Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

No benefit to Corporate Debtor, if Criminal Proceedings were initiated after receipt of Demand Notice: NCLAT upholds NCLT’s order

While upholding NCLT’s order the NCLAT held that in the present case there is a debt which remained unpaid by the Operational Creditor.

Case Briefs High Courts

Delhi High Court restrains Bodhisatva Charitable Trust from using the mark ‘MAYO’; grants injunction to Mayo Clinic, USA

The founder of the defendant institutions was not only aware of ‘Mayo Clinic’ in the USA but drew inspiration from the founder of ‘Mayo Clinic’, USA. Thus, the defendants have dishonestly adopted the ‘MAYO’ mark of the plaintiff as they are fully aware of the prior existence and use of the same by the plaintiff.

Case Briefs High Courts

Delhi High Court permits a South Korean national, a NALSAR graduate to be enrolled as an Advocate in view of Section 24 Advocates Act

Delhi High Court held that foreign nationals are not per se barred from being considered for enrolment under Section 24 of Advocates Act.

Case Briefs High Courts

Video disparaging GLUCON-D to be taken down from Instagram and Twitter; Delhi High Court orders

Instagram and Twitter were ordered to take down a video disparaging the product ‘GLUCON-D’, which was posted and circulated on their platforms.

Case Briefs High Courts

What happens when a wife files a dowry harassment case against her husband after receiving a divorce notice from him? Karnataka High Court answers

The Court was hearing a case where a wife had lodged a complaint alleging cruelty by her husband and in-laws, after a divorce petition had already been filed by the husband.

Case Briefs High Courts

Delhi High Court directs University to consider 59-days maternity leave application of an M.Ed regular course student against theory class

Delhi High Court observed that the citizens could not be forced to choose between their right to education and their right to exercise reproductive autonomy.

Case Briefs High Courts

[Krishna Janmbhoomi -Shahi Eidgah Dispute] Allahabad High Court transfers all pending suits from Mathura Court to itself

Allahabad High Court said that the High Court has to remain conscious of the fact that being the highest Court of the State, it is guardian of the people and being 3rd pillar of the Constitution, it safeguards interest of the people as a whole, the small sub-sects, tribe then bigger sub-sect community and full circle of the people, all fall within the protection of the Constitution.

Case Briefs Supreme Court

Does ‘Caste based insult’ include calling person belonging to Scheduled Caste or Tribe “Bewakoof”, “Murkh”, “Chor”? Supreme Court answers

The Supreme Court observed that it is desirable that before an accused is subjected to a trial for alleged commission of offence under section 3(1)(x), the utterances made by him in any place within public view are outlined, if not in the F.I.R., but at least in the charge-sheet so as to enable the court to ascertain whether the charge sheet makes out a case of an offence.

Case Briefs High Courts

Third Party Funders to be fully aware of their exposure and cannot be mulcted with liability which they have not undertaken or are aware of: Delhi High Court

Permitting enforcement of an arbitral award against a non-party which had not accepted any such risk, was neither desirable nor permissible”

Case Briefs High Courts

Are AYUSH Doctors eligible to perform ultrasonogram techniques on pregnant women without qualifications under PC-PNDT Act? Madras High Court answers

Madras High Court held that the AYUSH Doctors, if at all qualified under the provisions of the PC & PNDT Act 1994 and Rules framed thereunder, are entitled to be construed as qualified Doctors within the meaning of the Central Act for carrying out various diagnostic procedures and ultra sonogram/ultrasound techniques on pregnant women.

Case Briefs High Courts

“Right to choose sex or gender identity integral to a human’s personality”: Rajasthan High Court while directing for recognition of male after gender reassignment surgery

Rajasthan High Court referred to the three types of genders as per Rigveda in Hindu mythology, consideration of the third gender in the modern society, and said that these people are struggling to be a part of the civil society.

Case Briefs High Courts

Not demonetisation but withdrawal of Rs. 2000 denomination banknotes from circulation; Delhi High Court dismisses PIL seeking RBI notification arbitrary

Delhi High Court noted that the present decision of the Government to dispense with Rs. 2000 denomination banknotes is not a decision towards demonetisation.

Case Briefs High Courts

[Blinkit v. Blinkhit Trademark Infringement] | Karnataka HC sets aside temporary restraining injunction against Blinkit

The Court noted that the Trial Court made an error in allowing Blinkhit’s application for temporary injunction, without properly appreciating the available materials on record vis-à-vis the trademark’s usage and nature of the business carried out by the parties.

Case Briefs High Courts

“Let them sing, let them dance, let them play”: Kerala High Court while refusing to interdict DGE order against vacation classes

The Kerala High Court pointed at Rule 1 Chapter VII of Kerala Education Rules, which provides for all the schools to remain closed during summer vacations unless otherwise notified by the DGE.

Case Briefs District Court

“Facts and Circumstances of the case raise ‘serious suspicion’ about commission of offence”; Rohini Court takes cognizance of murder case

The Court observed that the suspect took two different stands distinct from each other, when he initially denied any conversation with the deceased after evening on the day he went missing, and then he disclosed the event of deceased slipping into the canal.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Once a document admitted as evidence cannot be objected at a later stage: NCLAT

NCLAT held that once a document is relied upon as evidence and not objected to, it cannot be rejected or ignored.

Case Briefs High Courts

Read why Karnataka High Court denied bail to a Government Teacher accused under provisions of POCSO Act?

The Court strictly observed that in India, Gurus/teachers are considered akin to God and the Government Teacher’s perverse acts have created fear in the minds of the parents of minor girls students.

Case Briefs High Courts

Delhi High Court sentences two PWD officials for contempt of court for breaching and wilfully disobeying directions on tree protection

Two PWD officials were sentenced under Section 12 of the Contempt of Courts Act, 1971, to undergo simple imprisonment for four months and two months respectively, along with fine of Rs. 2000 each as they wilfully disobeyed the directions and orders passed by the Delhi High Court and of the NGT, in relation to protection of trees.

Case Briefs High Courts

Orissa HC refuses anticipatory bail to man alleged of outraging religious feelings of Muslims by raising provocative slogans on Hanuman Jayanti

Provocative slogans were raised giving rise to communal disharmony leading to arson and bloodshed during the procession on the occasion of Hanuman Jayanti.

Case Briefs High Courts

[Shared Household] Right of a daughter-in-law not an indefeasible right so as to exclude the in-laws: Delhi High Court

Delhi High Court opined that the parties shall ensure that they maintain peace and order and do not engage in any acrimony and shall have duplicate keys of the rooms.