Case Briefs Archives

Landlord cannot refuse to take over possession of suit property upon determination of lease on pretext of damage to the property; Patiala House Court reiterates

The landlord was offered the possession of the suit property which was refused by him on the pretext of damage to the suit property, whereas no evidence has been adduced by him about damage to the suit property except his bald statements.

Case Briefs High Courts

[Kent Cables v. Kent RO] Delhi High Court permanently restrains Kent RO from selling fans under ‘KENT’ mark

Kent Cables who is admittedly prior registrant of the trade mark ‘KENT’ has, prima facie, succeeded in showing ‘prior user’ and adoption of the trade mark ‘KENT’ for fans.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Does NCLAT have power to review or recall its judgment? NCLAT 5-member bench answers

A 5-member bench overturned two judgments delivered by 3-judge bench which held that the NCLAT does not have the power to review or recall its own judgements.

Case Briefs High Courts

“Animals cannot speak, but they have emotions and feelings akin to humans”; Bombay High Court refuses custody of seized cattle to owners

Bombay High Court opined that while deciding such matters, primary consideration must be the welfare and maintenance of such animals.

Case Briefs High Courts

Gujarat High Court allows Termination of 20 weeks of Pregnancy of Minor Rape Survivor

Gujarat High Court has directed to undertake the medical termination procedure with all due care and precautions.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Operational creditor cannot seek to initiate CIRP against Corporate Debtor when real dispute exists: NCLAT

The NCLAT set aside Adjudicating Authority’s order initiating CIRP of the Corporate Debtor.

Case Briefs High Courts

[Gujarat Wind-Solar Hybrid Power Policy] Gujarat HC issues Notice to Energy and Petrochemicals Department in Extension of Policy case

The Gujarat Wind Solar Hybrid Power Policy, 2018 is set to expire on 19-06-2023.

Case Briefs High Courts

[Section 36A(4) of NDPS Act] Extension of Time Limit for Filing Chargesheet in NDPS Act, illegal if accused not duly informed: Kerala High Court reiterates

Kerala High Court pointed that the application was filed on 176th day and the impugned orders were passed on the very next day, while the Court still had a few days to decide.

Case Briefs High Courts

Madras High Court sets aside Notification banning import of dogs for commercial activities as it lacks scientific study and due diligence

All steps must have been taken to protect and perpetrate original, native Indian breeds, but this cannot be achieved by placing an embargo on the import of foreign dogs for commercial purposes, ensuring, of course, that such commercial purposes are regulated and are ethical

Case Briefs High Courts

Delhi High Court grants anticipatory bail to nephew and brother of Director of M3M India in PMLA Case

It is based upon the discretion of the applicant which Court they want to approach since both the Court, namely, High Court and Court of Sessions, have concurrent jurisdiction and the same cannot be restricted by construing the provision of Section 438 of CrPC narrowly.

Case Briefs High Courts

Read why Allahabad High Court directed Trial Court to provide legible copies as per S.207 CrPC to Congress MP Randeep Singh Surjewala

Allahabad High Court said that as the matter is very old, the Trial Court shall take into consideration the length of the litigation and shall proceed with the case in accordance with law in a time bound manner

Case Briefs High Courts

[Alarnatha Temple] Orissa HC directs separate arrangements for early darshan by old, physically disabled and women

The Court gave a slew of directions to ensure the smooth and peaceful darshan of the deity during Anasara.

Case Briefs High Courts

Delhi High Court enhances compensation from Rs 50,000 to Rs. 1,50,000 for illegal termination of ‘workman’

Delhi High Court observed that Bangalore Water Supply and Sewerage Board v. R. Rajappa, 1978 (3) SCR 207 acts as a North star for the courts to reach the conclusion regarding the applicability of the Industrial Dispute Act to an organization by laying down elaborate guidelines with respect to the definition of ‘industry’ under Section 2(j) of the Industrial Dispute Act.

Case Briefs High Courts

DNA Paternity test cannot be allowed in routine manner, can only be permitted in exceptional circumstances; Rajasthan High Court reiterates

Rajasthan High Court observed that the DNA Paternity Test requires to be conducted only in exceptional cases, and therefore, the child cannot be used as a weapon to get divorce on ground of adultery, on the strength of outcome of a DNA Paternity Test.

Case Briefs High Courts

Bombay High Court questions State regulations debarring non-science 10th student from pursuing 12th in science stream

Bombay High Court granted ad-interim relief to a student who cleared Class 10 without science subjects, got admission in science stream in Class 11 and cleared Class 12 and competitive examinations with above average performance, but was denied Class 12 marksheet due to ‘ineligibility’.

Case Briefs High Courts

‘PIL must be used as an effective weapon in armory of law for delivering social justice to the citizens’; Orissa HC dismisses petition challenging Rs. 2000 Notes Exchange

A publicity interest litigation should be nipped in the bud so that valuable time of the Court is saved which can be effectively utilized in reducing huge pendency of cases.

Case Briefs High Courts

‘Being an Indian citizen, he made all attempts to destabilize peace in the society by making derogatory posts against PM Modi’; Gujarat HC denies bail

The Court said that a person may like or dislike any person, but it does not mean that he may start using derogatory and abusive language for the Prime Minister of the Country and his late mother.

Case Briefs High Courts

Bombay High Court refuses relief to Atomberg Technologies for its alleged infringement of fan design of Renesa Ceiling fan

Bombay High Court observed that as the plaintiff has failed to make out a prima facie case in its favour, the aspects of the balance of convenience and irreparable loss that the plaintiff may suffer in the absence of interim reliefs, pale into insignificance.

Case Briefs Supreme Court

BCI rule mandating Law degree from recognised College for enrolment as an Advocate, valid: Supreme Court

The Supreme Court held that the rule framed by BCI requiring a candidate for enrolment as an Advocate to have completed his law course from a college recognized/ approved by BCI cannot be said to be invalid.

Case Briefs Supreme Court

Lack of basic amenities in Nilgiris Court Complex: Supreme Court seeks detailed report from Madras High Court

The main concern of the women lawyers is over shrinking of the space or facilities allocated to them in the Nilgiris court complex.