Case Briefs Archives

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.

Case Briefs High Courts

[Gyanvapi Mosque case] Allahabad High Court directs ASI to conduct scientific investigation of Shivlingam without causing damage to it

Allahabad High Court observed that the technical and scientific report of the Archaeological Survey of India has opened ways for carrying out scientific investigation of the site / Shivlingam without causing any damage to the structure in question

Case Briefs Supreme Court

SC upholds Calcutta High Court’s order directing the STC, Calcutta to release employee’s pension

The Court said that for any fault on the part of the employer, the employees cannot be made to suffer.

Case Briefs High Courts

Allegation of Forgery/Fraud inter partes does not render dispute non-arbitrable; Calcutta High Court appoints sole arbitrator

The Court opined that the mere potential or presence of criminal proceedings deriving from the same circumstances would not exclude the issue from being resolved through arbitration.

Case Briefs High Courts

Whether online/ digital rummy played on Gameskraft is taxable under GST Act? Karnataka HC answers

The High Court quashed the GST notice of Rs 21,000 crores issued to Gameskraft holding it to be arbitrary and did a detailed analysis of various nuances of ‘game of chance’ and ‘game of skill’.

Case Briefs High Courts

Delhi High Court dismisses petition under S. 11 Arbitration Act in view of moratorium imposed on parent company

Delhi High Court granted liberty to the petitioner to file a fresh legal action for the same relief once the moratorium is lifted or varied.

Case Briefs Supreme Court

Supreme Court issues notice in plea filed by Mohammed Shami’s wife seeking Uniform Laws for Divorce

Mohammed Shami’s wife Hasin Jahan filed plea before the Court to declare certain provisions of Muslim Personal Law (Shariat) Application Act, 1937 as unconstitutional.

Case Briefs High Courts

Invention not to be deemed a ‘computer programme per se’ solely due to use of algorithms and computer-executable instructions: Delhi High Court

It is essential for the Indian Patent Office to adopt a more comprehensive approach when assessing Computer Related Inventions (CRIs), considering technical effects and contributions provided by the invention rather than solely focusing on the implementation of algorithms and computer-executable instructions.

Case Briefs High Courts

Explained| Allahabad High Court order upholding State Government’s decision to cancel Ziledari Qualifying Examination 2018

Allahabad High Court said that recruitment has to be fair, transparent and accountable, if there are irregularities and malpractices and illegality in the recruitment process, it would undermine very legitimacy of the recruitment process

Case Briefs High Courts

Delhi High Court directs removal of online videos and tweets containing comments threatening a classical singer

Delhi High Court noted that there is a severe threat to the safety and security of the petitioner as is evident from the comments and videos.

Case Briefs High Courts

Why did Allahabad High Court grant full and proper security to Mukhtar Ansari?

Allahabad High Court said that though it is not against media taking interview of Mukhtar Ansari but looking to the recent episode of Atiq Ahmed, this restriction would be in the interest of the under-trial prisoner for their safety and security

Case Briefs Supreme Court

SC expresses displeasure over petition filed by DRT, Chandigarh Presiding Officer M.M. Dhonchak; dismisses petition challenging P&H High Court Order

The Supreme Court said that it was unfortunate that Mr. Dhonchak had filed the petition against the order of Punjab and Haryana High Court.

Case Briefs High Courts

Advocates should prioritize Legal Aid matters; Access to justice cannot be denied based on economic capacity: Bombay High Court

Bombay High Court was cautious of litigants getting the impression that quality legal services are not provided if they are unable to afford the services of Advocates by paying substantial fees.

Case Briefs High Courts

No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court

Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.

Case Briefs High Courts

[Adultery v. Right to Privacy] Seeking hotel stay and call record details to prove the charge of adultery will not violate right to privacy: Delhi High Court

The right of privacy claimed by the husband vis-à-vis the prayer of the wife to seek assistance of the Court for production of records to substantiate her charge of adultery levelled against the husband in her petition seeking divorce was the question before the Delhi High Court.

Case Briefs High Courts

[Gas Migration Dispute] Reliance had limited role to ‘explore’ and ‘extract’ natural gas as a licensee only; Delhi High Court upholds arbitral award in favour of Reliance Industries

Delhi High Court observed that in the present case, the natural resource viz. natural gas was neither ‘bought’ nor ‘sold’ as between Reliance and the Ministry; thus, the public trust doctrine was not contravened.

Case Briefs Supreme Court

Sexual Harassment at workplace: “Assure women safe & secure workplace or they will fear stepping out”; SC issues directions for PoSH Act implementation

The Supreme Court attributed the reluctance on the part of victims of Sexual Harassment at workplace to report the misconduct to, (i) uncertainty about who to approach under the Act for redressal of their grievance; and (ii) lack of confidence in the process and its outcome.

payment to operational creditors under ibc

Case Briefs Supreme Court

Operational Creditors must be paid equivalent amount as per Section 53 of the IBC in case of liquidation of Corporate Debtor: SC

The Court said that Vistra ITCL (India) Ltd. would be treated as a secured creditor in terms of Section 52 and 53 of the IBC, and would be entitled to retain the security interest in the pledged shares.

supreme court judgment on section 313 of crpc

Case Briefs Supreme Court

‘Failure to put material circumstances before accused amounts to serious irregularity’; Supreme Court set aside conviction in 27-year-old murder case

Supreme Court proceeded with the fact that the only circumstance appearing against the appellant was not put to him in the statement under Section 313 of CrPC.