22 years unjust and unlawful: Calcutta High Court

Calcutta High Court emphasized the importance of considering the conduct of prisoners while in jail to ascertain their potential for committing further crimes after a long period of detention.

Case Briefs High Courts

Transporting cows and their progeny within UP is not a violation of S. 5-A of U.P. Prevention of Cow Slaughter Act: Allahabad HC

“The police have no power or jurisdiction to seize or confiscate the vehicle in question and the DM also could not have issued notice under section 5-A of the Act when there is nothing to substantiate that the animals were being transported from within the State to some other State”

Case Briefs High Courts

West Bengal Panchayat Elections 2023 | Calcutta High Court rejects recounting process as non-compliant with Law; upholds initial counting result

Calcutta High Court emphasized on the importance of a free, fair, and transparent election process for upholding democracy and maintaining the public’s faith in the system.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Triumphant Institute of Management Education (P) Ltd. for its mark “T.I.M.E.” against “T.I.M.E. Tirupati”

“Viewed from the perspective of initial impression conveyed by defendant’s mark on the mind of consumer of average intelligence and imperfect recollection, if a court crosses such consumer’s mind as to whether market is not the same as, or associated with, the mark of plaintiff, which is seen earlier in point of time, “likelihood of confusion” and “likelihood of association”, within the meaning of Section 29(2)(b) of the Trade Marks Act, 1999 necessarily exists.”

Case Briefs High Courts

‘Well within boundaries of permissible comparative advertising’; Delhi High Court refuses to injunct commercial of Puro Healthy Salt in a disparagement suit filed by Tata

“If Tata can sell its Himalayan Pink Salt by advertising it as natural, free of chemicals, additives, and as being neither processed nor bleached and, therefore, a healthy alternative to common salt, then why Puro cannot do so. Tata cannot seek any injunction against Puro using the very same expressions for its own Puro Healthy Salt, vis-à-vis white salt.”