Case Briefs Archives

‘Blatantly infringed Louis Vuitton marks’; Delhi High Court grants permanent injunction and imposes Rs. 9.59 lakh costs on the manufacturers for selling counterfeit goods

The Delhi High Court opined that the defendants took unfair advantage of the reputation and goodwill of Louis Vuitton (LV) marks and deceived the unwary consumers of their association with the LV marks.

Case Briefs Supreme Court

Written warranty from manufacturer can protect Vendor from criminal liability under Food Adulteration Act: SC

Section 19(2)(a)(ii) of the Prevention of Food Adulteration Act, 1954 provides that a vendor shall not be deemed to have committed an offence pertaining to the sale of any adulterated or misbranded article of food if he proves that he purchased the article of food from any manufacturer with a written warranty.

Case Briefs High Courts

Gujarat HC issues notice to Gujarat Industrial Development Corporation over arbitrary and discriminatory promotions

It was alleged by the petitioner that different yardsticks cannot be applied selectively to deprive a candidate, who is eligible and entitled for promotion.

Case Briefs High Courts

Possession of a third firearm by a member of a rifle association or rifle club is illegal; Delhi High Court refuses relief to a senior advocate having three firearms

Legislature has deliberately used the words “acquire”, “possess” and “use” in the same Section 3(3) of the Arms Act having different connotations, to be construed in a manner to give effect to each word to further the purpose of the legislation i.e., to reduce the number of firearms that could be possessed by an individual.

Case Briefs High Courts

Allahabad High Court issues Contempt notice to District Court Advocate for stalking and sending obnoxious messages to a woman judge on her Facebook account

Allahabad High Court said that the facts prima facie shows that the act of the Advocate amounts to criminal contempt referred to in section 2(c) of the Contempt of Courts Act, 1971

Case Briefs High Courts

Orissa HC quashes 6 years old pending criminal proceedings against ex-students of Madhusudan Law College

The Court said that the Damocles sword has been hanging over the petitioners for the past six years, who await for the trial to commence.

Case Briefs Supreme Court

Asharam Bapu Case| Supreme Court sets aside Rajasthan High Court Judgment directing summoning and recording of evidence of IPS Ajay Pal Lamba

The Supreme Court said that the power to take additional evidence in an appeal is to be exercised to prevent injustice and failure of justice, and thus, it must be exercised for good and valid reasons necessitating the acceptance of the prayer.

Case Briefs High Courts

State facing water shortage due to deforestation in hill areas; Manipur High Court takes suo motu cognizance of a news report published in Imphal Free Press

The Manipur High Court took suo motu cognizance of a news report published in Imphal Free Press, titled “State facing water scarcity due to deforestation in hill areas”.

Case Briefs High Courts

Delhi High Court upholds acquittal of constable giving the benefit of non-compliance of S. 50 NDPS Act

The onus lies on the prosecution to prove that the sample of the contraband seized during investigation proceedings is the same which was forwarded to CFSL for examination and that there is no tampering of the same.

Case Briefs Supreme Court

Supreme Court affirms Gauhati HC’s reversal of Assam MLA Akhil Gogoi’s discharge in anti-CAA protest case but grants bail

The Supreme Court observed that this was not a case where Akhil Gogoi should be allowed to be detained in custody, especially after having secured an order of discharge, rightly or wrongly.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

State cannot escape liability for violation of environmental norms; NGT grants Compensation of Rs. 20 lakhs to successor of deceased

National Green Tribunal said that the State has to take precautions to prevent such incidents in future, apart from paying compensation with liberty to recover the same from the entity.

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

Explained| The momentous Same Sex Marriage matter before the Supreme Court Constitution Bench

Petitioner contended that they were entitled to the Fundamental Right to marry which was entrenched in the Constitution which includes the choice of a marital partner. Neither the State nor Society could intrude into the domain of individual right to pursue a way of life which were central to their identity and autonomy.

Case Briefs High Courts

Dismissing Constable from service was an arbitrary act; Meghalaya High Court sets aside BSF Commandant order

The Court said that no proper show cause notice was served to the petitioner, violating the principle of audi alteram partem, thus, the dismissal from service was not in fair play.

Case Briefs Tribunals/Commissions/Regulatory Bodies

To reject application under Sec. 9 IBC, a genuine pre-existing dispute must exist: NCLAT

The National Company Law Appellate Tribunal held that no pre-existing dispute regarding quality of supplied goods exist as the same was not raised before consumption of the goods.

Case Briefs High Courts

[Lulu v. Coolulu] | Karnataka High Court directs Regional Director, Corporate Affairs to pass a fresh and reasoned order in the trademark dispute

In Lulu v. Coolulu trademark dispute, the Karnataka High Court chided the competent authority for not considering the nuances of the dispute properly, which meant that the impugned order did not show even a semblence of application of mind.

Case Briefs High Courts

Andhra Pradesh High Court bans rural sport involving Bulls – ‘Banda Laagudu Poteelu’

The Andhra Pradesh High Court opined that conducting of the play had no legal bar, but it was the responsibility of everyone associated to maintain peace.

Case Briefs Supreme Court

Supreme Court directs States and UTs to send their Menstrual Hygiene Management Policy to Centre

The Supreme Court viewed that it would be appropriate if the Union Government engages with all the State governments and Union Territories to ensure that a uniform national policy is formulated with sufficient leeway for the States and UTs to make adjustments, based on the prevailing conditions in their territories.

Case Briefs High Courts

Delhi High Court upholds constitutional validity of Centre notifications imposing GST on auto, buses booked through Uber

In Aashirward Films v. Union of India, (2007) 6 SCC 624, Supreme Court laid down that a taxing statute for the reasons of functional expediency and even otherwise, can pick and choose to tax some; so long as the classification is reasonable.

Case Briefs High Courts

Delhi High Court restrains 40 rogue websites from illegally hosting, streaming, reproducing, and distributing of original cinematographic work of entertainment companies

The Delhi High Court restrained 40 rogue websites from illegally streaming original copyrighted cinematographic work of Universal City Studios, Warner Bros, Netflix, Disney, and other entertainment companies.

Case Briefs High Courts

Gujarat High Court upholds examination committee’s decision to cancel end semester exam of Nirma University’s law student for indulging in unfair means

The Courtsaid that while determining misconduct one is not to go only by the penalty imposed but the nature of the malpractices committed by the student as well.