Case Briefs Archives

Karnataka HC refuses to quash charges against former intern of IIS allegedly involved in data theft of Light Combat Aircraft and selling it on Dark Web

The Court stated that necessity to regulate the usage of dark web has become the need of the hour and persons involved in acts of uploading sensitive data of defence of the nation on to the dark web should be dealt with iron hands.

Case Briefs High Courts

‘When father takes role of predator, it has serious impacts on humanity’; Orissa HC upholds father’s conviction for raping minor daughter

“The delay in lodging FIR in cases of child rape should be taken with much sensitivity and the Courts concerned must judiciously weigh all the surrounding factors which led to such delay as discarding the otherwise meritorious case of the victim merely because there was failure to knock at the portals of justice in a time-bound manner would mean nothing but adding a pinch of salt to the victim’s injury.”

Case Briefs High Courts

Madras High Court dismisses lawyers’ pleas praying to participate as eligible candidates in direct recruitment to the post of Civil Judge

“If the plea of the petitioners is accepted, it would amount to opening a Pandora box and several other similarly candidates would start knocking at the doors of this Court with the similar demand and in that case, recruitment will turn out to be a never-ending process as the examination is scheduled on 19-08-2023.”

Case Briefs High Courts

Unambiguous intent required for incorporating Arbitration Clause by reference under Section 7(5) of the Arbitration and Conciliation Act, 1996: Calcutta High Court

In the instant matter, the primary issue was the incorporation of arbitration clauses from the Master Facility Agreement and Settlement Agreement and the maintainability of a composite reference.

Case Briefs High Courts

Rajasthan High Court: Chest measurement criterion for female candidates is arbitrary, outrageous and lacks sensitivity

“When the yardstick of minimum chest size is not provided for other government jobs involving comparable or more physical activity, one does not see any rhyme or reason behind the criterion in question, particularly for female candidates.”

Case Briefs High Courts

‘Mere fining not sufficient’; Uttaranchal High Court directs State to blacklist handlers/owners who subject their Equines to cruelty, maltreatment

“The District Magistrate concerned is to ensure that sufficient police force is deployed at barrier to prevent forced unauthorized entry into Yatra Route by unregistered handlers, along with their unregistered Equines and any other routes, which are not barricaded, should be blocked to prevent unauthorized entry.”

Case Briefs High Courts

Delhi High Court restrains Hi Tech Private Limited from using the marks HTA or ARS-HTA

“there is no requirement, in law, of a mark having to be registered under the Trade Marks Act, 1999 and the fact of non-registration is, at best, an extremely weak ground on which user of the mark can be doubted.”

Case Briefs High Courts

Andhra Pradesh High Court stays construction of houses for Economically Weaker Sections in Amaravati R5 Zone

“If the construction is completed it will be a fait accompli. The loss will be irreparable. Balance of convenience is in favour of maintaining the status quo with respect to the construction of houses in R5 zone till the final judicial orders are passed.”

Case Briefs High Courts

Right to Vent| Madras High Court quashes charge memo against bank employee who mocked higher authorities on WhatsApp group

“When even prisoners have fundamental rights and it has been declared by the Supreme Court that Part III of the Constitution does not stop at the prison gates, it would be ridiculous to suggest that the moment a person becomes a bank employee, he has to bid good-bye to Article 19(1)(a).”

Case Briefs High Courts

Selection Committee need not record reasons for its decision as long as due consideration was given to candidate’s merit: Delhi High Court

“The role of the Selection Committee is neither judicial nor adjudicatory. In the absence of any rule or regulation, there was no obligation on the Appointments Committee of the Cabinet (‘ACC') for providing reasons while passing the order regarding approval or non-approval of a candidate.”

Case Briefs Supreme Court

Supreme Court upholds P&H High Court’s order striking down decision of HSIIDC to conduct manual auction from end stage of e-auction

“Public interest need not remain exclusively limited to ensuring maximum revenue accrual for the government. Instead, public interest includes, without limiting itself to, a fair, transparent and stable process which all executive actions must adhere to.”

Case Briefs Supreme Court

CCTV in Court complexes; Judicial Infrastructure Digitisation: Supreme Court’s big guidelines for improved security for all stakeholders

“Preserving the sanctity of a court as a space where justice is administered and the rule of law upheld being non-negotiable, it is critical that judicial institutions take comprehensive steps to safeguard the well-being of all stakeholders.”

Case Briefs High Courts

Burden of Proof remains unshifted on failure to substantiate misrepresentation contentions; Calcutta High Court dismisses partition appeal

“The appellants/plaintiffs are to prove their own case and they cannot bank upon the laches on the part of the respondent/defendants.”

Case Briefs High Courts

Google’s use of trade marks as keywords for display of advertisements, amounts to ‘use’ under Section 29(6) of Trade Marks Act, 1999: Delhi High Court

“There is nothing illegal in seeking out internet users as targets for advertisements that they may find relevant. In brick-and-mortar world, there will be no question of infringement if customers looking for a product are also offered products of rival competitors”.

Case Briefs High Courts

‘Demolition carried out is in violation of interim orders’; Patna High Court initiates contempt case against officials of Patna Municipal Corporation

“A contempt case is initiated against the Municipal Commissioner, the Additional Municipal Commissioner, the Executive Officer and the Executive Engineer of the Patna Municipal Corporation; and against the Project Director of the Patna Smart City.”

Case Briefs Supreme Court

Supreme Court strikes 75% marks criteria in Class 12 for sports quota

“The objective of introducing the sports quota i.e., 2% of intake, was to promote and encourage those who excelled and gained a certain degree of prescribed proficiency and achievement in defined competitive sports.”

Case Briefs Supreme Court

“Right to education not only includes free and compulsory, but also quality education”; Supreme Court rules B.Ed. Graduates ineligible for primary school teaching

Supreme Court said that B.Ed. is not a qualification for teachers at Primary level of schooling. The pedagogical skills and training required from a teacher at Primary level is not expected from a B.Ed. trained teacher.

Case Briefs High Courts

No eviction under Section 108 of Transfer of Property Act on unauthorized construction outside tenanted portion: Calcutta High Court

Calcutta High Court remanded the eviction case to First Appellate Court on finding that the alleged construction was outside the tenancy property.

Case Briefs High Courts

Delhi High Court directs Registrar of Trade Marks to remove Deal International’s mark ‘SHERRIN’ due to non-use and trade mark squatting

“The logo and style of writing of the mark ‘SHERRIN’ having been designed in Australia by Russell Corp Australia (P) Ltd., several years prior to the application filed by Ashok Mahajan, trading as Deal International, is also liable to be protected under the law of copyright.”

Case Briefs High Courts

Assailing vires of a statutory provision does not oblige Court to examine and entertain petitions: Bombay High Court

Bombay High Court allowed the petitioner to avail the remedy of appeal under Section 406 of MMC Act assailing the impugned assessment orders within 4 weeks, to be adjudicated by appellate authority on merits.