Case Briefs Archives

Inside Supreme Court verdict on the eradication of Manual Scavenging in India

“For ours is a battle not for wealth or for power. It is a battle for freedom. It is the battle of reclamation of human personality.”- Dr. B. R. Ambedkar

Case Briefs High Courts

Delhi High Court grants interim injunction to Phonographic Performance Limited in a copyright infringement dispute

“Forbearance from granting such relief would enable the defendants to continue exploiting the plaintiff’s copyright, which would result in irreparable prejudice to the plaintiff.”

Case Briefs High Courts

‘Listings play crucial role in online marketing, sales’; Delhi High Court restrains Grey Mantra Solutions from manufacturing tea products in trade dress identical to ‘Chaayos’

“Listings play a crucial role in online marketing and sales. Copying of listings also indicates that defendant is trying to pass off its products as that of plaintiff, in view of the point-of-sale confusion that becomes clearly possible.”

Case Briefs High Courts

Notification disallowing use of donor gametes in surrogacy contradicts principles under Surrogacy (Regulation) Act, 2021 and Assisted Reproductive Technology (Regulation) Act, 2021: Delhi High Court

“Notification No. 179(E) issued by the Ministry of Health and Family Welfare must be held to be prospective in application as petitioners have already secured requisite Certificate of Medical Indication from Delhi State Level Medical Board, Department of Family Welfare prior to amendment taking effect.”

Case Briefs Supreme Court

Disclosures in criminal matter cannot unreasonably step over right to privacy: Supreme Court acquits woman accused of killing newborn

“Thrusting upon a woman the guilt of having killed a child without any proper evidence, simply because she was living alone in the village, thereby connecting with one another two unrelated aspects; reinforces the cultural stereotypes and gendered identities which the Court has explicitly warned against.”

Case Briefs High Courts

Delhi High Court quashes FIR registered u/s 12 of POCSO Act against man suffering from Psychosis with Borderline Intellectual Ability

“The medical board has opined that the petitioner required regular medical care and supervision and the support of the family members for his compliance to the medical treatment.”

Case Briefs Supreme Court

HC Judges taking up case not assigned by the Chief Justice an act of gross impropriety: Supreme Court

Supreme Court wondered “how a Civil Writ Petition for clubbing First Information Reports could be entertained”.

Case Briefs High Courts

Can Hospitals refuse to perform transplants from non-related organ donors? Madras High Court answers

“The apprehensions and reluctance of the hospitals here to entertain organ transplantation between non-relatives is more due to inadequate awareness of the law on the topic. All it now requires is proper legal education on the subject for the physicians and the hospitals, and this Court expects the Govt. to take the lead in the matter.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Timelines are of great significance in IBC’; NCLAT dismisses condonation of delay application

Limitation shall commence from the date when order is passed and shall not depend on the date when Appellant came to know of the order.

Case Briefs High Courts

[PMLA] Delhi High Court refuses bail on medical grounds; Directs Jail Superintendent to ensure safety of the accused

While the applicant’s right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.

Case Briefs High Courts

[Nykaa v. Oykaa] Delhi High Court restrains use of mark ‘Oykaa’ in respect of cosmetic, healthcare products

“The mark, the name, and the overall look and feel of the website gave a clear impression that defendants are making a deliberate attempt to imitate and copy plaintiffs name/mark ‘NYKAA’ only to gain monetarily by such deception.”

Case Briefs High Courts

Calcutta High Court directs Competent Authority to enquire alleged irregularities in Diamond City West Apartment Owners’ Association

The Competent Authority’s power to act on complaints is not limited to complaints made by the Association or a majority of its members, it also extends to cases where the Association or its top management might be involved in the alleged wrongdoings

Case Briefs High Courts

Calcutta High Court quashes unauthorised construction charge under Section 401A of KMC Act, 1980

If the complaint’s allegations and the evidence collected do not disclose the commission of any offense, and if they fail to make a case against the accused, the Court can quash the alleged complaint to secure the ends of justice.

Case Briefs Supreme Court

Supreme Court refers authoritative determination of meaning of ‘vacant land’ to Larger Bench

Supreme Court opined that the interpretation, spirit and object of the Ceiling Act as envisaged during enactment and juxtaposed against the regressive impact experienced in different States as indicated in Statement of Objects and Reasons of the Repeal Act required authoritative determination of related issues by a Larger Bench.

Case Briefs High Courts

‘Live-in relationships are timepass, temporary and fragile’: Allahabad High Court remarks

Allahabad High Court saysthat live —in relationships are more of infatuation against opposite sex without any sincerity.

Case Briefs High Courts

Husband’s moral duty to maintain wife does not mean to squeeze milk from husband making marriage a felony for him: Jharkhand High Court

“The object of Section 125 CrPC is Social Justice and also to ensure the dignity of individual as enshrined in the preamble of the Constitution of India.”

Case Briefs High Courts

Demands made to recover loan amount cannot be treated as abetment to suicide: Chhattisgarh High Court

“If there was any unlawful activity performed by the petitioner to recover the loan amount, either the deceased or her husband could have taken shelter of any competent Court of law or made a complaint before the police authorities, which is missing in this case.”

Case Briefs High Courts

Executing Court having jurisdiction to execute award, can be any Court anywhere in the country, where decree can be executed: Allahabad HC reiterates

Allahabad High Court noted that the issue regarding the jurisdiction of the Executing Court was neither doubted nor was referred.

Case Briefs High Courts

‘Grave dearth of areas for people to go for a walk’; Uttaranchal HC directs authorities to reserve Nainital’s Lower Mall Road for pedestrians between 6 am to 8:30 am

“The direction shall be regularly, punctually, and strictly followed without fail and the District Magistrate, Nainital and Police Authorities shall ensure strict compliance.”

Case Briefs Supreme Court

SC cancels murder accused’s bail as witnesses turn hostile; Orders fresh cross-examination and witness protection

Supreme Court found the case fit for recalling the witnesses for further cross-examination but added that the power to recall witnesses under S.311 CrPC ought to be exercised sparingly and mere hostility by a witness, per se, would not be sufficient grounds to infer misuse of concession of bail.