Case Briefs Archives

IBC overrides Electricity Act; Supreme Court explains hierarchy for settling dues in insolvency cases

In the case at hand, PVVNL had argued that the rights of electricity suppliers were not subordinate and subject to the ‘priority of claims’ mechanism under the IBC.

Case Briefs High Courts

‘Family members neither baptised nor members of Church’; Bombay HC finds order against Hindu Mahar’s religious conversion “perverse, arbitrary and capricious”

The Court observed that a person gets caste by birth and remains forever unless there are circumstances indicative of the individual having embraced not only a new order but being outcasted from the original order.

Case Briefs High Courts

[Patent Infringement] Delhi High Court restrains Canva from making available its ‘Present and Record’ feature

Delhi High Court observed that the working of the Defendant’s ‘Present and Record’ feature when compared with the Claims would demonstrate that almost all the same steps therein are present in the Defendant’s product, thus, prima facie, establishing infringement.

Case Briefs High Courts

Transportation of Mortal Remains: Delhi High Court directs MEA to make accessible SOP and Guidelines for overseas Indian tourists and workers

Delhi High Court directed MEA to prominently post and make accessible the SOP and Guidelines on its website, if not already available, within one week from the date of the order.

Case Briefs High Courts

Defaulting Buyers exempted from paying 3 times the Bank Interest Rate under Section 16 of the MSMED Act when supplier is ‘medium enterprise’: Calcutta High Court

“The irrationality of the quantum of the costs imposed will be considered at the time of determining whether the Award should be set aside under Section 34 of the 1996 Act.”

Case Briefs High Courts

HIV positive patients can neither be denied employment nor promotion in employment: Allahabad High Court

HIV/AIDS patients have a right of equal treatment everywhere and they cannot be denied job opportunity or discriminated against in employment matters.

Case Briefs High Courts

Supreme Court refers Delhi Government plea challenging Union’s NCTD Ordinance to Constitution Bench

The Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 was promulgated just eight days after the Constitution Bench had decided on the issue of administrative control over transfers and postings of civil servants in the NCTD.

Case Briefs High Courts

“Can’t claim exclusive monopoly on generic word ‘VASUNDHRA’”; Delhi High Court refuses to grant interim injunction to Vasundhra Jewellers

“A party that has made an assertion that its mark is dissimilar to a cited mark and obtains a registration based on that assertion, is not to be entitled to obtain an interim injunction against the proprietor of the cited mark, on the ground that the mark is deceptively similar.”

Case Briefs High Courts

Delhi High Court refuses bail to Shakti Bhog Director in money laundering case

Delhi High Court observed that evidence placed on record lends credence to the fact that the applicant was not merely the paper director but was a director who was actively involved in the working of the SBFL.

Case Briefs District Court

[Coal Scam Case] Delhi Court Convicts Former Rajya Sabha MP Vijay Darda, former Coal Secretary H.C Gupta and 5 others

The coal scam in Chhattisgarh was pertaining to the allocation of ‘Fatehpur East’ coal block in favour of JLD Yavatmal Energy Private Limited.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC upholds Telangana SCDRC order fastening vicarious liability on hospital in medical negligence case

A consumer complaint was filed before the TSCDRC alleging deficiency of service/medical negligence on part of the staff performing surgery, seeking compensation of Rs 40 lakhs.

Case Briefs High Courts

‘Substratum of refusing probate cannot be the testimony of an unreliable witness’; Delhi High Court grants probate in favour of Khetri Trust

The Will was executed by the testator, Late Raja Bahadur Sardar Singh of Khetri in the presence of two attesting witnesses, thus, complying with Section 63 of the Succession Act, 1925.

Case Briefs Supreme Court

School Transfer Certificate not acceptable for age determination of victim in POCSO Act: Supreme Court

Supreme Court regarded the result of ossification or bone test in the instant matter, as the most authentic evidence for being corroborated by the examining doctor as well.

Case Briefs High Courts

Delhi High Court dismisses plea of Pernod Ricard for renewal of its liquor licence on ground of non-maintainability

“A reasoned order dated 13-4-2023 had been passed rejecting the L-1 License application of the petitioner, Pernod Ricard India (P) Ltd. on the ground that documents had been received from investigating agencies alleging the participation of the petitioner and its employees in commonly referred to as the ‘Delhi Excise Policy Scam’.”

Case Briefs High Courts

‘Grant of Parole not to be treated as Suspension of Sentence’; Gujarat HC Grants 15 days Parole to Life Convict in 2002 Godhra Riots

The Court applied the doctrine of harmonious construction and observed that granting of parole would not amount to any intervention in pending proceedings before Supreme Court under Section 389 of CrPC

Case Briefs High Courts

[Sidhi Urination Incident] Madhya Pradesh High Court seeks reply from State in plea against the detention order against the accused

The District Collector passed a detention order under the National Security Act, 1980 against the accused, Pravesh Shukla accused of Sidhi Urination incident.

Case Briefs District Court

Civil Courts' jurisdiction not barred if RERA Act and Rules cannot give relief to homebuyers: Saket District Court

As there is no provision in the RERA Act giving authority to the RERA Tribunal to deal with the subject matter of the suit, the jurisdiction of this Court cannot be said to be barred in the situation where the plaintiff requested for canceling the allotment.

Case Briefs High Courts

Whether refusal of registered owner to surrender registration certificate or his abscondence, is mandatory to exercise power under S. 51 (5) of MV Act? Allahabad HC answers

In case the certificate was lying in the vehicle at the time it was repossessed, the impugned order directing for the vehicle to be registered in the name of the financier would not cause any prejudice nor could be said to be contrary to any provisions of law.

Case Briefs High Courts

Madhya Pradesh High Court imposes Rs. 50,000/- cost on State for harassment of retired employees

Madhya Pradesh High Court criticized the Government’s approach while dealing with cases and eventually responsible for filing of number of cases in the High Court.

Case Briefs High Courts

Bombay High Court directs State to pay compensation to farmers who entered Lok Adalat Settlements within 180 days

Bombay High Court observed that it is the farmer’s legal right to get compensation and for a person who is vested with a legal right, the demand for justice goes hand in hand.