Case Briefs Archives

Delhi Court grants anticipatory bail to father-son duo in Hotel Sarovar Portico Trespass Case

Allegedly, the accused persons had hired 30-40 masked men to criminally trespass Hotel Sarovar Portico, Vasant Kunj, due to ongoing dispute over the possession and ownership of the same.

Case Briefs High Courts

Bombay HC grants interim relief to Malabar Gold; orders deletion of ‘Sympathiser of Pakistan’ allegations online

The problem that Malabar Gold now faces is that several posts/materials/stories are being posted on social media platforms against it by random persons seeking to connect Malabar Gold with the neighbouring country.

Case Briefs High Courts

“No abetment by the Company running Shaadi.com”: Inside Allahabad HC order quashing extortion case against Shaadi.com CEO Anupam Mittal

“Anupam Mittal could not be alleged to have committed any offence in his personal capacity.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Resolution Professional to be appointed as liquidator unless replaced by Adjudicating Authority on grounds provided in Section 34 IBC: NCLAT

The power envisaged under Section 34(4)(b) of the IBC is a power to recommend the replacement of the particular Resolution Professional on facts specific to that individual and is not a general power that could be exercised by the IBBI for issuing the Circular.

Case Briefs High Courts

Government Servant acquitted after 39 years in a Rs. 100 bribe case: Inside Chhattisgarh HC Ruling

“The evidence, whether oral, documentary, or circumstantial, falls short of establishing the essential ingredients of the alleged offence of bribery.”

Case Briefs Supreme Court

Supreme Court urges High Courts to encourage filing of anticipatory bail applications first before Sessions Court; discourage direct interference

“A balance has to be struck to protect individual liberty of accused and to secure an environment that is free from any fear in the hearts of victims of the alleged perpetrators. Although grant of bail is a discretionary exercise, the courts must be cautious to exercise the discretion judiciously.”

Case Briefs High Courts

Bihar Prohibition and Excise Act does not apply to Alcoholic content from fermentation in energy drink: Patna High Court

“Bihar Prohibition and Excise Act does not prohibit sale etc. of the non-alcoholic substances in conformity with the standard set by the BIS”

judicial officers to undergo special training

Case Briefs Supreme Court

‘Manner of granting bail revealed procedural irregularities at grassroot levels of judiciary’; Supreme Court directs special training for two judicial officers

“The case at hand exhibits an exceptional factual prism, impelling a deeper scrutiny beyond the conventional principles governing the subject. Unfortunately, the High Court while passing the impugned order also overlooked the germane factual position and saw the issue as merely being one of cancellation of bail.”

Case Briefs High Courts

‘Courts should be tolerant; strictures against public servants must be avoided unless absolutely necessary’: Jammu & Kashmir and Ladakh HC expunges disparaging remarks

“Time and again this Court has cautioned the Courts to eschew the tendency to pass strictures and remarks against the public servants unless the same was absolutely necessary for disposal of the case and the concerned officer has been put to notice.”

Case Briefs High Courts

Victim’s marriage to accused and childbirth not grounds to quash POCSO FIR: Bombay HC

The Court observed that merely because the girl had now given birth to a child the acts of the applicants could not be brushed aside.

Case Briefs Supreme Court

Breakdown of Supreme Court verdict in Bhushan Power & Steel Insolvency case

“The Corporate Debtor in the present case was running into substantial losses which has now become a profit-making entity earning substantial profits. The SRA — JSW invested huge amounts in modernization and expansion of the entity. Not only that but thousands of employees have been earning their livelihood on account of the Corporate Debtor running as an on-going concern due to the Resolution Plan being implemented by the SRA — JSW.”

Case Briefs High Courts

Delhi High Court grants partial relief to Princeton University in trademark infringement case

“The infraction of the rights of the appellant can take place in various shapes like dilution of its mark, initial interest confusion, and actual confusion.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

All partners have unlimited liability for acts of partnership firm irrespective of their role or profit share: SEBI

With respect to noticee’s liability as a partner, the noticee submitted that she resigned within short span of time and did not receive any remuneration or profit from the firm. Further, she was not a part of decisions or involved in day-to-day affairs of the firm.

Case Briefs High Courts

‘This is attack on entire judiciary’: Jharkhand High Court condemns hooliganism made in open Court by advocate upon rejection of anticipatory bail

“If he will be allowed to go scot free, message will go in the society that anything can be stopped to be delivered by a Judge for if such type of hooliganism is made in the open Court.”

Case Briefs High Courts

‘Facilitating rape is a heinous offence’: Karnataka High Court rejects bail of accused

“The act committed by the accused along with another accused will remain in her life as a scar.”

Case Briefs High Courts

‘Commission would interfere with PMLA investigations’, Kerala HC affirms stay on State-ordered judicial inquiry into ED in UAE Gold Smuggling Case

“The audio clip and letter found, alleged coercion of ED officers to implicated CM Pinarayi Vijayan and other political leaders in a case involving seizure of 30 kg of gold worth Rs 14.82 crore at the Thiruvananthapuram International Airport on 06-07-2020, which was allegedly marked as ‘Diplomatic Baggage’ and was being sent to the UAE Consulate.”

Case Briefs High Courts

WhatsApp evidence and money trail: Bombay HC denies bail in cocaine smuggling syndicate case

“The WhatsApp chats recovered by the Cyber Forensic Laboratory from the mobile phones used by the applicant throw up evidence of his involvement in the smuggling syndicate of the contraband substance.”

Case Briefs High Courts

‘Mere repayment of misappropriated amount does not efface criminal prosecution’; Kerala HC refuses to quash foreign liquor corruption case

“The misappropriated amount showed that the foreign liquor found in shortage was a gigantic quantity and therefore, prima facie, it could not be held that the shortage occurred because of some unintentional omissions or oversights.”

Case Briefs High Courts

Delhi High Court grants relief to CROCS in trade mark dispute; cancels registration of ‘CROOSE’ mark

The petitioner company Crocs is a popular footwear brand with a widespread range of more than 300 styled for men, women and children which are popular both in India and abroad.

Case Briefs High Courts

Orissa HC recognises marriage as traditional necessity; Allows early withdrawal of fixed deposits under National Savings Time Deposit Scheme

“Rule 8(d) of the Scheme specifically provides for premature encashment. However, the thrust of the rule is the rate of interest payable on the deposit, when it is withdrawn after four years, but before maturity. Such a rule cannot be treated as putting a complete embargo against premature withdrawal. This being said, this Court does not express any opinion as to payment of interest, when premature withdrawal is done”