Case Briefs Archives

POCSO| Getting date of birth changed in Aadhaar to establish that minor victim was a consenting adult is a serious offence; Delhi High Court denies bail to a married man

Delhi High Court denied bail to a married person as he wanted to take advantage of the complainant by getting the complainant’s Date of Birth on the Aadhar Card changed so that when the applicant established physical relationship with the complainant, she would not have been a minor.

Case Briefs High Courts

Punjab and Haryana High Court upholds appointment of candidate holding Master’s Degree in Public Administration as a Political Science Lecturer

Punjab and Haryana High Court: In a Letters Patent Appeal, filed against the order which set aside the appointment of

Case Briefs High Courts

Delhi High Court grants permanent injunction in favour of Dream 11 in a trade mark infringement suit

Delhi High Court granted permanent injunction in favour of Dream 11 against the person who was operating under the domain name ‘www.dream11.bet’ and held that the domain name adopted by the defendant was deceptively similar to that of the plaintiffs and was clearly intended to ride on the goodwill and reputation of the plaintiff’s marks.

Case Briefs Supreme Court

Section 11B Central Excise Act’s limitation period applicable to claims for rebate of duty under Rule 18 of the Central Excise Rules, 2002: SC

Supreme Court observed that if it is accepted that the period of limitation prescribed under Section 11B of the Act shall not be applicable with respect to claim for rebate of duty as there is no mention of Section 11B of the Act either in Rule 18 or in the notification dated 6.9.2004, then there will not be any period of limitation for making an application for rebate of duty.

Case Briefs High Courts

Allahabad High Court holds revision order defective for admitting without condoning the delay

The Court, not doubting the bona fides of the District Judge, maintained the legal position of Section 5 stating that revision order was a defective one without condoning the delay. There may be instances where the interest of justice may demand Court’s interference to avoid frustration of proceedings due to technicalities, however, in the present instance nothing restrained the District Judge from deciding Section 5 application.

Case Briefs High Courts

Delhi High Court orders social media platforms to block circulation of sexually explicit video involving a judicial officer

The application was filed to restrain social media platforms from sharing the sexually explicit video of a judicial officer that was being circulated over the internet. Therefore, the Delhi High Court had taken up the suit on urgent mentioning and in the light of imminent and irreparable harm that was likely to be caused to the plaintiff.

Case Briefs High Courts

Delhi High Court directs Registrar of Trade Marks to add ‘BUKHARA’ mark to the list of ‘well-known trade marks’

Delhi High Court: In a case filed by ITC Ltd. seeking protection of the trade mark ‘BUKHARA', the Single Judge

Case Briefs Supreme Court

‘Bihar Govt, Pharmacy Council cannot be permitted to play with citizens’ life’; Patna HC to hear the Fake Pharmacists matter afresh: SC

Supreme Court observed that the Patna High Court ought to have called upon the Bihar State Pharmacy Council to file the status report on the allegations of fake pharmacist and/or on how many Governments’ hospitals/hospitals in the State are running without registered pharmacist.

Case Briefs High Courts

Accessible tourism is integral for equal participation of persons with disabilities; Madras High Court directs State to ensure easy accessibility of tourist places for physically challenged persons

Madras High Court: In a case filed by the petitioner seeking a direction to the respondents to take necessary steps

Case Briefs High Courts

Punjab and Haryana High Court directs Medical Termination of Pregnancy of minor rape victim

Punjab and Haryana High Court: While deciding the writ petition, a bench of Vinod S. Bhardwaj, J., directed the Medical Board to

Case Briefs Tribunals/Commissions/Regulatory Bodies

“Supreme Court acted in violation of the provisions of the Constitution”; CIC on SC’s 1993 ruling on payment of honorariums/salaries to Imams

Zee news-report stating that the Delhi CM declared that the salaries to Imams and others in mosques under and outside the purview of the DWB will be increased from rupees 10,000 to rupees 18,000 per month for Imams and from rupees 9000 to rupees 16,000 for helpers. CIC observed that same was virtually being paid by the Delhi Government using the tax payer’s money.

Case Briefs High Courts

Delhi High Court awards cost of Rs. 9 lakhs to a US based company to protect its well-known mark ‘JOHN DEERE’ and ‘TORQ-GARD’

Delhi High Court: In a case filed by a US based company for protection of its mark ‘JOHN DEERE’ and

Case Briefs District Court

A woman can be held guilty for committing offence under Section 354 IPC; Bombay Court convicts a woman for outraging modesty of another woman

Metropolitan Magistrate, 70th Court, Mazgaon, Mumbai: In a case filed against the accused for offences punishable under Section 324, 354, 504, 509

Case Briefs High Courts

Love affair traversed beyond the legal and moral bounds; Rajasthan High Court quashes Rape and POCSO case against the 22-year-old

Rajasthan High Court: The Court exercising its inherent powers under Section 482 of Criminal Procedure Code (Code), quashed the First

Case Briefs High Courts

Delhi High Court refers Parle-G and Britannia to Mediation; restrains Britannia from publishing print advertisements against Parle-G

Delhi High Court: In a dispute between Parle-G and Britannia regarding the video and print advertisements published against Parle-G, the

Case Briefs High Courts

Jharkhand High Court | Maintainability of application under S. 11(6), Arbitration and Conciliation Act, 1996 for appointment of substitute arbitrator

Jharkhand High Court: While allowing the application under Section 11(6), Arbitration and Conciliation Act, 1996 (Arbitration Act) for appointment of

Case Briefs Supreme Court

Section 45(4) of Income Tax Act applies not only in case of dissolution but also when subsisting partners transfer assets to retiring partners

The bench of MR Shah and M.M Sundresh, JJ explained the importance of the words “or otherwise” inserted to Section 45(4) of the Income Tax Act, 1961 by the Finance Act, 1987

Appellate Authority for Advance Ruling (Telangana)

Advance Rulings Case Briefs

AAAR (Telangana) | Sub Contractor not eligible fortaxexemption on pre and post examination services provided to an educational institution

Appellate Authority for Advance Ruling (Telangana): In an appeal against the ruling of the Telangana Authority for Advance Ruling (‘TAAAR’),

Case Briefs Supreme Court

UP Housing and Development Board’s function does not include fixing its employees’ service conditions; SC modifies 2014’s Preetam Singh verdict

On 10.02.2020, a division bench had come to the conclusion that the view taken by this Court in Preetam Singh’s case needs reconsideration after it prima facie found that the functions of the Board contemplated under Section 15 of the 1965 Act were wide enough even to cover the act of fixing service conditions of its employees. Hence, the matter was referred to a larger bench.

Case Briefs High Courts

Allahabad High Court| Class IV Contractual Employees entitled to be paid same wages in accordance with the provisions of ‘equal pay for equal work’

Allahabad High Court: In a writ petition filed against the validity of the order which rejected petitioner’s representation and claim