Case Briefs Archives

[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.

Case Briefs District Court

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