Case Briefs Archives

Postal Department is liable for fraudulent act committed by its authorized SAS Agent: Calcutta High Court

The Postal Department has a sacred duty in upholding Trust as the nation’s preferred carrier and guardian of savings.

‘Beneficial Standing Orders to prevail over employer-employee agreements’; SC holds workmen temporarily engaged with Jet Airways entitled to permanency

Supreme Court regarded the Industrial Employment (Standing Orders) Act, 1946 as a special Act expressly and exclusively dealing with the schedule-enumerated conditions of service of workmen in industrial establishments, giving recognition and form to workmen’s hard-won and precious rights.

Case Briefs High Courts

Delhi High Court grants injunction in favour of PUMA for alleged design infringement of its RS-X 3D Series shoes

The main grievance of the plaintiff is that defendant 2 has by adopting a trade dress for its BERKINS brand range of shoes which is nearly identical to the plaintiff’s RS-X range of shoes, sought to pass off its products as those of the plaintiff.

Case Briefs High Courts

Use of words like “Taliban”, “goonda” in news items is per se beyond the scope of guidelines issued by Press Council of India: Karnataka HC

Deliberating over a decade old case, the Court also noted that media being the 4th pillar of democracy should act like it, for it has a social responsibility to maintain peace, as publication of the news items have wide implication on the society at large.

Case Briefs Supreme Court

Modi Surname Defamation Case | Supreme Court stays Rahul Gandhi’s conviction

Rahul Gandhi was sentenced to two years imprisonment for offence under Sections 499 and 500 of IPC for his ‘all thieves have Modi surname’ remark.

Case Briefs Supreme Court

Supreme Court settles long-standing Greyhounds land dispute in Telangana’s favour; says no to compensation on resumption

In the case at hand, the Subject land was assigned to landless Scheduled Caste/Scheduled Tribe persons for the purpose of cultivation in 1960s who then transferred the land to a third party for consideration, violating the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977.

Case Briefs High Courts

Mass burial of Kuki-Zo community: Manipur HC directs State and Centre to maintain status quo ante of land where burial was proposed

A big mob from both the communities had gathered in and around the land in question and at any moment violence would have taken place, hence the Acting Chief Justice took up the matter at 6:00 A.M.

Case Briefs High Courts

[S. 34 Arbitration Act] Delhi High Court refuses to interfere in Indian Railway’s plea regarding arbitral award being perverse

Indian Railway’s has failed to substantiate its grounds for setting aside the impugned Arbitral Award that the impugned award suffers from patent illegality and the findings therein are perverse and would shock the conscience of this Court.

Case Briefs High Courts

Bombay High Court | No ‘right to sue survives’ to the married daughter to claim for enhancement of maintenance in respect of deceased mother

The phraseology “right to sue survive” used under Order 22 Rule 1 means right to seek relief. The general rule is that cause of action whatsoever existing in favour or against a person at the time of his death survives to or against his legal representatives.

Case Briefs Supreme Court

Supreme Court upholds the constitutionality of R. 4(10) and R.7(3) of Rajasthan Minor Mineral Concession Rules

Supreme Court reiterated that there is no right vested over an application made which is pending seeking lease of a Government land or over the minerals beneath the soil in any type of land over which the Government has a vested right and regulatory control.

Case Briefs High Courts

MV Act | Multiplier method for calculating compensation also applicable in serious injuries; Kerala High Court

“The very purpose of adopting the multiplier method in Sarla Verma (supra) is to do away with the considerable variation and inconsistency in assessing compensation and also to bring uniformity and consistency.”

Case Briefs Supreme Court

‘Witnesses from West Bengal expected to communicate and convey their version in National Language Hindi before UP Court’: SC

There are at least twenty-two official languages in India, and it is no doubt that people speak different languages, however, Hindi is the national language.

Case Briefs High Courts

Delhi High Court grants injunction in favour of Glaxo Group for its marks Betnovate-N, Betnovate-C, T-Bact, Cobadex, Zentel, Augmentin

“The comparison of the defendant’s and the plaintiffs’ marks will show that the defendant has not merely copied one mark or packaging but has deliberately adopted a series of marks, in packaging with almost identical colour combinations.”

Case Briefs High Courts

Notional increment cannot be denied on the ground that the person retired one day before the increment was due: Rajasthan High Court reiterates

“When the position of law is almost identical everywhere in the other States and when the benefit of Annual Increment is given to such employees, then denial of such benefits to the petitioners would amount to violation of their right of equality enshrined under Article 14 of the Constitution.”

Case Briefs High Courts

Old Pension scheme or contributory Pension Scheme, which will be applicable to Government servants appointed after 01-04-2003? Madras HC answers

Because of the retrospective operation of the new pension scheme, no employer or employee would have forethought that appointments made after 01-04-2003 would not be eligible for the old pension scheme.

Case Briefs High Courts

Read why Madras HC refused to declare cancellation of a man’s passport as illegal

Madras High Court said that the action taken by the passport officer cannot be faulted. If false particulars and false documents are given, the Passport Authority has no option but to impound the passport.

Case Briefs High Courts

Can an ex parte order be recalled by a necessary party that is a non-party to the case? Allahabad High Court answers

Apart from the statutory power of recall of an ex parte order conferred under the first proviso to Section 209 U.P. Revenue Code, 2006, every Court or Tribunal would have an inherent power to recall an ex parte order to secure the ends of justice.

Case Briefs High Courts

Delhi High Court directs GGSIPU, State Government to ensure 5% reservation to specially abled persons in all educational institutions

“Guru Gobind Singh Indraprastha University and the State Government are directed to ensure that in all educational institutions, the statutory provisions governing the field under the Rights of Persons with Disabilities Act, 2016 are followed and 5% reservation is provided to specially abled persons.”

Case Briefs High Courts

Delhi High Court grants permanent injunction to New Balance Athletics Inc for its ‘N’ device mark

“The matter will next be listed on 16-08-2023, to decide whether the plaintiff’s registered trade marks , and , are “well-known” trade marks within the meaning of Section 2(1)(zg) of the Trade Marks Act, 1999.”

Case Briefs High Courts

[Special Marriage Act] ‘AI increased the possibility of impersonation’; Delhi High Court directs Indian National to appear before Indian High Commission in Canada and join video conferencing

The Marriage Registration Authority submitted that in view of the advancement in the technology in Artificial Intelligence, the possibility of somebody impersonating Petitioner cannot be ruled out.