Case Briefs Archives

Delhi High Court restrains China Social from using mark ‘SOCIAL’ for services related to food; grants injunction to Impresario Entertainment and Hospitality (P) Ltd.

“There is every likelihood of defendant’s cloud kitchen services being perceived as another extension of plaintiff’s services owing to the nature of the ‘SOCIAL’ series of marks used by plaintiff.”

Case Briefs High Courts

Wife expressing doubt towards her husband for frequently coming late at night does not constitute cruelty: Chhattisgarh High Court sets aside divorce decree

“It cannot be stated that the allegations attributed to the husband were completely wrong, but the facts would reveal that the allegations were made on account of the abnormal unexplained behaviour of the husband.”

Case Briefs Supreme Court

Supreme Court | No bail for Manish Sisodia in Delhi Liquor Excise Policy Scam case

In case of a sloppy trial, the Supreme Court kept scope for Manish Sisodia to file another application for bail.

Case Briefs High Courts

[National Policy on Biofuels] Change in policy causing hardship or contrary to group interest does not necessarily render it unconstitutional: Delhi HC

Policies are often drafted keeping in view the larger public interest, balancing various competing interests. Unless a policy is manifestly arbitrary, discriminatory, or mala fide, the wisdom and advisability of governmental policies are outside the purview of judicial review.

Case Briefs High Courts

‘Reputation is a crucial factor in society’; Calcutta High Court grants ad interim injunction restraining posting of defamatory content

Right to freedom of speech and expression does not confer right in absolute form to tarnish someone’s image and reputation which he/she owns in the society.

Case Briefs High Courts

Madras HC directs Union Govt. and Nigerian embassy to pursue requests of two women claiming compensation from past 11 years, for husbands’ death in Nigeria

The remedy for the petitioners is only as against the Private Company by filing necessary applications at Nigeria. However, these poor widows cannot pursue the litigations in Nigeria and therefore, there is a responsibility cast upon the Ministry of External Affairs and the Ministry of Overseas Indian Affairs to take appropriate action through the Embassy to redress the grievance of these petitioners.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Restricted use of firecrackers’; ‘No authority can violate Supreme Court’s directions and permit banned firecrackers under the guise of celebration’: NGT

“The use of firecrackers in cities/towns where air quality is ‘moderate’ or below was restricted to only green crackers only and for duration of not more than two hours and only for celebration of any specified festival or occasion”.

Case Briefs High Courts

Delhi High Court grants interim injunction to SmithKline Beecham Limited for its ‘GSK’ mark

“Considering that the plaintiff operates in the pharmaceutical and medicinal sector and is also registered for the ‘GSK’ mark, the use of an identical mark, especially in an identical colour combination, is clearly dishonest and mala fide.”

Case Briefs Supreme Court

Land Acquisition Compensation Rate | ‘11 years gap pretty large’: Supreme Court reduces 15% annual increase to 8%

Supreme Court considered what would be fair and just compensation to do justice between the parties so that landowners get a fair and reasonable compensation for losing their land.

Case Briefs High Courts

Delhi High Court quashes proceedings under S. 56 FERA for violation of principles of natural justice

It is for violation of Section 18(2) and Section 18(3) of the FERA that would entail action under Section 56 FERA, but the intervening threshold of issuance of show cause notice/opportunity notice and hearing the notice before passing the decision upon such mandatory application of principles of natural justice alone that the action under Section 56 could, at all, have been initiated.

Case Briefs High Courts

‘Right to marry a person of their own choice is indelible and protected under Constitution’: Delhi HC directs State to provide protection to couple who married against parents’ wishes

“There is no doubt about the factum of marriage between the petitioners and the fact that they are major. No one, not even the family members can object to such relation or to the matrimonial ties between the petitioners.”

Case Briefs Supreme Court

Strong incriminating evidence required for application of Res Ipsa Loquitor doctrine; SC upholds NCDRC order denying medical negligence

“For applying the principles of Res Ipsa Locutor, it is necessary that a ‘Res’ is present to establish the allegation of negligence.”

Case Briefs High Courts

Delhi High Court | DNA Test vitiates the Legal Presumption of Paternity under Section 112 of Evidence Act

Section 112 of the Evidence Act underscores the principle that children born within the confines of a legally recognized marriage are deemed legitimate per se and it ensures that no unwarranted assumptions of impropriety or moral transgressions are made and instead places the burden of proof on those who contest the child’s legitimacy.

District Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Bengaluru DCDRC dismisses medical negligence case against Apollo Hospitals due to absence of necessary party and related documentary evidence

The Commission stated that the treating doctor is the best judge in a case where multiple options/ tests are available in respect of a particular ailment.

Case Briefs High Courts

‘Can have communal over-tones’; Delhi High Court denies ‘Mission Save Constitution’ to hold All India Muslim Maha Panchayat on Ramlila ground on 29-10-2023

“Though Articles 19(1)(a) and (b) of the Constitution gives freedom to raise one’s voice but the possibility of the event creating a law-and-order situation which can result in loss of lives, property, etc is an important factor which has to be taken into account by the law enforcement agencies.”

Case Briefs High Courts

Wife’s resistance to stay apart from husband does not constitute cruelty; Chhattisgarh High Court sets aside divorce decree

“It is well settled that in the matrimonial house, the wife should not be treated as hired chattel or a bonded labour to stay under the conditions imposed by the husband.”

Case Briefs High Courts

Extremely difficult for examination agencies to identify exact number of students engaged in malpractices; Delhi HC dismisses plea challenging cancellation of exam

“The very integrity of the entire selection process was compromised and DSEU could not determine its extent and hence, had to resort to cancelling the entire examination process, to protect the sanctity of the recruitment process.”

Case Briefs Supreme Court

Supreme Court issues directions for lower courts to curb pendency of cases in India

“When millions of consumers of justice file their cases by knocking at the doors of the courts of first instance, they expect speedy justice.”

Case Briefs High Courts

Delhi High Court grants bail to accused alleged in organised crime with Sukesh Chandrashekhar in extortion case

The court at the stage of bail has to only see the prima facie case. Even in the case of MCOCA, the court is not required to arrive at a positive finding that the applicant has not committed such an offence because in such a case it will be impossible for the prosecution to obtain a judgment of conviction of the applicant in case the bail is granted.

Case Briefs High Courts

Scope of ‘Diagnostic’ processes in S. 3(i) of Patents Act is not limited to in vivo or specific diagnosis: Madras High Court

“The line of demarcation between diagnostic and non-diagnostic tests may not always be bright and could blur on occasion; even so, there is sufficient support both in the text and immediate context of the expression “diagnostic” in Section 3(i)”