Case Briefs Archives

If dispute is arbitrable and arbitration clause exists, Courts ought to refer dispute to arbitration under S. 8 of A&C Act, 1996: Gauhati HC

In the present case, Clause 12 of the partnership deed indicated that the Partnership Act, 1932 and its Rules shall cover only those aspects not specifically mentioned in the deed.

Case Briefs Supreme Court

Supreme Court overturns Patna HC Order postponing bail implementation for six months

“This is one of the few orders we have come across in last few days passed by the High Court, in which, without deciding the matter on merits, the High Court has granted the bail to the accused, subject to the condition that he shall furnish the bail bonds after six months of the passing of the order.”

Case Briefs High Courts

‘Nominated Authority let its claim get extinguished without protest’; Delhi High Court refuses to interfere with judgment in favour of OCL Iron and Steel Ltd.

‘As per the ‘clean slate’ principle — to get a fresh breath, the successful Resolution Applicant is permitted to proceed in resurrecting the ‘on-going concern’ and no surprise claims are flung upon it, lest the effort of revitalizing and restarting the Corporate Debtor are wasted.’

Case Briefs High Courts

CWC’s orders must prioritize child’s best interests over personal moral values; Kerala High Court grants custody of infant to breastfeeding mother

“Judged by moral standards of the CWC members, the petitioner may not be a good person, but that does not make her a bad mother.”

Case Briefs Supreme Court

Post-surgery deterioration not automatically indicative of medical negligence; Supreme Court overturns NCDRC order

“When reasonable care, expected of the medical professional, is extended or rendered to the patient unless the contrary is proved, it would not be a case for actionable negligence.”

Case Briefs High Courts

Delhi High Court grants injunction in favor of Yahoo Inc. against trademark infringement by ‘YAAHOO!’ Mouth Freshener

Yahoo Inc.’s investigation revealed that the defendant was producing a mouth freshener under the name “YAAHOO! Mouth Freshener.” that closely resembled the established trademark “YAHOO!”, leading to allegations of trademark infringement and passing off.

Case Briefs High Courts

Calcutta High Court stays suspension and expulsion orders issued by R.G. Kar Medical College Council

The petitioners are aggrieved by an order dated 05-10-2024, passed by the Special College Council Members of R.G. Kar Medical College and Hospital, alleging that they have been arbitrarily subjected to suspension and expulsion.

Case Briefs High Courts

Disability suffered by Army personnel could be attributed to service conditions; Delhi HC refuses to interfere with AFT order

‘The Medical Board Proceedings acknowledged that the posting of the army personnel involved severe/exceptional stress and strain’

Case Briefs High Courts

Maternity Benefits Act takes precedence over contractual conditions for contractual employees: Madras High Court

Madras High Court affirmed that the NRHM Nurses are eligible for maternity leave of 270 days with pay as per the Maternity Benefits Act, 1961

Case Briefs Supreme Court

[Motor Accident Claim] Aadhar not proof of date of birth; SC affirms age determination using School Leaving Certificate

The Court also referred to multiple High Court decisions regarding the issue of using Aadhar card to determine age and clarified that it has not expressed any view on the merits of those cases.

Case Briefs High Courts

Bombay High Court declares ‘Girnar’ as a well-known trade mark in relation to tea

The trade mark/label mark ‘Girnar’ surpasses the scope of merely encompassing products/services sold or rendered under the said trade mark and the recognition, reputation, and goodwill of plaintiff-Girnar Food & Beverages Pvt. Ltd. in its trade mark extended beyond any specific class of goods or services.

Case Briefs High Courts

‘Protection of environment is inseparable part of Right to Life’; Rajasthan High Court takes Suo Moto cognizance on encroachment of water bodies

“Water is an invaluable and precious natural resource essential for the survival of all living beings. We cannot imagine life without water. Let it be animals, plants, they require water to complete their daily metabolic activity.”

Case Briefs High Courts

2017 Mandsaur Firing | MP High Court rejects PIL to table Justice Jain Commission Report before MP legislative assembly after 6-7 yrs delay

The Justice Jain Commission Report pertains to the 2017 Mandsaur farmers’ protest, during which police action resulted in five deaths and several injuries.

Case Briefs Supreme Court

Supreme Court sets aside Calcutta HC judgment denying extension of arbitration mandate beyond deadline for making an award; Directs fresh adjudication of petition

In the Judgment dated 12-09-2024, Supreme Court had held that an application for extension of time for passing an arbitral award under Section 29A (4) read with Section 29A (5) is maintainable even after the expiry of the twelve-month or the extended six-month period. The court, while adjudicating such extension applications will be guided by the principle of sufficient cause.

Case Briefs High Courts

Delhi High Court directs Ethiopian Airlines to release Rs 2,75,000 as compensation for missing baggage of NRI passenger

A complaint was filed by an NRI passenger who booked a business-class ticket with Ethiopian Airlines for a non-stop flight from Nigeria to India and upon landing in Delhi, he discovered that one of his bags, containing important documents and valuables, was missing.

Case Briefs High Courts

Delhi High Court impleads non-signatories as ‘veritable parties’ in arbitration proceedings for having substantial involvement in fulfilling terms of MoS

‘If the non-signatory’s actions align with the signatories, it could reasonably lead the signatories to believe that the non-signatory was a veritable party to the contract containing the arbitration clause.’

Case Briefs High Courts

Delhi HC directs Union to grant retrospective seniority to CRPF Inspector who regained SHAPE-I Medical Category after being temporarily unfit

‘The Standing Order issued by the Director General, CRPF makes it evident that medical category SHAPE-I is an essential condition for promotion of all combatised personnel in all groups, ranks, and cadres in the Central Armed Police Forces.’

remission of sentence conditions revocation

Case Briefs Supreme Court

Remission of Sentence | Conditions must be reasonable; Remission can’t be revoked without following natural justice principles: SC

The Court further explained that Registration of a cognizable offence against the convict, per se, is not a ground to cancel the remission order. Every case of breach cannot invite cancellation of the remission order.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT upholds Central government’s takeover of Delhi Gymkhana Club; directs conduct of elections for management restoration

The NCLAT noted that the NCLT had not delegated its jurisdiction to the 15-member committee but tasked the committee to act under the NCLT’s oversight, ensuring compliance with its guidance and observations.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Sporta Technologies, ruling against ‘Dream11’ logo infringement

The impugned mark, “DREAM11”, is clearly used as the domain name of the defendant’s website and its logo. The description of the defendant’s platform as contained on its website reveals that its services are identical to those of Sporta Technologies.