Case Briefs Archives

Delhi High Court grants permanent injunction to Pernod Ricard India for its packaging/label/get-up under the mark ‘Imperial Blue’

“The defendants are allowed to use the mark ‘Imperial Vat No.1’ as their trade mark for any fresh manufacture, along with the proposed packaging/label/get up and with the emblem/coat of arms, without the mark/name ‘Green Valley’.”

Case Briefs High Courts

Uttaranchal High Court takes suo motu cognizance of Virat Kohli’s video addressing issue of deprivation of rights of children to play outdoor sports in their localities

“The result of children being denied the right to play outdoor sports in their own localities and colonies is that they get reduced to display screen addicts. They spend time watching television; computer screens; tablets, and mobile phones. They do not actually play sporting games which involve physical activity but become good at playing virtual sports.”

Case Briefs High Courts

Purpose of FEO Act cannot be bypassed by taking recourse to CrPC; Bombay High Court refuses relief to Mehul Choksi

The purpose of Fugitive Economic Offenders Act is to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto.

Case Briefs High Courts

DNA tests cannot be resorted to for clearing suspicion regarding paternity: Kerala High Court

“In fact, DNA test is intended to rebut the `conclusive proof’ provided under Section 112 of the Evidence Act.”

Case Briefs High Courts

Calcutta High Court allows rally by 600 job aspirants on agreed-upon route; directs authorities to ensure security of protestors

Calcutta High Court noted that both the petitioner, 600 job aspirants who were denied Group-D appointment despite having meeting required qualifications, and respondent authorities had agreed upon a specific route for the proposed rally/procession on 27.09.2023.

Case Briefs High Courts

Gujarat HC sets aside orders for Juvenile’s trial as an adult; directs JJ Board to conduct fresh preliminary assessment

“JJ Board and the Children’s Court to conduct the preliminary assessment into heinous offences in a very meticulous way with the psychological evaluation, taking the assistance of experienced psychologist and medical specialist”.

Case Briefs High Courts

Madras HC issues notice to NIA over filing petition seeking extension of remand order under UAPA at the “eleventh hour”

The petition under Section 43D(2)(b) First proviso of UAPA Act seeking extension of remand order was filed by the respondents a day before the elapse of the 90- days period.

Case Briefs High Courts

Deprivation of conjugal rights for more than 18 years amounts to mental cruelty: Delhi High Court upholds divorce

“Their marriage had a rocky start and unfortunately, differences and the mistrust which got generated in the beginning did not let their relationship flourish further.”

Case Briefs High Courts

Abetment of Suicide| Quashing would result in miscarriage of justice as prima facie evidence supports trial: Calcutta High Court

Calcutta High Court noted that the victim was a minor on the date of the alleged suicide, which prima facie invoked Section 305 of the IPC.

Case Briefs High Courts

‘Consequences of cyber-crimes go beyond individual boundaries, impact unsuspecting victims’: Delhi High Court refuses to quash FIR against a man accused of hacking mobile

“Neither are cyber-criminals bound by restrictions of borders due to their global reach, nor do they discriminate among their victims, thereby targeting the elderly, the young, the businesses as well as the governments in the digital landscape.”

Case Briefs High Courts

Search after sunset, unexplained; Bombay High Court grants bail in NDPS case involving commercial quantity of ganja

“Prima facie the search and seizure, which is in contravention of the mandatory provisions of Section 42 of the NDPS Act prima facie makes the recovery doubtful.”

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC dismisses complaint for maintainability by applying doctrine of ‘Estoppel by Election’

“Intentional exercise of a choice between the alternatives bars the persons making the choice from the benefit of the one not selected on the principle of ‘estoppel by election’.”

Case Briefs Supreme Court

1 yr Pilot study period of Special Courts for Expeditious trials under S. 138 NI Act expires; SC to hear plea for further directions

In a suo motu petition for expeditious trial of cases under Section 138 of the NI Act, the Supreme Court directed for creation of Special Courts with retired judicial/administrative officers, as a pilot study for a period of one year from 01-09-2022 to 31-08-2023.

Case Briefs High Courts

Delhi High Court restrains fraudulent websites from using ‘Burger King’ mark under the garb of issuing franchise

“The Court recognises the need to take stringent action as the application reveals that there is misuse of the domain names and the two logos – Crescent Logo Design and Hamburger Refresh Design Logo.”

Case Briefs High Courts

[PepsiCo v Parle] Delhi High Court refuses to restrain Parle from using ‘For The Bold’ campaign as a label on its ‘B Fizz’ bottle

“The least conspicuous part of Parle’s label is, in fact, the “For the Bold!” tagline, featuring towards the lower edge of the label. It is only a customer who is particularly searching for the tagline who, therefore, would notice it.”

books state of Texas sexual content children

Case Briefs Foreign Courts

State of Texas cannot delegate categorization/rating of books to third parties based on the level of sexual content: US District Court

State has a strong interest in protecting children from obscene content in the school setting. However, READER (HB900) misses the mark on obscenity with a web of unconstitutionally vague requirements.

Case Briefs High Courts

Delhi High Court reduces maintenance expense of husband given to wife on principles of equity

There is no dispute to the legal position that the spouse is liable to maintain the other spouse and children, however, equity shall be maintained only if one is directed to pay interim maintenance to his/her capacity.

Case Briefs High Courts

[Delhi-Meerut RRTS Project] Delhi High Court dismisses resident’s plea against construction of Delhi-Meerut Regional Rapid Transport System through Siddhartha Extension

“In the act of balancing individual property rights and overarching public interest, the latter must take precedence. The scale tips in favour of a solution that serves the larger community and ensures the most efficient use of public resources.”

Case Briefs High Courts

Delhi High Court issues orders for Meta, Telegram to prevent copyright infringement of Jawan film

Delhi High Court issued directions after identification a person against whom, previous actions were being taken in the name of Ashok Kumar/ John Doe.

Case Briefs High Courts

Jharkhand High Court directs State Govt to upload all previous orders of internet suspension on the official website within 48 hours

The instant PIL sought production and publication on the websites of orders passed by the State authorities on 7-02-2022, 10-06-2022 and 11-06-2022 to carry out suspension of internet in the State.