Case Briefs Archives

‘Violative of trade mark rights in mark DLF’; Delhi HC directs Gurugram Land and Finance (P) Ltd. to cease putting up of billboards/promotional activities under the mark ‘GLF’

“Insofar as the use of the name/mark ‘GLAF’ or any other alternate name/mark is concerned, the parties are referred to mediation, so that they can agree upon an alternate name that Gurugram Land and Finance (P) Ltd. can use.”

Case Briefs High Courts

Calcutta High Court expunges aspersions casted against CID without apparent basis in a financial scam case; upholds transfer of investigation

Calcutta High Court held that the writ petition was not a PIL but had personal elements involving the respondents, who were directly affected by the alleged financial scam.

Case Briefs High Courts

Live-in relationship between married adults not an offence; but woman cannot allege rape by partner on false pretext of marriage: Delhi High Court

“The objectivity of the judges is the key to fairness of justice and the decisions have to be objectively determined according to the law of land and not by moral principles of the judge concerned.”

Case Briefs High Courts

Delhi High Court issues directions for Trial Court while passing bail orders; Condemns use of derogatory language in legal pleadings

Use of inappropriate and derogatory language, undermining the dignity of individuals, based on their gender, falls beyond the permissible bounds of language expected in legal pleadings.

Case Briefs High Courts

Calcutta High Court grants stay on constitution of “High-Level Enquiry Committee” pending appeal in Arbitration case

Calcutta High Court allowed Section 34 application of the railways and directed that the Court hearing Section 34 application should not be guided by any remarks made by the Judge in the impugned order.

Case Briefs High Courts

[Delhi Quota] Delhi HC directs Government of Delhi to revisit existing rules on domicile/permanent residency status in admissions to educational institutions

“The admission rules set forth by DU and GGSIPU, prejudice students who are otherwise deeply rooted within Delhi but are penalized for circumstances beyond their control which prevented them from completing their schooling in Delhi, such as their parents’ employment. To this end, there might be room for legislative refinement.”

Case Briefs Supreme Court

Section 13(8) of SARFAESI Act| Right of redemption of mortgage extinguishes on publication of auction notice: Supreme Court

The respondents in the instant matter constituted the borrower, guarantor and the bank (secured creditor), while the appellants were the auction purchasers.

Case Briefs Supreme Court

KSCARDB a co-operative society, entitled to benefit under Section 80P of Income Tax Act: Supreme Court

The instant appeals had challenged the orders passed by Kerala High Court, Commissioner of Income Tax (Appeals) (‘CIT(A)’) and Income Tax Appellate Tribunal (‘ITAT’).

Case Briefs High Courts

[Preventive Detention] | Unreasonably belated consideration of representation is equivalent to non-compliance of Art. 22(5) of the Constitution: J&K and Ladakh HC

The detenue specifically alleged that he made a representation against impugned detention order, however, the same was not considered by the detaining authority.

Case Briefs High Courts

Gujarat HC discusses NCPCR guidelines for conducting preliminary assessment under Section 15 of JJ Act

“The preliminary assessment is not a trial or just a simple routine task, but an exercise to assess the child’s capacity to commit and understand the consequences of the alleged crime. It decides the fate of the child in conflict with the law”.

Case Briefs High Courts

Bombay High Court rules on the locus standi of Gaushala, custodian of seized cattle under Prevention of Cruelty to Animals Act, 1960

The FIR was lodged under Sections 11(1) and 11(1)(d) of the Prevention of Cruelty to Animals Act, 1960 because 19 buffaloes were found being transported in a truck in a cruel manner.

Case Briefs High Courts

‘Photographs are identical/imitative’; Delhi High Court issues notice to ‘People of India’ portal in a copyright infringement suit by ‘Humans of Bombay’

“The portal, People of India is approaching the very same subjects who are shown on the website, Humans of Bombay, in order to create an imitative platform.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

65 lakhs penalty imposed on stock traders by SEBI for violating insider trading rules in ABC Bearings and Timken India amalgamation

The merchant banker responsible for providing fair opinion to the ABC was given clean chit of the allegations of insider trading for lack of substantial evidence.

Case Briefs High Courts

J&K and Ladakh HC awards compensation of 20 Lakhs to a 14-year-old boy who suffered 100% disability on being electrocuted by unattended transformer

The respondent’s contention that the petitioner himself contributed to the unfortunate electrocution, was rejected by the Court.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Pernod Ricard India for its packaging/label/get-up under the mark ‘Imperial Blue’

“The defendants are allowed to use the mark ‘Imperial Vat No.1’ as their trade mark for any fresh manufacture, along with the proposed packaging/label/get up and with the emblem/coat of arms, without the mark/name ‘Green Valley’.”

Case Briefs High Courts

Uttaranchal High Court takes suo motu cognizance of Virat Kohli’s video addressing issue of deprivation of rights of children to play outdoor sports in their localities

“The result of children being denied the right to play outdoor sports in their own localities and colonies is that they get reduced to display screen addicts. They spend time watching television; computer screens; tablets, and mobile phones. They do not actually play sporting games which involve physical activity but become good at playing virtual sports.”

Case Briefs High Courts

Purpose of FEO Act cannot be bypassed by taking recourse to CrPC; Bombay High Court refuses relief to Mehul Choksi

The purpose of Fugitive Economic Offenders Act is to provide for measures to deter fugitive economic offenders from evading the process of law in India by staying outside the jurisdiction of Indian courts, to preserve the sanctity of the rule of law in India and for matters connected therewith or incidental thereto.

Case Briefs High Courts

DNA tests cannot be resorted to for clearing suspicion regarding paternity: Kerala High Court

“In fact, DNA test is intended to rebut the `conclusive proof’ provided under Section 112 of the Evidence Act.”

Case Briefs High Courts

Calcutta High Court allows rally by 600 job aspirants on agreed-upon route; directs authorities to ensure security of protestors

Calcutta High Court noted that both the petitioner, 600 job aspirants who were denied Group-D appointment despite having meeting required qualifications, and respondent authorities had agreed upon a specific route for the proposed rally/procession on 27.09.2023.

Case Briefs High Courts

Gujarat HC sets aside orders for Juvenile’s trial as an adult; directs JJ Board to conduct fresh preliminary assessment

“JJ Board and the Children’s Court to conduct the preliminary assessment into heinous offences in a very meticulous way with the psychological evaluation, taking the assistance of experienced psychologist and medical specialist”.