Case Briefs Archives

Gauhati HC grants relief to woman driven out of matrimonial home due to lighter complexion of child

“The parties are dark complexioned people, but their child was fair complexioned. That is the reason why the dispute arose, and the husband started to physically harass the wife and drove her out of the matrimonial house along with the child.”

Case Briefs High Courts

Delhi High Court directs State to reconsider premature release of a prisoner incarcerated for more than 21 years; suggests reconstitution of Sentence Review Board

“The Sentence Review Board (‘SRB’) deals with human beings, that too those who have been deprived of liberty across a long span of time on account of their aggression which led to criminality. The approach of the SRB ought to be reformation oriented and not a routine disposal/statistic dominated exercise.”

Case Briefs High Courts

No well-known mark status to ‘TikTok’: Inside Bombay High Court Ruling

The mark ‘TikTok’ is already a registered trade mark in India and enjoys all statutory protection available under the Trade Marks Act, 1999, but its inclusion in the list of well-known marks, will obviously give added protection to a mark.

Case Briefs High Courts

[Constructive Desertion] Calcutta High Court sets aside divorce granted to husband due to his foundational deceit and concealment of prior marriages

The deliberate suppression of such a crucial and material fact concerning one’s marital history at the solemnization of marriage, especially when it involved a contentious prior dissolution and criminal proceedings (a 498A IPC case), constitutes profound and inexcusable mental cruelty to the wife.

Case Briefs High Courts

Kerala High Court allows reopening of Cosmetiq Hospital after closure over alleged medical negligence in Liposuction Case

Kerala High Court permitted the petitioner to conduct the hospital strictly in accordance with the provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, and the conditions stipulated in the licences and permissions obtained.

Case Briefs High Courts

‘Was only present during operation as team member’; Inside Patna HC’s order quashing 22-year-old medical negligence case against a female gynaecologist

The Patna High Court relying upon the Supreme Court’s decisions in Debendra Nath Padhi, (2005) 1 SCC 568 and Bhajan Lal, 1992 Supp (1) SCC 335, acquitted the female gynaecologist in the alleged kidney removal during surgery medical negligence case.

Case Briefs High Courts

Rent Appellate Tribunal can’t keep judgment reserved indefinitely after conclusion of arguments: Rajasthan High Court

“The right of speedy and expeditious disposal of the case, trial is one of the most valuable and cherished right of a litigant guaranteed under Article 21 of the Constitution of India.”

Case Briefs High Courts

Read why Telangana HC stayed Karnataka MLA G. Janardhan Reddy’s conviction and granted bail in illegal mining case

This Court has the power to suspend the sentence and conviction and grant bail to the petitioner after recording reasons and this Court, being the appellate court, has to consider irreversible consequences.

Case Briefs High Courts

‘The Court cannot assume the role of an examiner, doing so would breach judicial propriety’; Punjab & Haryana HC orders re-evaluation in Judicial Services Exam

“It is one thing for this Court to hold that the original assessment is infirm to such an extent as to warrant reevaluation; it is quite another and indeed impermissible for it to delve into the academic merit of an answer and render its own evaluative opinion thereon.”

Case Briefs High Courts

Maharashtra State Information Commission shall decide second appeals/complaints under RTI Act as expeditiously as possible: Bombay HC

The State Government is presently considering the financial impact and will take an appropriate decision regarding the creation of additional posts for the State Information Commissioners if the occasion arises.

Case Briefs High Courts

Delhi High Court rejects OSWAL’s trademark appeal for ‘ONE FOR ALL’ mark as descriptive and non-distinctive

“Mere reliance on sales figures, promotional expenditure, or broad assertions of popularity, without cogent documentary substantiation connecting such use exclusively to the mark “ONE FOR ALL”, is insufficient.”

Case Briefs High Courts

Wife can claim maintenance despite prior compromise agreement if unable to maintain herself: Kerala High Court

“The statutory provisions for maintenance are intended to protect the spouse, children or parents from destitution and vagrancy, and they declare the public policy of the nation. Thus, the above legal principle is equally applicable to an agreement attempting to contract out of the provisions of the Act.”

Case Briefs High Courts

“Theatre owners cannot fleece moviegoers by collecting excess charges”: Madras High Court directs action against overpricing

“When the Government has fixed a rate which is revised from time to time, the theatre owners cannot fleece the movie goers by collecting excess amount from them.”

Case Briefs High Courts

Punjab and Haryana High Court dismisses State’s appeals against Policewoman’s Promotion; criticises baseless Adverse Remarks in ACR

The Court stated that the Single Judge correctly assessed the sharp contradiction that crept in the policewoman’s work record as she received a commendation certificate the same year as the adverse remarks. The Single Judge also noticed that the Commissioner of Police made adverse remarks in the ACR while the Deputy Commissioner did not find anything amiss with her record.

Case Briefs High Courts

Delhi High Court protects ‘BURGER SINGH’ trade mark in Franchise Violation Case

The Court appointed a Local Commissioner to visit a premise, as petitioner the petitioner apprehended that the respondent was likely to remove all evidence to deny its involvement in infringing activities.

Case Briefs High Courts

Mount Everest conqueror, Megha Parmar, approaches MP High Court seeking inclusion of her name in this year’s Vikram Award List

The State submitted that the consideration of the eligible candidates including the petitioner has been done by a duly constituted committee and one Kumari Bhavna Dehariya is selected for the grant of Vikram Award 2023.

Case Briefs High Courts

Inside Madras HC’s order against Actor Vishal Reddy to pay Rs 30 Crores to Lyca Productions

Madras High Court holding Vishal Reddy’s behavior as evasive, decreed the civil suit in favor of the petitioner and ordered him to pay principal loan amount along with the interest.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Interlocutory and Consensual Order’; NCLAT denies relief to BYJU’s in appeal filed against NCLT’s status quo order on its shareholding in Aakash

“The impugned order is exclusively interlocutory in nature which is yet to be considered on merits and yet to be given a final shape till the conduct of the final hearing when the interim reliefs prayed for, are heard and decided by the Tribunal.”

Case Briefs Supreme Court

Discharge order based on defence material held impermissible by SC in Rs. 21 Crore MSP fraud case involving Cotton Corporation of India officer

“The expression “hearing the submissions of the accused” cannot mean opportunity to file material to be granted to the accused and thereby changing the settled law. At the stage of framing of charge hearing the submissions of the accused has to be confined to the material produced by the police.”

Case Briefs High Courts

‘No need to await accused’s proof, when allegations fall within General Exceptions’; J&K and Ladakh High Court quashes FIR against Revenue Officials acting under court orders

“An act done by a person pursuant to the judgment of the Court cannot form basis for prosecuting such person as the same does not come within the definition of “offence” as contained in IPC.”