Case Briefs Archives

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.

Case Briefs Supreme Court

Supreme Court considers medical condition; grants bail under NDPS Act

The Supreme Court observed that the petitioner was on a ventilator earlier but was discharged due to non-availability of proper medical treatment in the prison.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Infiniti Retail Ltd for its ‘CROMA’ mark

User traffic may be diverted due to the same or similar domain name, which can result in a user mistakenly accessing one domain name instead of the one intended. A domain name might, therefore, have all characteristics of a trade mark and could result in an act of passing off.

Case Briefs Supreme Court

[Manipur Violence] Centre and State Government file status report; Supreme Court directs authorities to ensure peace and tranquility

The status report indicated the steps taken to bring normalcy to the law and order situation in the State, security measures taken for protecting religious places and details of relief camps.

Case Briefs Supreme Court

Supreme Court rejects plea of grave and sudden provocation of mother who administered poison to children in suicide attempt

“There is no valid reason ground for the state not accepting the recommendation of the State level Committee for premature release of the Appellant. Supreme Court is not oblivious to the crime but they are equally not oblivious to the fact that the Appellant has already suffered at the cruel hands of fate.“

Case Briefs High Courts

PWD, Religious Committee decides to demolish 55-year-old Kali Mata Mandir at Mayapuri Chowk; Delhi High Court refuses to interfere

Delhi High Court directed that the PWD is free to carry out the demolition and remove the unauthorized construction after 20-05-2023.

Case Briefs Supreme Court

Small-scale industries not exempted from sales tax for tea blending after amendment, holds SC; delivers split verdict doctrine of legitimate expectation aspect

“When a legitimate expectation of a specific outcome is created by a public authority, the said public authority is required to take into account such expectation created by it when making a decision that affects the interests of the individual or group” –Justice Krishna Murari

Case Briefs High Courts

‘Electricity no longer a luxury’; Meghalaya HC directs State to ensure adequate availability of electricity in the State

The Court directed State and Meghalaya Energy Corporation Limited to file affidavit indicating the plans for meeting the demands of electricity and actions during accidental shutdown of power plant.

Case Briefs Supreme Court

SC upholds NCLAT’s ‘project-wise-resolution’ process order in Supertech Insolvency; allows it to complete housing projects

The Court said that if Committee of Creditors would be constituted for all projects of Supertech, it will cause immense hardships to the home buyers and will throw ever project into uncertainty.

Case Briefs High Courts

News articles indicative of wilful campaign launched by Punjab Kesari to lower reputation of Gautam Gambhir in the eyes of public: Delhi High Court

The news articles are prima facie, indicative of a wilful campaign launched by the defendants to lower the reputation of standing of the plaintiff in the eyes of his constituents, supporters and the public at large.

Case Briefs High Courts

Challenge against constitution of Selection Committee to appoint Director of School of Planning & Architecture; Delhi High Court issues notice

The challenge is filed by Prof. Dr. Pratap Manohar Raval, an aspirant to the post of Director of School of Planning & Architecture, New Delhi.

Case Briefs High Courts

Specimen Document and Signature must be admitted by parties before comparing with disputed handwriting under S. 73 of IEA: Orissa HC

In case one party refuses to admit the specimen document, it is incumbent on the Court to first satisfy that the signature or writing on the specimen document is proved to be of the person concerned.

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs Apple India to either replace law student’s defective laptop or pay monetary compensation worth Rupees 2.3 lakhs

The Commission found Apple India to be liable for selling defective goods under the provisions of Consumer Protection Act, 2019

Case Briefs High Courts

Formulate programmes to educate teenagers who post intimate content on social media without consent: Delhi High Court directs DSLSA

In a case of consensual adolescent mutual love, there will be no place of abusing, blackmailing, inducement, threat, violence, pressurizing and threatening the prosecutrix to convert her religion for forcibly getting married even when she wanted to get out of the abusive relationship.

Case Briefs Supreme Court

Supreme Court upholds ISRO Scientist’s dismissal from service in the interest of Security of the State

The Court observed that not the unauthorised absence but the unauthorised association with foreign institution was a matter of concern for the security of the State.

Case Briefs Supreme Court

[WBHIRA ultra-vires of RERA] All complaints filed before WB HIRA Authority stand transferred to RERA: Supreme Court

Supreme Court said that any person aggrieved by an order passed under WBHIRA will be at liberty to pursue the corresponding remedy which is available under the RERA.

Case Briefs High Courts

Delhi High Court dismisses petition filed by a 97-year-old challenging prospective operation of S. 23 Senior Citizens Act

Delhi High Court observed that the present case is not a case of casus omissus and the Court while exercising its jurisdiction under Article 226 of the Constitution cannot make the provision what the Legislature did not intend it to be.

Case Briefs High Courts

Delhi High Court upholds conviction for murder of a 2-year-old child by hitting her head against stairs of a mandir

Delhi High Court opined that the cause of death was found to be cranio cerebral damage consequent upon blunt force impact to the head which was sufficient to cause death in ordinary course of nature.

Case Briefs High Courts

Need to reconsider exclusions under S. 3(k) of the Patents Act in view of growing innovations: Delhi High Court

Many inventions in emerging technologies including by SMEs, start-ups and educational institutions can be in the field of business methods or application of computing and digital technologies, therefore, there is a need to reconsider the exclusions in Section 3(k) of the Patents Act, 1970, in view of the growing innovations.

Case Briefs Supreme Court

Supreme Court | Non- Tribals can settle down and vote in Scheduled Areas

Supreme Court held that the power of the Governor under Clause 5 of the Fifth Schedule does not supersede the Fundamental Rights under Part III of the Constitution of India.