Case Briefs Archives

Supreme Court grants interim relief to homebuyers for deferred payment of EMIs till possession of homes

The Court granted interim relief to the homebuyers viewing the interim protection granted by the Delhi High Court vide order dated 25-05-2022.

Case Briefs High Courts

[Dettol v Santoor Handwash Advertisement] Delhi High Court refuses injunctive relief to Reckitt Benckiser for its alleged disparagement by Wipro product

Delhi High Court observed that it would be reading too much into the impugned advertisement, in my opinion, to extract, from it, anything derogatory or deprecating regarding Dettol.

Case Briefs High Courts

Allahabad High Court acquits four accused including MoS Ajay Mishra in Student leader Prabhat Gupta’s murder case

The commission of an offence and complicity of the offenders are two different realities. The complicity of an offender must provenly be established connected to the commission of charged offence, then only it is permissible for a court of law to derive the product of conviction, failing which, the acquittal is the rule.

Case Briefs High Courts

Can Judicial officers take recourse to judicial proceedings for arrears of rent? ; Allahabad High Court answers

Allahabad High Court clarified that the decision rendered in Divakar Dwivedi case must apply to all the Judicial Officers, irrespective of the fact that they had not filed writ petitions.

Case Briefs Supreme Court

Irretrievable breakdown of marriage | Supreme Court invokes Article 142 of the Constitution to grant mutual consent divorce

This ruling is significant in the light of the judgment dated 01-05-2023, wherein the Constitution Bench had held that the Supreme Court has the power to dissolve a marriage on the ground of irretrievable breakdown under Article 142(1) of the Constitution of India.

Case Briefs High Courts

‘Petition appears to seek Court’s seal on second relation’; Punjab and Haryana High Court refuses Police Protection for Muslim Marriage

“Person who does not do equity with others and even to the life companion, cannot approach the Court to seek approval of his relation under the umbrella of Article 21 of the Constitution of India.”

Case Briefs High Courts

Private institutions affiliated to GGSIPU not entitled to charge higher fees from the students admitted through 10% Management Quota Seats: Delhi High Court

A notice/advertisement inviting applications for admission provides complete transparency in the admission process and all students who meet the eligibility criteria have an equal opportunity to apply for the course. The selection of students should not be based on extraneous factors like personal connections, wealth or social status or other resources of getting limited information of admission notice.

Case Briefs High Courts

Request to review trademark ‘HAMDARD’ in ‘HAMDARD ROGHAN BADAM SHIRIN’ for its descriptive use; Delhi High Court directs Trademark Registry to proceed as per law

Under section 3(a) of Drugs & Cosmetics Act, 1940, Raughan-E-Badam Shireen/ Badani Shireen is mentioned as Unani Medicine in the authoritative book of First Schedule of Drugs and Cosmetics Act, 1940.

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to Police Constable in a Destruction of Property and Dacoity case

Supreme Court considered the fact of inordinate delay of 3 years in filing the FIR.

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC holds Cochin Airport liable for service deficiency for not providing adequate rain cover on boarding ladder; directs compensation of INR 16,000 to passenger

The Commission held that CIAL’s inadequate rain coverage while boarding flight caused a great deal of agony to the complainant as he got drenched in the rain and suffered fever for 3 days.

Case Briefs High Courts

Can the Trial Court grant maintenance from the date of the order in view of Rajnesh vs. Neha case? Allahabad High Court answers

Trial Court is not barred from granting maintenance from the date of the order if there are circumstances and reasons for doing the same

Case Briefs Supreme Court

SC stays West Bengal’s order imposing ban on screening of ‘The Kerala Story’; also directs Tamil Nadu Government to provide adequate security to cinema halls displaying the film

The Court said that the prohibition imposed on the film by West Bengal suffered from over breadth.

Case Briefs High Courts

Corruption inquiry directed against Ex-IAS Ramesh Abhishek by Lokpal; Delhi High Court refuses to interfere

Delhi High Court observed that repeated petitions seeking to interdict the proceedings before Lokpal would defeat the very purpose of the legislation.

Case Briefs Supreme Court

Supreme Court| Allopathy/ Ayurved Doctors not on a par with MBBS Doctors; Can’t claim equal pay

“The principle of equal pay for equal work cannot be invoked or applied invariably in every kind of service and certainly it cannot be invoked in the area of professional services when these are to be compensated”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Threshold limit includes both principal amount and interest under IBC; NCLAT set aside NCLT’s order

NCLAT held that the Adjudicating Authority committed error in rejecting the S. 7 application for not fulfilling ‘threshold’ when Deed of Guarantee mentions about the interest on default.

Case Briefs High Courts

[Betnesol v Betnol]: Delhi High Court grants permanent injunction in favour of Glaxo Group Limited on failure to file written statement by Biogen Serums

Delhi High Court observed that the defendant has used the infringing mark ‘BETNOL’, which is identical to the plaintiff’s mark ‘BETNESOL’ with the intent to springboard its business by drawing association with the plaintiff and its trademark to ride on the goodwill and reputation of the mark of the plaintiff.

Case Briefs High Courts

Dismissal Procedure under Kerala Education Rules not a mandate if Aided School Teacher’s conduct led to conviction in criminal charges: Kerala High Court

The teacher in the instant matter was convicted in a criminal case for showing obscene pictures to a girlchild, while conducting classes.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Supreme Court Constitution Bench holds Jallikattu, Kambala and bull -cart racing legal

The Supreme Court said that this decision on the Tamil Nadu Amendment Act would also guide the Maharashtra and the Karnataka Amendment Acts. Thus, it held that all the three Amendment Acts are valid legislations .

Case Briefs High Courts

‘Right to life encapsulates right to construction of road, even to a solitary villager’: Punjab and Haryana High Court to Gram Panchayat

Even if a single individual may be benefitted from the construction of revenue ‘rasta’ at the instance of the Revenue Collector, it is not sufficient and well-informed reason for the Panchayat to resist compliance with orders of the Collector.

Case Briefs High Courts

Demand notice cannot be faulted if any other sum indicated in addition to said amount under S. 138(b) of NI Act: Allahabad High Court reiterates

Allahabad High Court reiterated that the demand notice should be read as a whole. In the demand notice, the holder or payee can demand to pay out for the said amount, i.e., cheque amount.