Case Briefs Archives

COVID Protocol Violation Case | Punjab and Haryana High Court quashes FIR against Sukhbir Singh Badal

Punjab and Haryana High Court supported Sukhbir Singh Badal's claim of case being bereft of substance after joint reference to all the sections in the FIR.

Case Briefs Supreme Court

Executing Court cannot hold execution decree inexecutable, merely because decree-holder lost possession to an encroacher: Supreme Court

“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”

Case Briefs High Courts

‘DATAPAQ’ as a whole is a registered trade mark, no exclusivity is vested in ‘DATA’ or ‘PAQ’ separately: Delhi High Court

“The appellant's mark ‘DATAPAQ' has been registered in a large number of countries and the appellant has a number of marks ending with ‘PAQ '. Thus, the mark is consistent with the series of marks being used by the appellant.”

Case Briefs High Courts

Limitation period to file counter statement to notice of opposition would run from date of receipt of e-mail: Madras High Court

Madras High Court directed the Registrar of Trade Marks to re-consider and decide the matter on merits after providing a reasonable opportunity to both the parties

Case Briefs Supreme Court

Test Identification Parade does not violate Article 20(3) of Constitution: Supreme Court upholds conviction order of murder convict

The Supreme Court viewed that after the introduction of Section 54A in CrPC, an accused is under an obligation to stand for Test identification parade.

Case Briefs High Courts

Principal Amount should be static; Arbitral Tribunal cannot add pre-reference interest to the principal amount: Delhi High Court

“The interest awarded for that period could not have been subjected to a further levy of interest running through the period during which proceedings remained pending before the tribunal.”

Case Briefs High Courts

Husband’s Live-in Partner not being a ‘relative’ cannot be prosecuted for cruelty under IPC Section 498A: Kerala High Court

“By no stretch of imagination, a girlfriend or even a woman who maintains sexual relations with a man outside of marriage in an etymological sense would be a ‘relative’.”

Case Briefs High Courts

Gauhati HC sets aside conviction and sentence of a rape accused due to inconsistencies in the deposition of the prosecution witnesses

The Court was of the view that the depositions did not have the requisite sterling quality and inconsistencies in the same created serious doubt regarding the nature of the alleged sexual offence but also credibility of the deposition.

Case Briefs Supreme Court

“Where women are respected Gods live there”; Supreme Court cancels bail of Rajasthan MLA’s son in 15-year-old’s gang-rape case

The Supreme Court was of the opinion that the Rajasthan High Court seemed to have been primarily swayed by the delay in filing the complaint i.e. 13 months for granting bail in favour of the accused, without considering other important facts.

Case Briefs High Courts

Article 226 does not empower High Court to issue positive direction for Muslim Marriage Registrar post creation: Calcutta High Court

Calcutta High Court directed the appellant to consider the formation of the new Police Station and relevant rules to create a permanent or temporary MMR post.

Case Briefs High Courts

Changing gender is a constitutionally recognised right: Allahabad HC directs DGP to allow lady constable for Sex reassignment surgery

If modern society does not acknowledge this vested right in a person, then it is only encouraging gender identity disorder syndrome

Case Briefs High Courts

Rajasthan High Court appoints sole arbitrator where performance security was forfeited without considering force majeure clause

“The Court exercised the powers conferred under Section 11 of the Arbitration and Conciliation Act, 1996 and appointed, Jai Prakash Narayan Purohit, Retired Additional District Judge, as the sole Arbitrator to adjudicate the dispute between the parties.”

Case Briefs High Courts

Social ostracisation is anti-thesis of humanity: Madras HC directs State to grant reservations to Transgender persons in local body elections

Transgenders have to be absorbed into the mainstream activities of society and for that, a change in attitude towards them is essential. Each human being has their own likes and dislikes, but when it comes to living in a society under the umbrella of togetherness, it is vital to accept the differences within us.

Case Briefs High Courts

Delhi High Court issues guidelines for mediators to be followed while recording mediation settlements in heinous crimes

Settlement of non-compoundable offences through mediated settlement agreements is not permissible. Even otherwise, to permit the accused and complainant to compromise an offence on payment of money, in session triable serious criminal cases which attracts punishment up to life, cannot be subject matter of mediated settlement agreements.

Case Briefs High Courts

Delhi High Court modifies patent injunction to the extent honeycomb panels are for supply to the Ministry of Defence

“The defendant is selling honeycomb panels to the Ministry of Defence since 2012 and containers of the defendant cannot be sold without the panel, considering the purpose for which containers are stated to be needed, that too by the Ministry of Defence.”

Case Briefs High Courts

Allahabad HC directs Commissioner to take suitable action against Police personnel involved in custodial violence of boy arrested for obstructing traffic

Allahabad High Court was not convinced with the version of the Police personnel, that such injuries on the petitioner’s skin occurred due to friction on the road when the Police personnel tried to pick him up and put him in the police vehicle.

Case Briefs High Courts

Archbishop Patriarch of Goa not ‘public authority’ under RTI Act: Bombay High Court

“The power to strike down offending law is a scalpel, not a machete.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

“‘Works Contracts’ leviable to service tax only from July 2012 onwards”; Customs, Excise & Service Tax Appellate Tribunal, Chennai

“After the insertion of Section 65B (54) in the Finance Act 1994, from 01-07-2012 onwards, the definition of ‘works contract’ was expanded to include repair and maintenance services of movable properties. Hence, the composite contracts for repair and maintenance of motor vehicles are leviable to service tax from said date.”

Case Briefs Supreme Court

Supreme Court Ruling on the Principles governing issuance of Writ of Certiorari: All you need to know

“The purpose of certiorari is only to confine the inferior tribunals within their jurisdiction, so as to avoid the irregular exercise, or the non-exercise or the illegal assumption of it and not to correct errors of finding of fact or interpretation of law committed by them in the exercise of powers vested in them under the statute”.

Case Briefs High Courts

“Absurd and improbable”: Calcutta High Court sets aside maliciously instituted criminal case with no sufficient grounds for legal action

While quashing the criminal proceeding filed against petitioners, the Calcutta High Court held that the same is lacking with substantial evidence and is institutes with malicious intent.