Case Briefs Archives

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.”

Case Briefs High Courts

Delhi HC directs Hotel Corporation of India to pay its retired unionised employees, arrears of wage revision, on a par with currently employed unionized employees

“Hotel Corporation of India acted in contravention with Article 14 of the Constitution by creating wrongful classification between retired unionised workers and unionised employees who were currently employed with it.”

Case Briefs High Courts

Can retired BSF personnel be treated as ‘Ex-Servicemen’ for benefits of purchase and consumption of liquor in Tamil Nadu? Madras HC answers

“Even if the claim of the petitioner that discrimination is meted out to retired personnel of BSF as against Ex-servicemen has to be accepted, the consequence would only be that the exemption and concession granted to Ex-servicemen in consumption of liquor would have to be withdrawn, but, it cannot be a ground on parity to extend the same benefit to the retired personnel of the BSF”

Case Briefs Supreme Court

Wipro’s ‘Chandrika’ Soap | SC restrains Mariyas Soaps and Chemicals from using mark ‘Chandra’

Wipro Enterprises has a registered all India trade mark ‘Chandrika’ since 1976.

Case Briefs High Courts

Allahabad HC directs UP Congress Committee to clear UPSRTC dues of Rs. 266 Lakhs with 5% interest within 3 months

This matter has been pending since the year 1998 and after 25 years it could not be settled between the parties. Hence, Allahabad High Court has taken up the matter to be decided on merits.

Case Briefs Supreme Court

Explained | Supreme Court verdict on principles relating to presumption and evidential burden under Ss. 138 & 139 of NI Act

“The accused has miserably failed to discharge his evidential burden, that fact will have to be taken to be proved by force of the presumption, without requiring anything more from the complainant”

Case Briefs Law School News Live Blogging

Live Updates | 13th Amity International Moot Court Competition, 2023

13th Amity International Moot Court Competition, 2023 | Organised By Amity Law School Noida | Live Blogging and Updates Success is

Case Briefs High Courts

Detention not unlawful or illegal; Calcutta High Court rejects request for compensation and reinvestigation following acquittal

“Though the Constitutional Courts have the power to order fresh, de novo or reinvestigation but such directions have to be issued sparingly depending upon the facts of the case.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Reflection of name in balance sheet alone does not override rejection of claim to be Financial Creditor in Liquidation Proceedings: NCLAT

In the instant matter, the appellant claimed to be a Financial Creditor as their name was included in the balance sheet of the Corporate Debtor.

Case Briefs High Courts

Delhi High Court | Child born from the sapinda relationship legitimate; Declares marriage between parties null and void

The impugned order held that the fathers of the parties were real brothers and so, the marriage between the parties fell within the meaning of sub-clause (f) of Section 3 of Hindu Marriage Act, which defines the terms of degrees of prohibited relationships.

Case Briefs High Courts

Delhi High Court upholds constitutional validity of Rule 3, 5, 6 and 8 of Animal Birth Control Rules, 2023

The issue under consideration was whether the ABC Rules, 2023 unjustly exclude individual veterinarians from the animal birth control programme, thereby infringing upon their constitutional rights.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Adjudicating Authority’s order for liquidation valid when Resolution Plan remains unapproved, and no alternative plan in CIRP exists: NCLAT

The Liquidator should endeavor to sell the Corporate Debtor as a going concern in the Liquidation Proceeding, and the appellant may participate by submitting its plan.

Case Briefs High Courts

Court cannot presume disobedience; strict and irrefutable proof of disobedience required for punitive action under Order 39 Rule 2A of CPC: Delhi High Court

“In its zeal to ensure implementation of rule of law, the court cannot hold a person guilty of violation of its orders and proceed punitively against him merely because the circumstances give rise to a strong suspicion of the court’s order been disobeyed.”