Case Briefs Archives

Preliminary inquiry & opportunity of hearing to would-be accused under Section 340 CrPC: Whether mandatory? Supreme Court answers

“The scenario is that any order or judgment passed by this Court becomes a reportable exercise to create more volumes of reported cases! This thus has a possibility at times of causing some confusion on the legal principles prevalent.”

Advance Rulings Case Briefs

Whether non-alcoholic malt drink “Kingfisher Radler” covered as ‘carbonated beverages of fruit drink or with fruit juice’; Karnataka Authority of Advanced Ruling answers

Authority of Advanced Ruling (Karnataka): In an application filed to sought advance ruling on the question that, whether the non-alcoholic malt drink

Case Briefs High Courts

Punjab and Haryana High Court put salaries of Public Prosecutor and Investigating officer on hold for failing to perform their duties; Grants bail to POCSO accused

Punjab and Haryana High Court: While granting bail to the accused booked under Protection of Children from Sexual Offences Act,

Case Briefs High Courts

Delhi High Court grants injunction against a website using TATA mark “targeting” Indian public

The considerations, while deciding an application for grant of ad-interim injunction could be less stringent than the one for final relief in a suit. Interim decisions are required to be made based on probable rather than a definitive view.

Case Briefs Supreme Court

Delhi Land Reforms Act 1954 a special law; Succession provided in Hindu Succession Act 1956 will not prevail over it: Supreme Court

Supreme Court: In a case where challenge was made to declare Section 50(a) of the Delhi Land Reforms Act, 1954 unconstitutional being

Case Briefs Supreme Court

Supreme Court upholds the constitutional validity of the Haryana Sikh Gurdwara (Management) Act, 2014

Supreme Court: In the writ petitions challenging the constitutionality Haryana Sikh Gurdwara (Management) Act, 2014, the division bench of Hemant Gupta* and

Case Briefs High Courts

Delhi High Court quashes FIR lodged with Economic Offences Wing Delhi in view of deposition made by complainant regarding settlement

Delhi High Court: In a petition filed by Jaideep Singh (’Petitioner’) for quashing of FIR registered by Shaildendra Singh (‘Respondent

Case Briefs High Courts

Madras High Court directs police authorities to prohibit obscene and vulgar dance performances during Dusshera festival

Madras High Court: In a writ petition filed for directing the respondents to obtain a declaration from the organisers of

Advance Rulings Case Briefs

Authority of Advanced Ruling | Myntra ineligible to avail input tax credit on vouchers and subscription packages procured from third party

Authority of Advanced Ruling (Karnataka): In an application filed to sought advance ruling on the question that, whether the applicant

Case Briefs Supreme Court

Pre-sentence hearing in Capital Punishment Cases: Mandatory or discretionary? CJI lead 3-judges Bench refers question to Constitution Bench

Supreme Court: In a suo motu case initiated to address the question as to whether the provision of pre-sentence hearing in capital

Case Briefs Supreme Court

Supreme Court finds High Court and Tribunal finding erroneous for applying standard meant for ad hoc promotions to the case of regular promotions

Supreme Court: In three appeals against an order directing separate zone of consideration for promotion of Scheduled Caste (SC)/Scheduled Tribe

Case Briefs High Courts

Gujarat HC | Use of any product by any person, without the permission of the license owner or the Registrar, would amount to copyright infringement

Gujarat High Court: While deciding the instant matter concerning copyright infringement, the Bench of Niral Mehta, J., observed that a

Case Briefs High Courts

Delhi High Court grants ad-interim injunction in favour of INDIAMART against fraudulent website offering work from home data entry jobs

Delhi High Court: In a suit filed by Indiamart Intermesh Limited (‘plaintiff’) seeking permanent injunction against fraudulent website https://india-mart.co/ registered

Case Briefs High Courts

[Kerala Dog Menace] Kerala High Court directs State to provide immediate, effective, & free medical treatments to injured persons

“It is not mere co-incidence that Article 51-A of our Constitution uses the expression ‘compassion’ and ‘humanism’ while enumerating the duties expected of the citizenry towards the environment and living creatures.”

Case Briefs High Courts

Sikkim High Court | Retired Government employee cannot be denied Leave encashment benefits unless re-employment is contractual

Sikkim High Court: While deciding the instant writ petition regarding leave encashment of a retired re-employed employee of the State

Case Briefs High Courts

Delhi High Court grants ad-interim injunction against Tensberg having phonetic similarity with Carlsberg

The advertisements on the Facebook page and YouTube channel alone, in my prima facie opinion, cannot be sufficient to deny the plaintiff its statutory rights as a registered proprietor of the mark.

Case Briefs Supreme Court (Constitution/Larger Benches)

SC Constitution Bench| Binding nature of a judgment depends on the Bench Strength and not the numerical strength of the Judges taking majority view

Supreme Court: Explaining the doctrine of precedents, the 5-judge Constitution Bench of Indira Banerjee*, Hemant Gupta*, Surya Kant, MM Sundresh and Sudhanshu

Case Briefs High Courts

Delhi High Court| MCD being a public body established for the benefit of the public at large cannot shirk off its responsibility by citing financial constraints

Delhi High Court: In two cross letter Patents appeal, one by the petitioner/appellant for the enhancement of costs imposed upon the Municipal

Case Briefs High Courts

Tripura High Court reiterates that charges framed against the accused must be established and proved beyond any shadow of doubt

Tripura High Court: In a criminal revision petition filed for examining the legality, validity and propriety of the impugned judgment passed by

Case Briefs Supreme Court

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

“Quashing of a complaint is a serious matter. Complaint cannot be quashed for the asking. For quashing of a complaint, it must be shown that no offence is made out at all against the Director or Partner.”