Case Briefs Archives

[Relief for Samsung India] Karnataka HC quashes complaint on alleged violation of Legal Metrology Act and Packaged Commodities Rules

The Court was firmly of the view that the Inspector, Department of Legal Metrology had misinterpreted key provisions of Legal Metrology Act and Packaged Commodities Rules thereby vitiating the complaint with malafides.

Case Briefs High Courts

Pruning of trees not permitted in Delhi except in accordance with Delhi Preservation of Trees Act: Delhi High Court

A tree was a living being and it must be given, at least a “last look” and accorded a final inspection before a decision was taken to permit its felling or sanctioning extensive amputation of its live branches.

Case Briefs High Courts

JJ Act recognises a Single Parent to be eligible for being an Adoptive Parent; Bombay High Court allows single working women to Adopt a Child

The Court said that the comparison done by the Competent Court between the biological mother being a housewife and the prospective adoptive mother (single parent) being a working lady reflects a mindset of the medieval conservative concepts of a family.

Case Briefs High Courts

Look out Circulars not to be issued in absence of acceptable apprehension: Calcutta High Court

LOCs not only cause immediate and irrevocable violation of a person’s fundamental right of movement but also have an inexplicably long shelf-life.

Case Briefs High Courts

Allahabad High Court puts interim stay on telecast of Al Jazeera documentary ‘India: Who lit the Fuse’

The apprehension expressed by the petitioner is that the telecast of film without adhering to the constitutional and statutory safeguards may result in injuring the public order and thereby the sovereignty and integrity of India

Case Briefs High Courts

[Uttarakhand Communal Tensions] Paramount duty of State to ensure that law, order and peace is maintained in the State: Uttaranchal HC

The Court directed the State to fulfill its Constitutional Obligation to maintain peace in the State.

Case Briefs High Courts

Gauhati HC answers whether extraordinary jurisdiction under Art 226 of the Constitution can be invoked for trivial causes

‘It is unfortunate to notice that a trend has been set to file applications under Article 226 of the Constitution at the drop of hat. Numerous cases has been filled with imaginary and very trivial causes of action. The court is of the opinion that such trend should be nipped in the bud and filling of writ petition of this nature has to be discouraged.’

Case Briefs Supreme Court

[Railway Compensation Claim] Mere absence of railway ticket on deceased does not negate them of being a bonafide passenger: SC

‘Passenger’ would include a person who has purchased a valid ticket for travelling by a train carrying passengers on any date or a valid platform ticket and becomes a victim of an untoward incident.

Case Briefs High Courts

Family Court can’t deny relief in cases of dissolution of marriage based on mutual consent, on the ground that spouses are living under same roof: Karnataka HC

The High Court was bewildered that such a flawed rationale was applied to deny relief to an estranged couple.

Case Briefs High Courts

[Medical Negligence] ‘High Court cannot act as an expert body with reference to medical terminology’; Madras High Court dismisses petition seeking compensation

“It is for the Doctors to take a decision and continue the treatment by following the medical protocol. Contrarily, High Court cannot interfere with the opinions of the medical expert by acting as an expert body which is not desirable, and it will lead to excess exercise of powers of judicial review conferred under Article 226 of the Constitution”

Case Briefs Supreme Court

RIICO not a statutory body but a Company brought into being under the Companies Act, 1956 by State of Rajasthan: SC

The Supreme Court further held that when the actions of a Committee constituted by Cabinet are validated by the Council of Ministers and the rest of the Council, it ensures that the Rules of Business were followed by the State Government in the course of decision-making process.

Case Briefs High Courts

[NUTELLA/KINDER v. KINDTELLA] Delhi High Court restrains Kamco Chew Foods from using marks ‘COKOTELLA’, ‘KINDTELLA’ and ‘MYTELLA’

The manner of representation of the label with the defendants’ impugned product, where the unique manner of representation with first letter in black and the rest of the letters in the word in red colour is identical.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Hospital wins medical negligence case, but pays compensation on humanitarian grounds

While dealing with the challenge against the order of SCDRC, the NCDRC found that the hospital made every possible attempt during medical complications after a successful surgery.

Case Briefs Supreme Court

Explained | Supreme Court’s verdict in Nycil Prickly Heat Powder case

Supreme Court said that the legislative intent was that all kinds of talcum powders, which contained medications irrespective of the proportion, or at any rate, not containing predominant proportions should necessarily be treated as cosmetics, falling under Entry 127.

Case Briefs High Courts

First rape, then suicide after 6 months; Is it same transaction under Sec 220, CrPC ? Kerala High Court explains

Kerala High Court expressed that ‘same transaction’ is the essence being vital for deciding whether series of acts in question are connected for a common trial.

Case Briefs High Courts

Dragging a child in litigation driven by commercial interest between two competing coaching institutions cannot be permitted; Delhi High Court refuses relief to Fitjee Limited

The success of any student is the result of his hard labour and the infinite efforts he puts into the goal he has set to achieve. Therefore, dragging a child in a litigation driven by commercial interest between two competing coaching institutions claiming credit for the success of a child is an insult to his endless efforts and cannot be permitted.

Case Briefs High Courts

Person of Muslim Community not entitled to SC Certificate: Punjab and Haryana High Court while upholding Assistant Professor’s removal from service

The Court said that the petitioner could not be given the benefit of Horizontal reservation as he was not able to prove that he had obtained more marks than the last selected candidate of the General category.

Case Briefs High Courts

Custody cannot be determined by weighing economic circumstances of parties; Allahabad High Court grants custody to father

The primary object of a Habeas Corpus petition, as applied to minor children, is to determine in whose custody the best interests of the child will probably be advanced.

Case Briefs High Courts

Live-in partner cannot claim divorce as live-in relationships are not recognized as marriage in India: Kerala High Court

Kerala High Court noted that the Family Court had no jurisdiction to entertain such a claim for divorce in the first place because the enactment was made for resolving disputes related to family affairs and marriage recognized by law.

Case Briefs High Courts

“Cannot chant ‘bail is rule, jail is exception’ like a slogan in every bail petition, especially for heinous offences under UAPA”: Karnataka High Court

The Court was deliberating over an appeal challenging the rejection of bail to the accused charged under IPC and UAPA for being actively involved with the ‘KG Halli Riots’ in Bengaluru.