Case Briefs Archives

Trade Mark Infringement | Cal HC restrains use of registered mark prominently used in infringer’s otherwise different packaging

Calcutta High Court: Moushumi Bhattacharya, J. granted an injunction until further orders in favour of registered proprietor of trademark. In the instant

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Can input services used by the provider of taxable service for providing output service be covered by the exclusion clause? Tribunal answers

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): SS. Garg (Judicial Member) allowed appeals which were filed after the rejection of refund

Case Briefs High Courts

P&H HC | Amandeep Singh’s case has not been appreciated in its real sense by the Family Court; HC allows waiving off mandatory 6 months period for divorce

Punjab and Haryana High Court: G. S. Sandhawalia, J., allowed the application for waiving off the mandatory period of six months for

Case Briefs High Courts

Gangubai Kathiawadi | Can an adoptive son file for defamation of deceased mother? Bom HC decodes

Bombay High Court: Nitin W. Sambre, J., expressed that, “The law on the principle of Torts that an action dies with the

Case Briefs Supreme Court

Is officer-in-charge obligated to arrest each and every accused at the time of filing chargesheet? SC answers in negative, holds it is contrary to intent of S. 170 CrPC

Supreme Court: A Division Bench of Sanjay Kishan Kaul and Hrishikesh Roy, JJ. has held that if the Investigating Officer does not

Case Briefs High Courts

Raj HC | Judgments cited by the applicant cannot be made basis as a precedent to infer that the balance of convenience always lies in favour of the wife; Transfer petition allowed

Rajasthan High Court: Rameshwar Vyas, J. allowed the transfer petition and transferred the matter to the Family Court, Ajmer. The instant transfer

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | ‘Acknowledgment’ is based on neighboring circumstances and has nothing to do with the form-Rejects Appeal

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Venugopal M (Judicial Member) and V.P. Singh (Technical Member) while setting aside

Case Briefs High Courts

MP HC | M.P. State Legal Service Authority to provide assistance to transgenders in getting their Identity Cards/Transgender Cards; State directed to ensure other benefits

Madhya Pradesh High Court: The Division Bench of Mohammad Rafiq, CJ and Vijay Kumar Shukla, J., decided in the matter of a

Case Briefs High Courts

Raj HC | “Live-in relationship cannot be at the cost of social fabric of this country”; Police protection rejected to a live-in couple

Rajasthan High Court: Satish Kumar Sharma J. dismissed the petition and rejected police protection to a couple. The instant petition was filed

Case Briefs High Courts

Ori HC took stock of issue of illegal prawn enclosures (‘gheries’) around Indian wetland of international importance, the eco-sensitive Chilika Lake; Laid directions

Orissa High Court: A Division Bench of S. Muralidhar and B. P. Routray, JJ., addressed the issue of the problems encountered in

Case Briefs High Courts

[Bengal Post Poll Violence] Cal HC | CBI probe ordered in the investigation after NHRC report; Court also constitutes SIT of all IPS officers to install faith of the people in rule of law [Detailed Report]

Calcutta High Court: The Full Bench of Rajesh Bindal, ACJ and I.P. Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar, JJ., continued

Case Briefs Supreme Court

SC sets free three murder convicts finding investigation was done under political pressure to allow real culprits escape by burying the truth fathom deep

Supreme Court: A Division Bench of Indira Banerjee and V. Ramasubramanian, JJ. reversed concurrent judgments of the trial court and the Madhya

Case Briefs High Courts

5-Judge Bench of Patna HC directs to demolish entire building of newly erected Waqf Bhawan constructed in close proximity of Centenary Building of the HC; Justice Ahsanuddin Amanullah dissents

Patna High Court: A Special 5-Judges Bench comprising of Ashwani Kumar Singh, Vikash Jain, Ahsanuddin Amanullah, Rajendra Kumar Mishra and Chakradhari Sharan

Case Briefs High Courts

All HC | “Little girls are worshipped in our country, but cases of pedophilia are increasing” : HC says it’s time to strictly stop this kind of crime

Allahabad High Court: Sanjay Kumar Singh, J., expressed that, “Little girls are worshiped in our country, but the cases of pedophilia are

Case Briefs High Courts

Bom HC | Husband marrying second time after grant of divorce. Is it ‘domestic violence’ within DV Act? Decrypted

Bombay High Court: Manish Pitale, J., expressed while addressing the present application that, “Second marriage cannot come within the definition of domestic

Case Briefs Tribunals/Commissions/Regulatory Bodies

SEBI | Carrying out mutual funds with DGP scheme and an Investment Adviser but with no registration | Orders to pay the amount along with several other restrictions

Securities Exchange Board of India (SEBI): G Mahalingam, Whole Time Member, considering the factual chain and evidences directed the Noticees to cease

Case Briefs High Courts

Under Parents and Senior Citizens Act, is it necessary to find out whether property belongs to parent exclusively or is a shared household in which daughter-in-law has rights? Bom HC deciphers

Bombay High Court: The Division Bench of Ujjal Bhuyan and Madhav J. Jamdar, JJ., while explaining the provisions under Maintenance and Welfare

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT | Tribunal discusses distinction between mere provision of ‘table space’ and actual rendering of service; Non discharge of tax liability as provider of “business auxiliary service” partly allowed

Customs, Excise and Services Tax Appellate Tribunal (CESTAT): The Coram of CJ Mathew (Technical Member) and Ajay Sharma (Judicial Member) partly allowed

Case Briefs Tribunals/Commissions/Regulatory Bodies

Spain | AEPD imposes fine of €3,000 for unlawful use of video surveillance

On August 05, 2021, the Spanish Data Protection Authority (‘AEPD’) imposed fine on an individual of €3,000 for its unlawful use of

Case Briefs Supreme Court

[Consumer Rights] SC takes cognizance of Government’s lackadaisical attitude towards consumer empowerment; Issues directions to conduct a Legislative Impact Study on Consumer Protection Act, 2019

Supreme Court: Opining that empowerment of the consumers is the legislative intent behind the Consumer Protection Act, 2019 and the ground reality