Case Briefs Archives

Situation like a theft being committed in a police station; Delhi High Court grants injunction against Indian companies to use logo similar to Japan Patent Office

This is a case where the Intellectual Property Office of Japan has found itself at the receiving end of infringement and imitation by unscrupulous Defendants. The defendants’ use of the identical mark and logo would be violative of the Plaintiff’s goodwill and brand equity.

Case Briefs High Courts

‘Right to fair investigation and trial is fundamental right of victim as well’: Rajasthan High Court quashes order transferring the investigation without reason

“First progress report of the investigation has been called for in seven years. Moreover, the administrative instruction has not been followed inasmuch as more than thrice transfer of investigation of the case was not permissible.”

Case Briefs High Courts

‘False promises made, huge scam committed’; Gujarat HC refuses to quash criminal proceedings against Mehul Choksi and Gitanjali Group Director

“Mehul Choksi left the country long ago and he did not cooperate with any prosecution, though various complaints are filed against Gitanjali Gems as well as in his individual capacity. He has no respect towards the process of law”.

Case Briefs High Courts

Explained | Allahabad High Court’s verdict on burden of proving claim for tax concession

Allahabad High Court said that once the corresponding State authority has sent information that only one purchase made by the purchasing dealer could be verified, the benefit of other purchases as alleged to be made by the revisionist against Form C cannot be granted.

Case Briefs High Courts

W.B. Panchayat Election 2023 | Calcutta High Court issues ‘Rule NISI’ under Rule 19 of Calcutta High Court Contempt of Court Rules, 1975

Calcutta High Court issue the ‘Rule NISI’ for non-compliance with Court orders to deploy central forces for election security during West Bengal Panchayat Election 2023.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Supreme Court Verdict on Same Sex Marriage: Breakdown of the Agreements and Disagreements

In a verbose verdict running into 366 pages, the 5-judge Constitution Bench of Dr DY Chandrachud, CJI and Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, PS Narasimha, JJ wrote 4 opinions on the Same Sex Marriage matter where they agreed on some points and disagreed on others.

Case Briefs Supreme Court

State has obligation to provide support persons to POCSO victims, which cannot be made optional: Supreme Court

Supreme Court directed NCPCR to formulate model guidelines after due consultation with the Central and State Governments for the States and Union Territories to frame their rules respecting the support persons under Section 39 of POCSO Act.

Case Briefs High Courts

Delhi High Court stays eviction order passed against Rajya Sabha MP Raghav Chadha

The Government and its public officer; from which it must be inferred that the terms Government and public officer cannot be conflated to be one-and-the-same. Thus, the description of the defendant as “Rajya Sabha Secretariat, through its Secretary General” cannot be taken to mean that the Rajya Sabha Secretariat and the Secretary General are one and-the-same thing or that relief has been sought against the Secretary General.

Case Briefs High Courts

Karnataka HC sets aside bail order on ground of denying informant the right to participate in proceedings

The High Court also issued directions for effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about filing of regular and anticipatory bail applications and other connected issues.

Case Briefs High Courts

[S. 376 IPC] Delhi High Court| Discharging an accused based on the outcome of the polygraph test at the stage of charge is erroneous

The issue under consideration is whether the result of a polygraph test can become ground of discharge of an accused at stage of charge and could the learned Judge while passing order on application for grant of anticipatory bail, pass an order suggesting to the IO to conduct polygraph test of accused and victim to ascertain the truth of the matter without there being a prayer by accused or prosecution.

Case Briefs High Courts

Delhi High Court refuses to stay the registration for the mark ‘SCHEZWAN CHUTNEY’

“This Court is not inclined to stay the impugned trade mark registration for the mark ‘SCHEZWAN CHUTNEY’. Moreover, the issue of jurisdiction of this Court would have to be considered first.”

plea against Senior Advocates' designation

Case Briefs Supreme Court

‘Expertise and Merit are the criteria for Senior Advocates’ designation’; Know Why SC rejected plea against validity of S. 16 of Advocates Act

“There has been large growth in the legal profession of first- generation lawyers making their mark, some of them young ones, coming from National Law Schools and other prominent Law Schools”.

Case Briefs Supreme Court

Decoding Supreme Court three Judge bench verdict in 26-week pregnancy case

Supreme Court said that the delivery will be conducted by AIIMS at the appropriate time and the Union Government will bear all the medical costs for the delivery.

Case Briefs High Courts

Bombay High Court denies appointment of arbitrator for dispute against MSME

Bombay High Court held the instant applications under Section 11 of Arbitration Act as non-maintainable and dismissed the said applications.

Case Briefs High Courts

‘Failed to implement 4% reservation criteria for persons with benchmark disability’; Delhi HC sets aside 2018 recruitment advertisement published by Kendriya Vidyalaya Sangathan

“An act of discrimination is not only a denial of promise of equal protection before the law. Rather, every act of exclusion is an assault on the dignity of a person. Instead of providing an equal space to grow, we have been compelling the persons with disabilities to prove, time and again, that they are capable of a lot more than we think.”

Case Briefs Supreme Court

‘Irretrievable break down of marriage’ not a straight-jacket formula for divorce under Article 142: Supreme Court

The Supreme Court considered an appeal seeking divorce for husband and wife aged 87 years and 82 years respectively, on the ground of irretrievable breakdown of marriage.

Case Briefs District Court

NIA Special Court grants bail to General Secretary of Social Democratic Party of India alleged to be a member of Popular Front of India (PFI)

The Court stated that the objections raised by respondent that if petitioner was released on bail then he may abscond to evade criminal justice, are untenable because the petitioner is a Secretary for SDPI political party.

weighted average method for captive user

Case Briefs Supreme Court

Rule 3(1)(a) of Electricity Rules and Proportionality Principle | Apply Weighted average method for proportional electricity consumption if captive user’s shareholding in CGP fluctuates: SC

The weighted average shareholding method is applied by taking average shareholding held by particular shareholder for the year for the purpose of calculating proportionate electricity required to be consumed by it in terms of the second proviso of Rule 3(1)(a).

Case Briefs High Courts

Non-possession of valid Permit entitles Insurance Company to recover compensation paid, from the owner of vehicle: Delhi High Court

“Right to recover the compensation will also be available to the Insurance Company where the offending vehicle is being operated at the time of the accident at a place for which it does not have a valid Permit.”

Case Briefs High Courts

“Parameters for approval to investigate a public servant are not as stringent as the parameters for granting sanction to prosecute a public servant”: Karnataka HC

“If the aspersions cast on the integrity of a public servant and the Investigating Officer harbours a view that an investigation is necessary, it would be in the interests of both the Government and the public servant that such a nagging suspicion is obliterated”.