Case Briefs Archives

‘A person’s rightful claim can’t be rejected on a machine’s failure’; MP High Court quashes candidate’s rejection order based on biometric verification failure

“A person’s identity is not lost when he is not recognized by a machine, and in such circumstances, his claim has to be verified on the basis of the documents which he possesses regarding his identification.”

Case Briefs High Courts

‘Power of inspection a necessary concomitant to maintain the standards of education’; Bombay HC upholds BCI’s power to inspect law colleges

“If BCI’s rule making power under Section 49(d) of Advocates Act, 1961 is given a restrictive meaning, the same will be contrary to object and purpose of Section 7(1)(h),(i),(l), and (m), which is enacted with the objective to empower BCI to promote legal education and to lay down standards of education.”

Case Briefs High Courts

Transfer Order of disabled employee to be treated as interim recommendation under Disabilities Act, 2016; Delhi High Court clarifies scope of CCPD’s powers

In a situation where rights available to persons with disabilities under the 2016 Act or the Rules 2017 or under any other measure involving the service-related issues are found to have been infringed or violated, the provisions of the 2016 Act will have to be given effect to.

Case Briefs High Courts

‘Breach of privacy and dignity’; Rajasthan High Court directs removal of obscene video from social media; issues notices

The instant writ petition seeks Court direction to prevent the continued circulation of obscene video, involving petitioner 1’s daughter and petitioner 2’s husband on Instagram, without their consent.

Case Briefs High Courts

Rajasthan High Court quashes censure order against Chemistry teacher for student’s poor result in 12th Board Exam

“Perusal of the impugned orders indicates that it is apparently a non-speaking and unreasoned order and it nowhere mentions as to how the petitioner was responsible for the result being lower than the standard norms fixed by the respondents.”

Case Briefs High Courts

Delhi High Court grants injunction in favour of L’Oréal against trademark infringement and counterfeiting

Defendant 1 is unknown person/persons, who have fraudulently engaged with different business entities to commit fraud, impersonation and are misleading the general public into believing that they are acting on behalf of the plaintiff.

Case Briefs High Courts

Madras High Court directs revaluation of law student’s criminology paper; Asks Ambedkar University to propose evaluation criteria and weightage

The University was directed to propose relevant criteria and weightage for evaluating answer scripts, ensuring a more rational and transparent assessment process.

Case Briefs High Courts

Delhi HC grants permanent injunction in favour of Peak XV Partners; restrains fraudulent websites and WhatsApp groups from passing off its trade mark

The unauthorized actions of Defendant 1, including the creation and operation of fraudulent WhatsApp/Telegram groups, websites and mobile apps, have given rise to substantial confusion, leading individuals to falsely believe that the impugned groups and website are affiliated with plaintiff.

Case Briefs High Courts

P&H HC quashes defamation case against Journalists publishing Punjab CM Bhagwant Mann’s statement on then AAP MLA receiving money from Congress

“No material has been brought on record to even prima facie indicate that the accused had reported or published the imputation concerning the complainant to harm his reputation or knowing or having reason to believe that it would cause harm to his reputation.”

Case Briefs High Courts

UGC Regulations on teachers’ appointments infringe Article 30 of the Constitution; not applicable to Minority Institutions: Madras High Court

“The Judiciary must recognize its pivotal role in restoring confidence among minorities, acting as a guardian of the rights that were pledged to them, thus reinforcing the very essence of India’s democratic ethos and its dedication to unity in diversity.”

Case Briefs High Courts

No embargo for convenience stores to remain open 24×7 and/or post 10 or11 p.m.: Bombay High Court

“In contemporary times, the concept of 24×7 shops of such nature is popular worldwide as it brings convenience, ease, and flexibility to the consumers to make purchases, particularly for the people with non-standard working hours.”

Case Briefs High Courts

Spouse can’t be directed to pay permanent Alimony without a formal application under S. 25 of Hindu Marriage Act: MP High Court

“Without demanding permanent alimony in the written statement or by a separate application, Trial Court would not have granted permanent alimony to the respondent/wife.”

Case Briefs Supreme Court

‘Contribute to legal system instead of fighting cases against each other’; SC quashes cross FIRs & proceedings ending dispute between 2 Kodaikanal lawyers

“Even if the litigants do not understand what is in their best interest, it is the duty of the Court to deliver substantial justice.”

Case Briefs High Courts

Unlawful religious conversion and rape are non-compoundable offences; proceedings cannot be quashed based on settlement between parties: Allahabad HC

“Any compromise or settlement with respect to the offence of rape, against the honour of a woman, which shakes the very core of her life and tantamounts to a serious blow to her supreme honour, offending both, her esteem and dignity, is not acceptable to this Court.”

Case Briefs High Courts

Delhi High Court dismisses plea for mandatory live streaming of court proceedings citing security & logistical concerns

The petitioner has filed a petition seeking directions for GNCTD to take necessary steps to ensure compliance with the directions issued by the Supreme Court of India and the Delhi High Court regarding live streaming and video recording of court proceedings.

Case Briefs High Courts

‘Benevolent policy cannot be defeated by reluctance and apathy of officers’, Kerala HC directs State to implement monthly scholarship scheme for disabled children

“The scheme does not require filing of any applications, and it should be ensured that no eligible student is denied the benefits due to the inaction or oversight by the implementing officers”

Case Briefs High Courts

Read why Gujarat High Court extended Asaram Bapu’s bail in 2013 rape case

“It cannot be said that an 86 years-old ailing person, who is desperate to get himself treated, can confine his treatment to a particular therapy or a particular system of medicines.”

Case Briefs High Courts

Sole proprietorship firm don’t fall under definition of “debtor” under S. 94 of IBC; MP High Court refuses to halt recovery proceedings

“Section 94 of IBC gives remedy to “debtor’ only to either apply personally or through a Resolution Professional to the Adjudicating Authority for initiating the insolvency resolution process.”

Case Briefs High Courts

Delhi HC grants relief to e-commerce platform ‘Purplle’; directs removal of mark ‘Purplle Tree’ from Register of Trade Marks

Despite Respondent 1’s endeavour to create distinctions, it is crystal clear that the marks are confusingly/deceptively similar to the petitioner’s registered trade mark. Such use of a similar mark would invariably mislead consumers and members into believing that the goods under the impugned mark were sourced from the petitioner.

Case Briefs High Courts

Citizens do not have the right to cremate or bury at a specific location: Bombay HC allows plea against illegal crematorium

It is the duty of the Planning Authority to meet the needs of the people and in the present case, CIDCO has already provided a fully functional cremation ground.