Case Briefs Archives

“Unjust benefit given to husband”: Madhya Pradesh HC deprecates Family Court for granting divorce without framing issues and recording evidence

“We are surprised and shocked by the way the Family Court has taken the matter under Order VII Rule 11 of the CPC and given a relief to the husband, which was liable to be given only after framing the issues and recording the evidence.”

Case Briefs High Courts

Kerala HC bars Physiotherapists and Occupational Therapists without medical qualification from Using ‘Dr.’

“The Ministry of Health & Family Welfare had ordered the removal of the prefix ‘Dr.’ for Physiotherapists, stating that using the title ‘Doctor’ without a recognized medical qualification would violate the Indian Medical Degrees Act, 1916. The order was later withdrawn.”

Case Briefs High Courts

Bombay High Court sets aside injunction in trade mark dispute between SNN and UP-based popcorn maize seller

“The distinctive features should be discussed in order to decide as to whether the two packets/trade dresses, viewed as a whole, would cause confusion in the mind of end consumers or not.”

Case Briefs Supreme Court

Judges do not sit to settle scores but to settle law: Supreme Court reasserts Judicial Discipline and Obedience to Precedents

The observations came in an appeal against the Bombay High Court ruling wherein the binding precedent in Godrej & Boyce Mfg. Co. Ltd. v. State of Maharashtra (2014) 3 SCC 430 was not followed.

Case Briefs High Courts

Madras High Court rejects NEET admission plea; Orders FIR over tampered scorecard citing moral turpitude

“It is true that the petitioner is aged about 21 years. However, there must be some one behind the petitioner, who has indulged in tampering with the score card.”

S. 359 BNSS no bar on HC's inherent power

Case Briefs High Courts

S.359 BNSS not a bar on High Court’s inherent power under S. 528 to quash FIRs: Jammu & Kashmir and Ladakh HC

“Criminal litigation between near relatives or co-sharers often originate from civil or matrimonial disputes and directing the quashment of proceedings by invoking the inherent powers in cases of personal nature not involving any heinous offence, is likely to meet the ends of justice.”

Case Briefs High Courts

“Photos show trees not transplanted, rather cut completely”: MP HC directs State to file photos with GPS location of 253 allegedly transplanted trees out of 488 illegally cut trees

“The photographs placed on record of alleged transplanted trees show that none of the trees have been transplanted, rather the trees have been cut completely.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Service tax not payable on use of trade marks not registered under Indian law: CESTAT

Intellectual property not registered in India do not constitute ‘intellectual property rights’ within the meaning of Section 65(55a) of the Finance Act, 1994 and the related services are not ‘intellectual property services’ within the meaning of Section 65 (55b) of the Finance Act, 1954.

Case Briefs Supreme Court

Supreme Court issues directions addressing rise in dog bites incidents within institutional areas & road accidents caused by stray cattle

“The State and its instrumentalities bear an affirmative obligation to ensure that no citizen, least of all children, elderly people and patients, are exposed to preventable injury or disease within public premises”.

suppression of criminal antecedents by election candidate

Case Briefs Supreme Court

Non-disclosure/suppression of previous conviction by candidate renders election void; hampers free exercise of electoral right: Supreme Court

Non-furnishing information pertaining to criminal antecedents has the effect of causing undue influence which creates an impediment in the free exercise of electoral right by a voter.

Case Briefs High Courts

‘Endangers public health, strikes at root of societal imbalance’: Telangana HC on spread of Narcotic Substances

“Public health and safety form an essential part of the constitutional vision under Articles 21 and 47 of the Constitution of India.”

Case Briefs High Courts

“The film is an inspiration and fiction”: Madhya Pradesh HC denies relief to Shah Bano’s daughter against release of ‘Haq’ Movie

“Since the film is an inspiration and a fiction, some amount of leeway is certainly permissible and merely because the same is done, it cannot be said that there has been any sensationalization or false portrayal.”

Case Briefs High Courts

First wife not a silent spectator; Must be heard before registration of Muslim man’s second marriage: Kerala HC

“The Court cannot ignore the feelings of the first wife and allow a Muslim man to march over her, for registering his second marriage, without notice to the first wife.”

Case Briefs High Courts

‘100 lives lost in 2 weeks’: Rajasthan High Court takes suo moto cognizance of recurring road accident deaths, seeks Centre and State response

“It is of grave concern that, while the nation places immense value on its human resource, widespread apathy and negligence among citizens regarding public and road safety continue to magnify societal anguish.”

Case Briefs Supreme Court

Communicating the grounds of arrest mandatory; Non-compliance would render the arrest and subsequent remand as illegal: Supreme Court

“The arrest of an individual invariably impacts not only the person arrested himself, but also the persons associated with him, i.e. family, friends, relatives, etc., affecting their psychological balance and overall social well-being”.

Family property dispute under Senior Citizens Act

Case Briefs High Courts

Settling family property disputes under Maintenance & Welfare of Parents & Senior Citizens Act, 2007 is against its object: Punjab and Haryana High Court

In the case at hand, a transfer deed was executed between a senior citizen and his grandchildren, which stated that the transfer was subject to the condition that the transferee would provide the senior citizen with basic amenities.

Case Briefs High Courts

Chinese Manjha Deaths Case: Chhattisgarh HC disposes PIL, directs State to ensure strict implementation of ban on manufacture, sale, storage, & use of manjha

“The State is expected to remain vigilant and adopt all preventive steps to safeguard the lives and safety of its citizens.”

Case Briefs High Courts

Madras High Court: Elderly wife’s silent suffering is not consent, marriage doesn’t entitle men to unquestioned authority

“Protecting octogenarian women who have lived entire lifetimes within oppressive domestic environments is not merely an act of legal redress, but a reaffirmation of the constitutional promise of dignity under Article 21 of the Constitution.”

Case Briefs High Courts

Patna HC denies relief to RJD candidate Sweta Suman for her nomination rejection in upcoming Bihar Polls

“If any interim or final orders are passed at this stage, it would directly affect the election process and would have the effect of delaying or protracting the election process, which admittedly has already commenced.”

Mere taunts not cruelty under Section 498A

Case Briefs High Courts

Mere taunts, casual references, vague assertions or general family friction not “cruelty” under Section 498A: Delhi High Court

While general allegations may suffice for the purpose of investigation being commenced, the same is not sufficient for the continuance of consequent proceedings.