Case Briefs Archives

“No caprice or arbitrariness”; Calcutta High Court upholds notification for MR Distributorship vacancy

Calcutta High Court emphasised that the declaration of new vacancies should be guided by the interests of the ultimate beneficiaries and the need to ensure efficient operation of the public distribution system.

Case Briefs High Courts

Madras HC directs Customs Department to release apples imported from New Zealand on furnishing bank guarantee towards differential duty

Madras High Court clarified that this interim arrangement would be made only to safeguard the interest of both parties; and the bank guarantee to be furnished by the respondent is kept alive, till the decision is arrived at regarding validity of the notification dated 08-05-2023.

Case Briefs High Courts

Bombay High Court refuses relief to Ankiti Bose, co-founder of e commerce start up Zilingo for want of jurisdiction

There was inconsistency in between the pleadings of the plaintiff about cause of action and the averments made in the petition were not part of the plaint averment.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT affirms dismissal of minority homebuyers’ challenge to Resolution Plan; says it does not fall foul of law on reduction in claim

The democratic principles of the determinative role of majority opinion are enshrined in the IBC, and objections by a minority within a class, when the majority has approved a resolution plan, have no legal standing.

Case Briefs High Courts

[Contempt of Court] Delhi High Court sentences a man to six months simple imprisonment for seeking death penalty for a High Court Judge

“Respondent has used utter derogatory language for the Single Judge bench to the extent of saying that the Single Judge is a ‘thief’ and he has full proof of the same.”

immediate remedial action for severe air quality index

Case Briefs Tribunals/Commissions/Regulatory Bodies

Severe Air Quality Index | NGT directs States’ Chief Secretaries to take immediate remedial action

The Air Quality Bulletins showed that there are various cities where the air quality index has dipped to ‘very poor’ or even to ‘severe’ stage.

Case Briefs High Courts

‘Permissive possession does not create possessory rights’; Calcutta High Court upholds KMDA’s right to cancel the land allotment

Calcutta High Court held that the physical possession of the land was not given to the petitioners, and no lease deed was executed in their favor, leading to the conclusion that they were in permissive possession.

Case Briefs High Courts

Delhi High Court| Remedy under Section 13(10) of SARFAESI Act cannot be considered as a remedy independent of the RDB Act

The Court is unable to accept that the legislative intent is to provide parallel regimes for the recovery of debts. The provisions of Section 13(10) of the SARFAESI Act, thus, cannot be interpreted in the manner as contended on behalf of the petitioner.

Case Briefs High Courts

State is not expected to deprive lawful benefits of employees; Himachal Pradesh HC grants service benefits to employees from initial date of appointment on contract basis

“It appears, in order to avoid its liability to pay salary attached to the post and to deprive the employees from lawful service benefits available to them, exploitative policy of contract appointment for initial five years is being adopted and practiced.”

Case Briefs High Courts

‘Disabled persons compelled to run pillar to post by organisation like KVS’; Delhi High Court directs Social Justice Ministry to issue guidelines for the implementation of reservation policy

It is unfortunate that disabled persons are being compelled to file writ petitions and are being compelled to run from pillar to post by an organization like KVS. They are not claiming any charity, and they are claiming their rights as guaranteed to them under the RPwD Act.

Case Briefs Supreme Court

Supreme Court acquits man in 23 years old rape case for lack of conclusive evidence on victim’s age below 16 years

Both the victim and accused have a right to fair trial, and therefore when the victim’s statement does not inspire confidence and creates doubt, the Court must look for corroborative evidence.

Case Briefs Supreme Court

Supreme Court grants bail in NDPS case; Imposes location sharing as a bail condition

Supreme Court said that the recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of NDPS Act does not apply in this case

National Financial Regulatory Authority Lexus Granito India Ltd

Case Briefs Tribunals/Commissions/Regulatory Bodies

NFRA imposes monetary penalty on Statutory Auditor and Engagement Partner of Lexus Granito India Ltd. in view of their professional misconduct

It is the duty of the auditor to conduct audit with professional skepticism and due diligence and report their opinions in an unbiased manner and the same was not done in this case.

Case Briefs Supreme Court

Part rejection of plaint impermissible under Order VII Rule 11 of CPC: Supreme Court

“The approach adopted by the High Court is incorrect and contrary to the well-entrenched principles of considering an application under Order VII Rule 11 of CPC.”

Case Briefs High Courts

Fact of consensual relationship should be taken into consideration while granting bail in POCSO cases: Allahabad HC

“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays often it has become a tool for their exploitation”

Case Briefs High Courts

‘INDIAN STAG’ deceptively similar to ‘ROYAL STAG’, but no case of passing off made out in favour of Pernod Ricard India: Delhi High Court

“In view of pictorial depiction of stag, the “STAG” part of plaintiff’s mark has necessarily to be held to be its essential and dominating feature and the use, by defendant, of word STAG along with pictorial depiction of stag, clearly indicates imitation, by defendant, of essential features of plaintiff’s mark.”

Case Briefs High Courts

[UP Revenue Code] Plaint cannot be rejected in an Injunction suit not seeking demarcation of boundaries: Allahabad HC

“Proceedings under Section 24 of the UP Revenue Code, 2006, are summary in nature while an injunction suit filed by the respondent is a regular suit.”

Dream11 Dreamz11 permanent injunction trade mark

Case Briefs High Courts

[Dream11 v. Dreamz11] Delhi High Court grants permanent injunction in favour of Dream11 in trade mark dispute

“The confusion is exacerbated by the look and feel of the defendants’ website which has, obviously, deliberately and intentionally, been made to copy the plaintiffs’ website.”

Case Briefs High Courts

Conviction can be based only on cogent, reliable and credible evidence of official witnesses: Himachal Pradesh High Court

“Presumption is that every witness is impartial and independent, unless proved contrary. There is no presumption for doubting the credibility of official witnesses, in principle.

Case Briefs High Courts

Wife residing in Australia cannot initiate divorce proceedings in India upon a casual visit; Allahabad HC interprets the word ‘residing’ in S.19 HMA

“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”