Case Briefs Archives

Complaints which are not substantiated by evidence, and remain unproved are acts of cruelty: Delhi High Court upholds the divorce decree

“Thus, while looking at acts of mental cruelty, the court must look at the married life as a whole and not merely a few isolated incidents.”

Case Briefs High Courts

‘Courts cannot be used as marriage facilitators’; Delhi High Court denies anticipatory bail to man accused of raping woman on pretext of marriage

“The Courts cannot be used as a forum for pressurizing the accused to get married to the victim or be denied bail, or by the accused for obtaining bail by asking the complainant to appear before the Court and state that he was ready to get married to her.”

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC directs ICICI bank to pay 25 lakhs compensation over lost property documents

“The issue is not of fixing a value to a piece of real estate which the complainant is in possession of. Rather, it is one of compensation for the deficiency in service and of indemnifying the complaint against any future loss.”

Case Briefs High Courts

Delhi HC grants permanent injunction to Mattel Inc. for ‘Rainforest Family’ characters and word mark ‘KICK AND PLAY’ for its baby gym products

“The plaintiff’s baby gym product is quite a distinctive product which is designed in a particular form along with depiction of characters which are known loosely as a ‘Rainforest Family’ characters.”

Case Briefs High Courts

Cruelty and Dowry Death | ‘Rare and exceptional case’ prompts Bombay High Court to stay conviction of mother-in-law

Bombay High Court expressed that it was persuaded to stay her conviction due to the fact that she was employed as a sweeper and had to provide for basic needs of her grandchildren.

Case Briefs High Courts

Calcutta High Court temporarily postpones judgment delivery in Teacher-Recruitment scam case; directs production of printed documents

The instant matter revolves around a petition filed by Trinamool Congress MP Abhishek Banerjee for quashing the criminal case registered against him in relation to Teacher-Recruitment Scam case.

Case Briefs Supreme Court

Supreme Court lays down tests for deciding legality of preventive detention orders

The Court also revisited the difference between disturbances relatable to ‘law and order’ and disturbances caused to ‘public order’ and said that it is trite that breach of law in all cases does not lead to public disorder.

Case Briefs High Courts

Relevance of the documents sought under Order VII Rule 2 of CPC should be stated in the affidavit: Andhra Pradesh High Court upholds Order dismissing application

“It is not stated in the affidavit as to how the documents are relevant to the suit except stating that, the documents are important and crucial documents to prove that the promissory note suit is a rank forged and materially altered.”

Case Briefs High Courts

Treating ‘HARPIC DRAIN XPERT’ similar to ‘XPERT’ would be stretching the principle of similarity to an unreasonable extent: Delhi High Court upholds registration

“To hold that a customer would be confused, because the word ‘XPERT’ forms the second part of the second word of the impugned mark, would be consigning reality to oblivion.”

Case Briefs High Courts

Madras HC directs Principal Sessions Court to hear V Senthil Balaji’s bail plea in money laundering case; Set aside transfer of case to MP/MLA Court

“Since the territorial jurisdiction of the present case is in Chennai only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government, which comes under the jurisdiction of the PDSJ, Chennai, naturally the said case has to be tried in the said Court”

Case Briefs High Courts

Whether a person fighting against militancy can be considered a ‘freedom fighter’ under Swantantrata Sainik Samman Yojna? J&K and Ladakh HC answers

The Court answering the question in negative stated that eligibility under the scheme requires for the person to have participated in the National Freedom Struggle.

Case Briefs High Courts

Allahabad HC directs Chief Secretary to issue circular to State Departments to expeditiously complete all formalities for releasing post retiral dues

“The respondents being “State” under Article 12 of the Constitution of India, its officers are public functionaries. Under our Constitution, sovereignty vests in the people. Every limb of constitutional machinery, therefore, is obliged to be people oriented. Public authorities acting in violation of constitutional or statutory provisions oppressively are accountable for their behavior”

Case Briefs High Courts

School kids row thermocol rafts to cross snake infested Jayakwadi backwaters; Bombay High Court takes suo motu cognizance

Bombay High Court took note of news report published by Times of India in Sunday Times, Aurangabad Edition titled as “Kids row thermocol rafts with makeshift oars to cross Jayakwadi backwaters, attend school”.

Case Briefs High Courts

Patna HC reads down the words “with approval of” as “in consultation with” for appointment of teachers; saves constitutionality of Section 57A(5) of Bihar State Universities Act, 1976

“The rule of reading down a provision of the Act is a rule of harmonious construction used in order to save such provision from being declared unconstitutional.”

Case Briefs High Courts

“A death in custody is a slur on a civilised State and completely unacceptable”; Meghalaya HC fixes quantum of compensation for custodial deaths

“The next and kin of the deceased prisoner will be entitled to a sum of Rs.15 lakh if the victim was below 30 years of age; a sum of Rs.12 lakh if the victim was below the age of 45 years but above the age of 30 years and, a sum of Rs.10 lakh if the victim was above 45 years of age, as on the date of death”.

Case Briefs High Courts

Welfare of the child in custody matters is foremost; Delhi High Court appoints maternal grandparents as ‘guardians’ of minor

In the matters of Guardianship and Custody, the dilemma is that the logic may say that the child must be in the custody of his father, but the circumstances and the intelligent preference of the child point out that it is not in the interest and welfare of the child to uproot him from the family where he has been happily entrenched since the age of 1½ years.

Case Briefs Supreme Court

Accused cannot seek anticipatory bail without successfully assailing order declaring him a proclaimed offender: Supreme Court

There was a declaration of the accused as a proclaimed offender, and such declaration was subsisting on the date of the impugned order, thus, the Supreme Court disagreed with the High Court that the accused was entitled to ‘reform and course correct’.

Case Briefs High Courts

Gujarat High Court holds selection of tender through random algorithm process by machine as transparent and fair

“No arbitrariness can be attached to the selection process through random algorithm method, as there is no human intervention in selection of the bidder”.

no opt out policy discussion lgbtq+ books

Case Briefs Foreign Courts

US District Court rules Montgomery County Public Schools’ “No-Opt Out” policy for LGBTQ+ Inclusive Books does not violate children’s religious beliefs

The Court opined that the policy does not prevent parents or children from exercising their religious obligations. In fact, the policy serves the school’s legitimate interest of fostering social integration and cultural inclusiveness of transgender and gender nonconforming students.

Case Briefs High Courts

Principle of res ipsa loquitur in stricto sensu shall not apply to cases falling under Section 304-A of Penal Code, 1860: Uttaranchal High Court

“The res ipsa loquitur is applicable in a civil action under the tort and the same cannot be pressed into service in a criminal case to prove negligence.”