Case Briefs Archives

Availability of Alternative Remedy is not an absolute Bar to challenge re-opening of assessment: Madhya Pradesh High Court

The Madhya Pradesh High Court held that alternative remedy is not absolute bar for examining conditions to issue reassessment notice and admitted the petitions for the final hearing.

Case Briefs Supreme Court

Supreme Court emphasises on Appellate Courts’ limited scope in remanding back the matter for a de novo trial

The remand in the present case could only be correlated with Rule 23-A of Order XLI CPC and for its applicability, the necessary requirements were that “the decree is reversed in appeal and a re-trial is considered necessary”, thus, the Supreme Court held that the remand in the present case was not justified.

Case Briefs High Courts

Delhi High Court holds plea regarding ‘invalidity of registrations’ granted in favour of the trademark BURGER KING as untenable

Delhi High Court observed that no issue regarding the validity of the registrations of trademarks of the plaintiff is liable to be framed in the facts and circumstances of the present case.

Case Briefs High Courts

Rajasthan High Court seeks suggestions from the Government and BCI to protect advocates from violence and harassment meted out while discharging their duty

The Court sought assistant of BCI and directed to implead its Secretary in the present petition and accordingly issued notice to BCI who may come up with appropriate suggestions in the matter towards framing of guidelines.

Case Briefs Supreme Court

Land Acquisition| In public purpose schemes, Authority should be given the time allotted to it by the Statute for doing certain things: Supreme Court

Supreme Court held that Madhya Pradesh High Court was not justified in quashing the entire Scheme providing for other connected land use, on the ground that the same has lapsed under Section 54 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973.

Case Briefs High Courts

“Newborn baby includes both ‘full term’ or ‘pre-term’”; Bombay High Court directs payment of insurance claim

Bombay High Court rejected the insurance company’s contentions and directed them to pay the claim of Rs 11,05,953 to the petitioner with interest and Rs 5 lakhs as costs of litigation.

Case Briefs High Courts

Delhi High Court deletes remarks in the orders passed by the Trial Court against police officers

The Delhi High Court opined that passing comments like “negligent” and “insensitive” might impair a person’s confidence, work, and reputation, thus, the Court deleted remarks in the orders passed by Trial Court against police officers.

Case Briefs Supreme Court

Desirable if High Courts maintain a hands-off approach and not quash FIRs in corruption cases at the stage of investigation: Supreme Court

Supreme court said that if criminal prosecution is based upon adequate evidence and the same is otherwise justifiable, it does not become vitiated on account of significant political overtones and mala fide motives

Case Briefs Supreme Court

Supreme Court affirms the order of the Bombay High Court supporting lawyers with 10 years’ experience to be considered for Consumer Commission appointment

“In absence of transparency in the matter of appointments of President and Members and in absence of any criteria on merits the undeserving and unqualified persons may get appointment which may frustrate the object and purpose of the Consumer Protection Act”, observed the Bench.

Case Briefs High Courts

Delhi High Court discusses on the distinction between ‘descriptive’ and ‘suggestive’ trademarks in the context of the mark ROYAL and its use in relation to rice

Delhi High Court observed that the use of the word ‘ROYAL’ appears to be only in the form of depicting the quality of the rice. The use of the word ‘ZABREEN’ prominently on its packaging is sufficient to take the defendant out of the mischief of infringement and passing off.

Case Briefs Supreme Court

“Upon receipt of three show cause notices, allottee showed no urgency in taking steps to set up the industrial unit”, Supreme Court upholds NCDRC order

Supreme Court directed HSIDC to refund the sum of ₹ 1,66,425/- with interest at 6% p.a. from 18-09-1998 till date to the allottee.

Case Briefs High Courts

Manipur High Court grants around Rs. 29 lakhs as compensation to the family of the deceased

The Manipur High Court held that the appropriate multiplier for deceased, aged 35 years should be 16 in place of 17 for calculation of compensation in cases under Motor Vehicles Act, 1988.

Case Briefs High Courts

Celebration of ‘Cow Hug Day’ a policy matter; Delhi High Court dismisses plea challenging withdrawal notification by Animal Welfare Board

AWBI stated that Cow Hug Day shall be celebrated on 14-02-2023 as the Cow is the backbone of Indian culture and rural economy, sustains our life, represent cattle wealth and biodiversity.

Case Briefs High Courts

Bombay High Court: Mere existence of the slightest probability of confusion in case of medicinal product marks requires that the use of such mark be restrained

Bombay High Court observed that confusion in the case a medicinal or pharmaceutical product may have disastrous effect on the health.

Case Briefs Supreme Court

Trial in a Dowry Death case prompts Supreme Court to reiterate guidelines for exercising powers under Section 319 of CrPC

The Supreme Court directed the Trial Court to follow the guidelines extensively iterated by the Constitution Bench in the case of Sukhpal Singh Khaira for summoning the appellant as an additional accused.

Case Briefs High Courts

Central Government may take appropriate decision to ban cow slaughtering in India and declare cows as ‘protected national animal’: Allahabad High Court

Allahabad High Court said that anyone who kills cows or allows others to kill them is deemed to rot in hell as many years as there are hairs upon his body.

Case Briefs High Courts

“Stamp Duty is only payable for additional area purchased under Re-development Agreement”: Bombay High Court

Bombay High Court quashed two of State Government’s circulars, limited the stamp duty only to additional area purchased during redevelopment, and laid several pointers which shall apply further beyond the facts of the present matter.

Case Briefs High Courts

Non-signatory parties can be subjected to arbitration in accordance with Doctrine of Group of Companies: Delhi High Court

Delhi High Court held that non-signatory or third party could be subjected to arbitration proceedings without their prior consent. It was necessary to examine the touchstone of direct relationship of signatory parties to the arbitration agreement, forming part of a composite transaction.

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI imposes penalty on Arshad Warsi and his wife & 29 other entities; Bars from Securities Market for practicing fraudulent & unfair trade practices

On 2-3-2023, the Securities and Exchange Board of India (‘SEBI’) restrained the promoters of Sadhna Enterprises including Arshad Warsi along with other

Case Briefs Supreme Court

Mass Religious Conversion case: Supreme Court stays arrest of SHUATS Vice chancellor and Director

Supreme Court has put a stay on the arrest of VC of Sam Higginbottom University of Agriculture, Technology and Sciences Dr. Rajendra Bihari Lal and Institute’s Director Vinod Bihari Lal in connection with a mass religious conversion case.