Case Briefs Archives

Delhi High Court restrains Samaira Jewels from counterfeiting BVLGARI jewelry collection

The Delhi High Court stated that a bare glance at the goods sold by the defendants indicated that they are prima facie imitations of the plaintiff’s registered design and accordingly injuncted Samaira Jewels from the usage of such designs.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Railway horns are required to be blown as per ‘whistle code’; NGT dismisses plea to prohibit usage of train horns

The National Green Tribunal said that an environment free from noise pollution is necessary, but operation of railways is an essential activity, and must be conducted.

Case Briefs Supreme Court

“Undue leniency in sentencing shakes public confidence in Criminal Justice System”: Supreme Court modifies sentence in minor’s rape-murder case

Supreme Court considered the case wherein the Trial Court proposed award of death sentence for rarest of the rare case, while the Jharkhand High Court modified it to life imprisonment for whole biological life without any scope for remission.

district consumer disputes redressal commission (dcdrc), ernakulam

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC directs restaurant to pay Rs 40,000 as compensation for ordeal sustained by the complainant due to its failure to deliver ‘Sadya’ on Thiruonam day

The Commission observed that Malayalis have sentimental attachment towards ‘Thiruonam Sadya’; therefore, waiting for a long time and eventually not getting the ‘Sadya’ can be quite frustrating.

Case Briefs District Court

[Jiah Khan suicide case]: ‘Jiah Khan was victim of her own sentiments’; CBI Court acquits Sooraj Pancholi in abetment of suicide case

Jiah Khan had suicidal tendency and had tried to commit suicide on an earlier occasion, the evidence against Sooraj Pancholi were found to be vague and general.

latest judgement of supreme court on res judicata

Case Briefs Supreme Court

Explained| Supreme Court judgment on application of principle of Res Judicata and other CPC provisions

The Supreme Court said that before examining the defendants’ ground of res judicata to oppose the eviction petition, several aspects may have to be looked into, like whether such an issue was substantively at issue in the previous suit and similar such other questions may crop up.

Case Briefs High Courts

“Recreational activities would include amusement or enjoyment-related leisure activities”; Bombay High Court directs MCGM to issue NOC for conducting ‘Ice-Cream Fest’

Bombay High Court perused the said Regulation of DCPR which was the ground for denying permission by MCGM and did not notice any restriction for recreation area in the mall for the purpose proposed.

Case Briefs High Courts

Delhi High Court refuses to quash FIR against doctor accused of carrying out illegal sex determination; issues direction for proper implementation of PCPNDT (Prohibition of Sex Selection) Act

The Delhi High Court observed that it was aware of the conflict that plagued women who were torn between societal and familial pressure to bear sons and the emotional stress and moral uncertainty they experienced for not bearing a male child.

Case Briefs High Courts

[Police Atrocity Case] Calcutta High Court orders ₹2 lakh compensation to atone laches in allegedly ‘falsely implicated’ case

“The prime concern and endeavour of law should be to secure justice on the basis of truth, which ought to be unearthed through a committed and competent investigating agency.” observes the Court.

Case Briefs High Courts

Delhi High Court grants interim injunction in favour of Red Chillies Entertainment for taking down upcoming film ‘Jawan’ leaked clips

In the instant case clips and stills from the film ‘Jawan’ were already available on the internet over various platforms, though no license to broadcast or transmit any part of the film has, to date, been granted by the plaintiff to any entity.

Case Briefs High Courts

Gauhati High Court refuses to grant interim relief to Youth Congress President, Srinivas BV

The High Court’s order came in reference to the FIR filed by the President of Assam Youth Congress who has levelled allegations of mental harassment on Indian Youth Congress President, Srinivas BV.

validity of unstamped arbitration agreement

Case Briefs Supreme Court

We Dissent! Here’s why 2 out of 5 Judges of Supreme Court ruled unstamped arbitration agreements are valid at pre-referral stage

The practice of dissent in judicial decision-making process plays a critical role in revealing constitutional commitment to deliberative democracy. Allowing judges to express differing views and engage in a dialogue about the law and its interpretation can potentially lead to a more nuanced and refined understanding of the law, as the Court grapples with competing interpretations and seeks to reconcile them in a principled manner.

Case Briefs Supreme Court

SC finds directions prescribing uniform one km Eco- Sensitive Zones around forests, Sanctuaries ‘impossible to implement’; modifies order

The Supreme Court said that if the directions are continued, rather than avoiding man-animal conflict, it will intensify the same.

Case Briefs Foreign Courts

G1 license holder driving an ATV alone on highway for accessing trail with owner’s consent is minor breach: Superior Court of Justice, Ontario

The Court said that ignorance of the fact that G1 license holders had special provisions or restrictions while driving an ATV on a highway and not knowing that central lane is a highway is no defense.

Case Briefs High Courts

Bombay High Court| Causing threat to stray dogs by using sticks would amount to Cruelty to Animals

Society residents obligated to provide drinking water to stray dogs due to onset of summer heat.

Case Briefs High Courts

Kerala High Court slams aimless allegations against public functionaries without any supporting material abusing access to justice

Kerala High Court dismissed the Writ Petition imposing cost of Rs 25,000 for reliefs claimed on an experimental basis without any supporting material.

Case Briefs High Courts

[Modi Surname Defamation Case] Patna High Court stays Lower Court’s order against Rahul Gandhi

The Patna High Court stayed Lower Court’s order against Rahul Gandhi in the ‘Modi Surname’ defamation case.

Case Briefs Supreme Court

Consumer Forums cannot award Compound Interest as Compensation under Consumer Protection Act, 1986 in Real Estate Disputes: SC

The Court observed that for determination of compensation, the Consumer Forum must examine the time value for money, an in-depth analysis of all the facts and materials surrounding factors, including uncertainties of market are to be considered.

Case Briefs High Courts

Karnataka High Court comes to the aid of an aging couple wishing to have child via surrogacy; Evolves a three- pronged eligibility test

The High Court was hearing a petition filed by a couple aged 57 and 45 years, who had lost their son to road accident, and wanted to re-experience the bliss of parenthood via surrogacy but were barred by certain provisions of Surrogacy (Regulation) Act, 2021.

Case Briefs Supreme Court

Reopening of completed assessments if Income Tax searches unearth ‘incriminating material’: Supreme Court resolves conundrum

The Revenue had submitted that the Assessing Officer is competent to consider all the material that is available on record, including that found during the search, and make an assessment of ‘total income’. While some of the High Courts agreed with the said proposition, some disagreed. The Supreme Court was, hence, called upon to resolve the conundrum.