Case Briefs Archives

Power to recall orders not to be exercised when ground for vacating the judgment was available but not availed; Delhi High Court dismisses application for recall of order

The Delhi High Court dismissed an application filed for “recall of earlier order” under Section 151 of CrPC and held that the settled things could not be permitted to be unsettled at the behest of a person who had not been careful enough with regard to his rights and claims.

Case Briefs Supreme Court

Explained| The tussle between the Delhi Government and the Center as Supreme Court reserves verdict

On the final day of the hearing, Solicitor General, sought reference of Constitution Bench's 2018 judgment which interpreted Article 239 AA of the Constitution and asserted the supremacy of the elected government by stating that Lieutenant Governor was bound by ‘aid and advice' of Council of Ministers.

Case Briefs High Courts

Kerala High Court orders action against Devaswom Guard for misbehaving with the devotees at Sabarimala Temple on Makara Sankranti

Kerala High Court said that in many connected matters it had issued various orders regarding crowd management at Sabarimala, in order to ensure that maximum number of devotees have a comfortable darshan at Sabarimala

Case Briefs High Courts

Delhi High Court rules in the context of the procedure and principles of natural justice to be observed by the Indian Patent Office in a pre-grant opposition to a patent application

In pharmaceutical patents, especially, additional care must be taken to ensure that, by being allowed to evergreen a patent beyond its expiry, the patent holder does not keep others, who may seek to deal in the patented product, out of the market. The ultimate sufferer, in such a situation, would be the ailing public, who seek access to the product.

Case Briefs Supreme Court

Investigating Agencies deserve reasonable time to conduct investigation, Supreme Court sets aside Madras HC order quashing a criminal proceeding in haste

The Supreme Court noticed that in the case at hand, without giving any reasonable time to the investigating agency to investigate the allegations in the FIR, the Madras High Court has, in haste, quashed the criminal proceedings.

Case Briefs High Courts

Kerala High Court |Violation of SARFAESI Rules for Sale of property is under DRT’s Scope, beyond Article 226

Kerala High Court dismissed a petition seeking setting aside of sale of property conducted in violation of SARFAESI Rules, and saidthat the relief sought is within the scope of the Debt Recovery Tribunal, and not Article 226 of the Constitution of India.

Case Briefs High Courts

“Schezwan Chutney” is a mere descriptive term; Delhi High Court rejects plea of Capital Food (P) Ltd. of restraining Radiant Indus Chem (P) Ltd. from using the word “Schezwan Chutney”

The Delhi High Court held that “SCHEZWAN CHUTENY” was a mere descriptive term and therefore, Radiant Indus Chem (P) Ltd. could not be stopped from using the same and the Court further held that if protection was granted to the mark “SCHEZWAN CHUTNEY”, then similar protection should also be granted to ‘Tamarind Chutney' or ‘Tomato Chutney', as they were also combinations of words in “English and Hindi”.

Case Briefs Supreme Court

Specific Performance| Supreme Court’s split verdict over a party’s readiness and willingness to perform his part of the contract

While Justice Shah stated that the Kerala High Court has erred in interfering with the judgment of Trial Court of passing a decree for specific performance; Justice Nagarathna affirmed the Judgment of the High Court.

Case Briefs International Courts

ECJ mandates employers to reimburse cost of spectacles and lenses for work involving display screen equipment

European Court of Justice: In a landmark ruling the Bench comprising A. Prechal (President), M.L. Arastey Sahún (Rapporteur), F. Biltgen, N. Wahl

Case Briefs Supreme Court

Child adopted by government servant’s Hindu widow, after his death, not ‘family’ under the CCS (Pension) Rules: Supreme Court

The bench of KM Joseph and BV Nagarathna, JJ has held that the definition of ‘family' under the Central Civil Services (Pension) Rules, 1972 is a restrictive and specific one and cannot be expanded to take within its sweep, all heirs, as provided under Hindu law, or other personal laws.

Case Briefs High Courts

Confessional statements should lead to discovery of ‘fact’; Delhi High Court grants bail to the accused under the NDPS Act

None of the statements of the applicant led to any discovery of a ‘fact' in terms of Section 27 of the IEA.

Case Briefs High Courts

“Woman is not a pendulum and cannot be forced to swing between motherhood and employment”,Madras High Court upholds maternity benefits, as welfare legislation and benefits cannot be deprived on mere interpretation and technicalities

It is to be remembered that birth of a baby is rebirth of a mother and if a woman is not properly taken care during the period of pregnancy and after delivery, it will certainly affect two lives, namely, mother and new borns

Case Briefs Supreme Court

Nursing Assistants not entitled to the Nursing Allowance on a par with the Staff Nurse: Supreme Court

They neither had relevant experience nor possessed educational qualification for appointment as Staff Nurse. Therefore, the Supreme Court held that the High Court erred in directing that the Nursing Assistants serving in Assam Rifles were entitled to Nursing Allowance on a par with the Staff Nurse.

Case Briefs High Courts

Approval of a Resolution Plan does not ipso facto discharge a Personal Guarantor of a Corporate Debtor of his liabilities under Contract of Guarantee; Allahabad High Court reiterates

Allahabad High Court said that challenge to demand notice for electricity dues, issued jointly in name of Directors of the insolvent company cannot be sustained on the ground that liabilities of guarantor stood automatically discharged on acceptance of Resolution Plan.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Cancelled Flat Bookings amount to non-performance of service; CESTAT directs Authorities to refund service tax to Builder

CESTAT states that cancelled flat bookings amount to non-performance of service,Held that Service tax is not applicable if no service is rendered.

Case Briefs District Court

[Chanda Kochhar Case] CBI Court allows addition of the charge of breach of trust in the FIR

The Special Judge of CBI Court reiterated that it is not necessary for the IO to seek prior permission of the Court for adding or deleting Sections , on the basis of material collected by him, and can intimate about it to the Court.

Case Briefs High Courts

“SUBWAY” and “SUBERB” not phonetically and deceptively similar; Delhi High Court dismisses Subway’s plea for injunction for its mark “SUBWAY” against Infinity Food’s mark “SUBERB”

The Delhi High Court dismissed Subway's plea for injunction for its mark “SUBWAY” against Infinity Food's mark “SUBERB” in a trade mark infringement case and held that the appearance of Infinity Food's red and white “SUBERB” mark could not be said to be deceptively similar to Subway's device mark, “SUBWAY”.

Case Briefs Supreme Court

Explained| Can bail be cancelled on merit once the accused is released on default bail?

“The Courts have the power to cancel the bail and to examine the merits of the case in a case where the accused is released on default bail and released not on merits earlier. Such an interpretation would be in furtherance to the administration of justice.”

Case Briefs High Courts

Madras High Court issues directions for conducting the traditional game of cock fight during the Pongal festival

Madras High Court granted police protection for conducting Cock fight to mark the birthday celebrations of the late Chief Minister Dr.M.G.Ramachandran, subject to certain conditions.

Case Briefs Supreme Court

Whether non-production of Power of Attorney to prove a sale deed would be fatal to the case of the plaintiff?; Supreme Court’s split verdict

While Justice Shah stated that the plaintiff had not produced the Power of Attorney, Justice Nagarathna opined that non-production of Power of Attorney was not fatal to the case of the original plaintiff.