Case Briefs Archives

Delhi High Court vacates stay on termination of Delhi Legislative Assembly Fellows

“The Supreme Court has declined to stay the Order dated 05-07-2023. Therefore, propriety demands that this Court ought not have passed any interim order which had the effect of staying the Order dated 05-07-2023 and other consequential orders.”

Case Briefs High Courts

Read why Madras HC granted ad interim injunction in favour of Sangeetha hotels, restraining franchisee from using ‘Geetham’ mark

Madras High Court said that the apprehension of Sangeetha Hotels that the public would be misled into believing that the respondent is nothing but old wine in a new bottle stands prima facie proved.

Case Briefs High Courts

Delhi High Court dismisses plea seeking ban of gross, graphic anti-tobacco imagery in health spots played during screening of movies and TV programmes

“The purpose of display of distasteful, gross, graphic anti-tobacco imagery in health spots played during the screening of movies and TV programmes is only to make people aware of the ailments and ill-effects of consuming tobacco and tobacco products and to show them what tobacco can do to their health.”

Case Briefs High Courts

Delhi High Court directs State to notify mode and manner for compliance of Section 173(2)(ii) CrPC

As on date, there are no rules prescribed by the State Government which provide a particular method of communicating the complainants/informants as per Section 173(2)(ii) CrPC to ensure uniformity, transparency and effective implementation of the provision, in its letter and spirit.

Case Briefs Supreme Court

Courts should exercise restraint in exercising power of judicial review in contracts involving complex technical issues; SC reiterates

Supreme Court viewed that the Division Bench of Karnataka High Court, which was considering an appeal against a judgment of a Single Judge rejecting the writ petition, ought to have proceeded with circumspection.

Case Briefs High Courts

[Theos v. Theobroma] ‘Theos to be restrained to Delhi-NCR region’; Delhi High Court settles terms in trade mark infringement suit

“No party shall oppose each other’s marks or object to the same, in any manner, so long as the same are in compliance with the terms of this settlement.”

Case Briefs High Courts

Sainik School denies admission to student for being medically unfit; Uttaranchal High Court dismisses petition seeking admission

“A candidate should be medically fit in the manner that he/she must be in a good physical and mental health, free from any disease/syndrome/disability likely to interfere with the efficient performance, etc., but there should also be no evidence of any congenital deformities.

dying declaration sole basis of conviction

Case Briefs Supreme Court

Dying declaration may be sole basis of conviction, but Courts must conclude it to be trustworthy, reliable and one which inspires confidence: Supreme Court

“No doubt, that a conviction can be solely recorded on the basis of dying declaration. However, for doing so, the court must come to a conclusion that the dying declaration is trustworthy, reliable and one which inspires confidence.”

Dominos Dominick Pizza trade mark deceptively similar

Case Briefs High Courts

[Domino’s v Dominick] Delhi High Court restrains Dominick Pizza from using Domino’s registered trade marks

“Where the marks in question pertain to food items, or eateries where food items are dispensed and served, a somewhat higher degree of care and caution is expected to be observed.”

Case Briefs High Courts

Form Committee to supervise inventory of valuables in Ratna Bhandar of Puri Jagannath Temple: Orissa HC directs State

The Archeological Survey of India has suggested that the status of the inner portion of the Ratna Bhandar could also be assessed through laser scanning and the repair could be taken up during Rath Yatra.

Case Briefs High Courts

Madras HC directs students to clean classrooms, write articles on Mahatma Gandhi, Dr. Abdul Kalam, former CM Kamaraj as conditions for anticipatory bail

“School is situs for transformation of personality traits and for reformation via love and discipline. Education is a platform for acquisition of knowledge, as knowledge is power”

Case Briefs High Courts

Meghalaya HC grants bail to HIV positive accused under NDPS Act

The accused person required special consideration to get proper treatment or to recuperate from her suffering in an environment congenial to her.

Case Briefs High Courts

Delhi High Court lays directions regarding the rights of persons with disabilities in respect of the movie ‘Pathaan’

Under Section 42 of the Act, Rights of Persons with Disabilities Act, 2016 making available tools to provide access to information and communication technology to persons with disabilities is mandatory in law and not providing the same would also constitute an offence under Section 89 and 90 of the said Act.

Case Briefs High Courts

Courts should ensure witness testimonies are not motivated by revenge/external influence before allowing Section 319 CrPC application: Calcutta High Court

The Calcutta High Court held the power under Section 319 of the CrPC should be exercised sparingly and based on strong and cogent evidence, not mere probability of complicity.

Case Briefs High Courts

Telangana High Court upholds validity of Sections 5, 6 and 15 of Press and Registration of Books Act, 1867

“The legislature itself has defined the books and newspapers separately. The wrath of Article 14 of the Constitution is attracted only when equals are sought to be treated differently.”

Case Briefs High Courts

How to evaluate a suit’s legality in application under Order 7 Rule 11(d) of CPC? Calcutta High Court answers

When evaluating an application under Order VII Rule 11(d), the court should determine whether the suit is barred by law based on the allegations in the plaint taken as true.

Case Briefs High Courts

Whether insisting the deceased to repay the loan borrowed and telling him to die amounts to abetment to suicide? Karnataka HC answers

In the case of suicide, mere allegation of harassment of the deceased by another person would not suffice unless there be such an action on the part of the accused which compels the person to commit suicide.

Case Briefs High Courts

Subsequent purchase of land acquired by State does not give purchaser right to challenge acquisition: Calcutta High Court

Calcutta High Court held that the issuance of a subsequent notification and the notice by the National Highway Authority did not affect the validity of the earlier acquisition.

Case Briefs High Courts

‘Unlikely to be implicated in multiple FIRs at whims and fancies of Investigating Agency’: Punjab and Haryana HC refuses bail in NDPS matter

Deciding for similar facts, the Supreme Court had granted anticipatory bail, as cited by Punjab and Haryana High Court in the instant matter.

Case Briefs High Courts

Expression of Interest must adhere to principles of fairness and non-discrimination; lack of transparency renders it arbitrary: Calcutta High Court

The Calcutta High Court held that an Expression of Interest can be treated as an offer if it lacks consideration and obliges one party to accept it without the opportunity to make a counteroffer.