Case Briefs Archives

Accused persons are engaged in movie business and not in business of cigarettes or tobacco products: Madras High Court quashes COPTA proceedings against Actor Dhanush

COTPA was brought into force to eliminate all direct and indirect advertisements, promotion and sponsorship concerning tobacco and for providing regulation of trade and commerce, production, supply and distribution of cigarettes and other tobacco products.

Case Briefs High Courts

Bombay High Court | 15-day compliance with disqualification notice based on ‘fit and proper person’ test not insisted by SEBI during pendency

SEBI had prescribed automatic disqualifications under the 2008 Regulations based on ‘fit and proper person’ criteria.

Case Briefs High Courts

Delhi High Court | MSEFC cannot entertain independent claim by the ‘Buyer’ against the ‘Supplier’ under the MSMED Act, 2006

Delhi High Court observed that the MSMED Act, 2006 has been enacted for the purpose of extending benefits to Suppliers, who are registered under the Act as Micro or Small Enterprises, it does not contemplate the reverse obligation i.e. claims relating to the amount recoverable from the Suppliers under the MSMED Act, 2006.

Case Briefs High Courts

“Offends transgender persons’ right to privacy as well as right to dignity”; Telangana High Court declares Telangana Eunuchs Act, 1329 Fasli as unconstitutional

“Constitutional morality impacts upon any law which deprives the LGBT individuals of their entitlement to a full and equal citizenship. LGBT individuals living under threats of conformity grounded in cultural morality have been denied basic human existence. Constitutional morality does not permit such discrimination and must supersede cultural morality.”

Case Briefs Supreme Court

Management cannot challenge Award granting reinstatement in service after allowing workmen in regular service for over 2 decades: Supreme Court

A party to a proceeding cannot be permitted to challenge the Award and abide by it at its own free will; garner benefit from it; get the opposite party to effectively alter its position; and then press its challenge after the passage of a considerable length of time.

Case Briefs Tribunals/Commissions/Regulatory Bodies

State Commissions cannot modify tariff adopted by Central Commission and adopt trade margin for ISTS power projects: APTEL

APTEL said that in accordance with the guidelines and the CERC Regulations, the Appropriate Commission, the trading margin shall be decided mutually by the SECI, the trading licensee and the WPPs and in turn by the distribution licensees.

Case Briefs Supreme Court

Tamil Nadu General Sales Tax Act: Supreme Court upholds 4% tax on maize starch

Supreme Court expressed that the legislature would not have intended two entries for self-safe commodity making one taxable and the other exempted from tax.

Case Briefs High Courts

Arbitrator’s view is ultimate, not to be interfered with by Courts, unless arbitration agreement evidently absent: Calcutta High Court

Calcutta High Court held that Court should not substitute its own view, replacing that of the arbitrator, unless it is manifestly evident that there existed no agreement.

Case Briefs High Courts

‘Lift Manipur Internet ban; Provide FTTH on case-to-case basis’; Manipur HC directs State

For Fiber to the Home, the High Court had directed the State to lift internet ban on a case-to-case basis after ensuring that all the stakeholders have duly complied with the safeguards given by the Expert Committee.

Case Briefs High Courts

‘Public interest demands easy, affordable access to anti-cancer drug’; Delhi High Court denies interim injunction to Bayer Healthcare for drug ‘Regorafenib’

Bayer healthcare LLC was selling its product of Rs. 36,995 by importing the same into India, whereas the Natco Pharma Ltd. was manufacturing the product in India and selling the same of Rs. 9,900. The injunction was refused due to the huge disparity between the prices offered by both, for a life threatening disease.

Case Briefs Supreme Court

Compassionate appointment not a vested right: Supreme Court explains when a candidate can be considered

Supreme Court held that the Punjab and Haryana High Court was not right in setting aside the judgment of the First Appellate Court and restoring the judgment of the Trial Court, granting the respondent compassionate appointment in Bank of Baroda.

Case Briefs High Courts

Extension in service counts as qualifying service for pension, gratuity and increments; Himachal Pradesh HC imposes Rs. 10,000 cost on State

The State acts as a model employer that can’t discriminate among its employees and give a benefit that is conferred under the applicable rules/instructions to some, and deny the same to others.

Case Briefs High Courts

Punjab and Haryana High Court quashes FIR against makers of Colors TV serial ‘Ram Siya Ke Luv Kush’

Punjab and Haryana High Court was dealing with a matter involving allegations made by certain members of the Valmiki community regarding the role of Bhagwan Valmiki Ji being incorrectly depicted and telecast in Colors TV serial.

Case Briefs High Courts

[SANGEETHA v NEW SANGEETHA] Exception of bona fide use of name as trade mark does not extend to the name of spouse: Madras High Court grants permanent injunction

Madras High Court has also granted the plaintiff a decree for permanent injunction restraining the defendant from committing passing off of its restaurant business by using deceptively similar trade mark.

Case Briefs Supreme Court

Condition of Right to Repurchase in Sale Deed not Personal unless specifically stated: SC

The Court also said that the right to repurchase can always be assigned and the contract containing such condition shall be enforceable, with only exception that such a right should not be personal in nature.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Corporate Debtor cannot constitute Committee of Creditors with a single Operational Creditor under IBC: NCLAT

NCLAT held that CIRP be closed with respect to the Corporate Debtor since not a single ‘Claim' was received by the IRP even after the public announcement.

Case Briefs Foreign Courts

“Sad day for American constitutional law and LGBTQ+ people”: Decoding the Dissent to SCOTUS allowing wedding website designer to decline services to same-sex couples

In a fierce dissent to the majority decision of allowing a wedding website designer to decline services to same-sex couples, 3 SCOTUS Judges pointed out that US Constitution contains no right to refuse service to a disfavoured group and cautioned that this decision may negatively impact not only the LGBTQ+ community, but also interracial couples in future.

Case Briefs Foreign Courts

When a Canadian Court ruled that “thumbs-up” emoji constitutes a valid non-traditional means to convey acceptance of a contract

Court was also of the view that signature in a classic presentation and does denote identity and confirmation of an agreement; however, that in itself does not prevent the use of a modern- day emoji such as thumbs-up emoji.

Case Briefs High Courts

Delhi High Court dismisses plea challenging the mandatory uniform for auto and taxi drivers

The petitioners have not been able to make out any case as to how Rule 7 of the DMV Rules is so manifestly arbitrary and only by stating that there can be several shades of khaki or that it does not state whether it should be a pant-shirt or kurta-pajama or the nature/details of stitching etc., does not make the provisions vague.

Case Briefs High Courts

West Bengal Panchayat Election 2023: Central Forces to be deployed for 10 more days post elections due to apprehension of post-poll violence: Calcutta HC

“All that the court can hope is that the elections of the Panchayat to be held on 8th July, 2023 is peaceful and the public will be entitled to cast their vote without any fear in their mind.”