Case Briefs Archives

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.

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