Case Briefs Archives

Delhi High Court restrains Parle company from using FAB!O being deceptively similar to Cadbury’s OREO

A consumer of average intelligence and imperfect recollection who has earlier purchased and had the OREO cookie would, when he sees the FAB!O cookie pack, be clearly likely to associate the FAB!O cookie with the OREO cookie that he had earlier enjoyed (ass uming he did). That, by itself, satisfies the test of —initial interest confusion.

Case Briefs Supreme Court

ESI Act a social welfare legislation; Factories and establishments liable to pay ESI Contributions irrespective of the number of employees engaged at a time: Supreme Court

Supreme Court held that the Telangana High Court erred in setting aside the demand notice for the period after October 1989 and that the amended Section 1(6) was applied retrospectively. It was of the view that only in the case of demand notice for the period prior to inserting Section 1(6) of the ESI Act, it could be said that the same provision has been applied retrospectively.

Case Briefs High Courts

“Unless the foreign award contravenes a fundamental and non-derogable principle or core value, refusal to recognise is not warranted”: Madras High Court

The High Court of Madras recognised the foreign arbitration award pronounced by the Singapore International Arbitration Centre (‘SIAC’) and found that the respondents have failed to establish any ground for refusing the recognition of foreign award.

Case Briefs High Courts

Madras High Court | HC cannot issue directions for speedy disposal, unless there is an acceptable reason

Madras High Court said that the High Court cannot issue directions for speedy disposal unless there is a justification or acceptable reason for issuing any such directions. The Court concerned is expected to regulate its own procedures in respect of the cases for effective disposal.

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

Ex-communication in Dawoodi Bohras matter deserves to be tagged with 9-judge bench Sabarimala Review due to overlapping issues: Supreme Court 5-judge Constitution Bench

The 5-judge Constitution Bench observed that the decision which will be rendered by the nine-Judge Bench in the Sabarimala Temple Review will have a direct impact on the questions which arise for determination in this case.

Case Briefs Supreme Court

‘AIBE valid; BCI must ensure quality of lawyers entering the profession’: Read 8 suggestions by Supreme Court 5-Judge Bench

“Quality of lawyers is an important aspect and part of administration of justice and access to justice. Half-baked lawyers serve no purpose. It is this quality control, which has been the endeavour of all the efforts made over a period of time.”

Case Briefs Supreme Court

When evidence unambiguously proves the guilt, absence of motive cannot weaken the conclusions: Supreme Court

The Supreme Court refused to grant the benefit of General Exception of unsoundness of mind under IPC in favour of the appellant, since he failed to discharge his burden of proof.

Case Briefs High Courts

Breach of Contract does not give rise to cause of action for Criminal Breach of Trust: Calcutta High Court reiterates

Calcutta High Court | While deciding a revision petition, Tirthankar Ghosh*, J. held that no offence under Ss. 417 and 426 of

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to 85% disabled accused in cheating case

Supreme Court in a case pertaining to allegations of cheating and criminal breach of trust, held that the accused is entitled for anticipatory bail, and directed the Investigating Agency to follow the procedure prescribed under CrPC for investigation against the disabled person

Case Briefs Supreme Court

Rs. 2 Crores compensation for a bad haircut? Maybe! But not in absence of material supporting claim of loss suffered; Supreme Court asks NCDRC to decide matter afresh

In the case at hand, the woman had sought Rs. 3 Crores compensation, claiming that as a result of the bad haircut, she could not continue to lead her normal busy life as she no longer looked pretty; she had to face great humiliation and embarrassment; her career in the world of modelling was completely shattered; she went into a state of depression. NCDRC had awarded her Rs. 2 Crore compensation but without any material being produced by the woman to quantify the compensation.

Case Briefs High Courts

In cases of urgency and to preserve party’s rights, arbitral proceedings can be initiated even when conciliation proceedings were pending: Delhi High Court

The Delhi High Court held that even if the Contract clearly stated that before resorting to arbitration, the parties agreed to explore Conciliation by the Committee, the same cannot be held to be mandatory in nature. Further, the Court held that in case of urgency, arbitral proceedings can be initiated even when conciliation proceedings were pending.

Case Briefs High Courts

Delhi High Court grants bail to Chitra Ramakrishna former MD NSE being accused of active involvement in illegal interception of telephone calls of NSE employees

In the present case there is no allegation that the Applicant has derived or obtained any property or proceeds of crime. Additionally, there is no allegation or evidence produced to suggest that the Applicant has concealed, possessed, used, projected or claimed any proceeds of crime as untainted property.

Case Briefs High Courts

Counterfeiting has serious repercussions on the fabric of national economy; Delhi High Court directs a small shop proprietor to pay Rs. 5 lakhs or serve one week in civil prison for selling counterfeited Louis Vuitton’s belts

The Delhi High Court directed the proprietor of a small shop to pay Rs. 5 lakhs, failing which he would suffer incarceration in civil prison for a week as he violated the order of interim injunction passed earlier by the Court and continued to sell counterfeited products of louis Vuitton.

Case Briefs Supreme Court

Petition filed under Section 156(3) CrPC must satisfy the essential ingredients to attract alleged offences: Supreme Court

The Supreme Court observed that if allegations in the petition are vague and are not specific with respect to the alleged offences, it cannot lead to an order for registration of an FIR and investigation on the accusation of commission of the offences alleged.

Case Briefs High Courts

Bombay High Court grants Rs 5 lakhs compensation to a cleaner who worked for 26 years for paltry wages

The petitioner was engaged to undertake the cleaning and sweeping of the Government office premises for almost 26 years and was being paid much less than even the minimum wages paid to manual labourers. The Bombay High Court said that it t is a fit case where the State should compensate the Petitioner for violating her rights under Articles 14, 21 and 23 of the Constitution of India.

Case Briefs High Courts

[IFS Examination] Walking test of 25 kms is an obligatory stipulation which needs to be fulfilled apart from meeting the special eligibility criteria in terms of physical requirement: Delhi High Court

The Delhi High Court held that the walking test of completing 25 kilometers would be an obligatory stipulation and needed to be fulfilled apart from meeting the special eligibility criteria in terms of physical requirement consistent with requirements of the identified service/post as may be prescribed by its Cadre Controlling Authority for the Indian Forest Service Examination.

Case Briefs High Courts

Absence of premeditation leads to Delhi High Court modifying murder conviction to culpable homicide not amounting to murder; Convict to be released

Based on the weapon used for inflicting injuries to the deceased was a very heavy danda with nodes therein, the Trial Court has convicted the appellant for offence punishable under Section 302 IPC. However, it failed to appreciate the fact that the alleged offence was not committed by pre-meditation.

Case Briefs Foreign Courts

Records kept by companies fall outside the scope of Section 124(1) Evidence Act; Can’t be regarded as spousal communications within meaning of Section 124(1): High Court of the Republic of Singapore

High Court of the Republic of Singapore: While deciding a case related to marital privilege, Chua Lee Ming* J. held that records

Case Briefs High Courts

Delhi High Court | Disclosure of reports and dossiers relating to terrorist acts under investigation is barred by RTI Act

The Mumbai blasts which are the subject matter of the reports, were one of the worst terror attacks on India, leading to hundreds of deaths and hundreds of injured persons. Thus, reports/dossiers on such investigations can have a major bearing on India’s security, sovereignty and integrity.

Case Briefs High Courts

Rejection of Compassionate Appointment for married daughters violative of Articles 14 and 15: Punjab and Haryana High Court

The division bench of Punjab and Haryana High Court noted that the object of such schemes is to grant appointments to dependent family members falling under specific categories on compassionate grounds.