Case Briefs Archives

‘Accused deemed to be in constructive custody of Court when released on Interim bail’: Orissa HC

“The Court noted that “while passing the impugned order the Trial Court re-examined the allegations on merit and virtually sat in appeal over the order and rendered the order passed by the High Court nugatory.”

Case Briefs High Courts

Madras HC sets aside appointment of Transport Commissioner as Appellate Authority under Petroleum Rules, 2002

After perusing Rule 154(2) of the Rules of 2002, Madras High Court said that it is manifested that the Appellate Authority has to be one who is immediately superior to the District Authority. The Transport Commissioner is not superior to the District Authority.

Case Briefs High Courts

Bombay High Court refuses to set aside injunction order passed in favour of Marico Limited product under its brand Parachute

It is no defence to state that others have also infringing the marks/labels of the Plaintiff as the Defendant cannot seek shelter behind other infringers or potential infringers.

Case Briefs High Courts

POCSO| Rajasthan High Court refuses bail to a man accused of rape despite of non-recovery of substantial evidence

“The petitioner argued that both the girls committed suicide by jumping into the canal after writing suicide note. As per report of handwriting expert also, the disputed writing show similarities with the standard writing.”

Case Briefs High Courts

Victim not necessary party, thus not required to be impleaded as party in bail applications under CrPC: Rajasthan High Court

“Had it been the intention of the Legislature, it would have in unequivocal terms mentioned in the statute itself about impleadment of the victim as a necessary party in all cases.”

Case Briefs District Court

Delhi Court acquits AES Chhattisgarh Energy and Director accused in Sayang Coal Block allocation scam

The AES Chhattisgarh Energy and Director were accused of cheating the Ministry of Coal by misrepresenting the fact that they were subsidiary company of AES Corporation, USA.

Case Briefs High Courts

‘Allegations deemed unadmitted without affidavits’; Calcutta High Court disposes of petition alleging Police inaction in suicide case

Emphasising the unfortunate nature of the case, Calcutta High Court urged the petitioner to cooperate with the ongoing investigation.

Case Briefs High Courts

Calcutta High Court directs BHEL to comply with Government Directive for reduction of Performance Guarantees in government contracts

“BHEL falls within the expression “other authority” and, therefore, “State” within the meaning of Article 12 of the Constitution of India. This writ petition is thus maintainable against BHEL.”

Case Briefs High Courts

Insolvency Resolution Professional is not ‘public servant’ under Prevention of Corruption Act, 1988: Delhi High Court

“Whether the Insolvency Resolution Professional is a public servant or not according to Insolvency and Bankruptcy Code or Prevention of Corruption Act, 1988 or Section 21 of Penal Code, 1860, is purely the domain of the legislature and if required, the legislature may carry out necessary amendments to the legislations.”

Case Briefs High Courts

Delhi High Court dismisses plea of PMLA accused(s) alleging illegal detention for want of judicial order granting judicial custody

The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.

Case Briefs High Courts

Madhya Pradesh High Court directs State Government to ensure compliance of Section 43 of POCSO Act ; Grants bail to the accused

Madhya Pradesh High Court granted bail to the accused based on the examination of key witnesses and his extended period of incarceration.

Case Briefs High Courts

Misuse of RTI Act will dilute its importance and make government servants dither from carrying out their activities: Delhi High Court

“The Court has unfortunately been coming across various cases where abuse of Right to Information has led to paralysis and fear among Government officials.”

Case Briefs High Courts

No one, including any litigant or lawyer, can carry arms in Court premises except police official on duty: Allahabad HC issues directions

“The worth of a lawyer flows from his pen, extreme hard work and his understanding of law and not from the barrel of a gun”

Case Briefs Supreme Court

Air Force Tribunal a quasi-judicial body with governing legislation, cannot direct formation of a policy: Supreme Court

“Challenging the basis of promotion after having participated in the process on consideration of promotion and having been declared unsuccessful thereunder, is not a valid ground to impugn the policy/method”

Case Briefs High Courts

Bounden duty of State to ensure that Article 21 of Constitution is not violated; Allahabad HC grants interim stay on demolitions in Lucknow’s Akbar Nagar

Allahabad High Court said that it is of no doubt that the petitioners have not been able to demonstrate any prima-facie title in their favor, but have successfully established their possession, even if the said possession is an illegal possession.

Case Briefs Foreign Courts

“Inventor within the meaning of Patents Act, 1977 must be a natural person”; UK SC upholds Comptroller’s refusal to regard DABUS the AI Machine as ‘inventor’

The Court unanimously stated that the Comptroller was right in determining that the appellant was not entitled to apply for the patents simply by his ownership of DABUS.

Case Briefs High Courts

‘Not in good taste’; Delhi High Court directs ECI to decide on Rahul Gandhi’s ‘false & vilifying speech’ case within 8 weeks

“Though the statements in the speech made by Rahul Gandhi, if true, are not in good taste, yet the Election Commission of India is examining the matter.”

Case Briefs High Courts

Delhi High Court dismisses plea by Centre for PIL and Harsh Mander seeking probe into alleged over invoicing by Essar Group, Adani Group among others

The petitions are premised upon a show cause notice issued by DRI promulgating that the intelligence has indicated that various entities of Adani Group and Essar Group were indulging in gross over-valuation of imported goods (zero or low duty rated) to siphon off money abroad from Public Listed Companies.

Case Briefs High Courts

J&K and Ladakh HC modifies a 5-year-old Trial Court order restraining a man from opening the windows of his house

The High Court opined that the petitioner has a right of opening of windows on his property even if they are facing towards the house of the respondent.

Case Briefs High Courts

Orissa HC grants Rs 10 lakhs compensation to family of a minor who died of dogs attack

“Punishing the offender alone cannot comfort the victim’s family much. Monetary compensation is often the most effective way to ease the family’s pain.”