Case Briefs Archives | Page 175 of 914

‘Mark’s removal for non-use requires clear, unequivocal evidence of abandonment’; Delhi High Court dismisses application for removal of mark ‘BAOJI’

“Section 47 of Trade Marks Act, 1999 serves to protect the integrity of the trade mark register by ensuring that registered marks that are not actively used in commerce are removed.”

Case Briefs High Courts

Delay in issuance of advertisement will not create any right/legitimate expectation to seek relaxation in upper age limit for an examination: Patna HC reiterates

“It is a policy decision and the criteria prescribed by the advertisement, whether it is relating to age and/or the essential qualification, cannot be interfered with.”

Case Briefs High Courts

‘Foreigners cannot claim right to reside and settle in India as per Article 19(1)(e), their rights limited to Article 21’; Delhi HC dismisses petition against illegal detention

“Power of the Government of India to expel foreigners is absolute and unlimited and no provision of the Constitution can curtail the Government’s power to expel foreign nationals.”

Case Briefs High Courts

Child victim had to suffer untold miseries; Himachal Pradesh HC grants compensation to minor rape victim after hospital asks demeaning questions, conducts two-finger test

“The torment on the victim has the potentiality to corrode the poise and equanimity of any civilized society. It has been rightly said that whereas a murderer destroys the physical frame of a victim, a rapist degrades and defiles the soul of a helpless female.”

Case Briefs High Courts

‘Only being a woman cannot grant additional protection to the accused’; Delhi High Court refuses anticipatory bail to woman accused

It is the case of the prosecution that accused actively connived along with the co-accused in projecting herself to be a partner along with the complainant to obtain an overdraft facility from the bank.

Case Briefs High Courts

‘Forging order of an arbitrator is a serious offence’; Delhi HC dismisses anticipatory bail application

“While there can be no dispute on the fact that complainant himself may have been guilty of not having paid the instalments in accordance with the Loan Agreement with the Finance Company, however, the recovery of the vehicle can only be made in accordance with the law.”

State to pay Teachers’ arrears of salary

Case Briefs Supreme Court

‘No blameworthy conduct found’; Supreme Court directs State to pay Teachers Unpaid Salary and arrears dating back to 1999

“The stopping the Salary of the appellant-teachers was not justified, keeping in view that no allegations or proof of commission of any malpractice was found or established.”

Case Briefs High Courts

Is watching child pornography an offence under POCSO Act or S. 67B of IT Act? Madras High Court answers

“Due to accessibility of sexually explicit material on the internet, porn addiction is becoming a growing concern in teenagers. With the click of a button, they can be exposed to endless pages of adult content”

Case Briefs Supreme Court

Explained| SC verdict on inconsistency between penal provisions under Food Adulteration Act and Food Safety & Standards Act

“The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India.”

Case Briefs High Courts

‘Absolutely Gender Insensitive of GPSC for expecting woman to travel 300 Kms to interview after 3 days of delivering child’: Gujarat HC

The interview for the post of Assistant Manager (Finance and Accounts) Class II was fixed on 01-01-2024 in Gandhinagar and the petitioner had delivered her child on 31-12-2023 in Gandhidham, which is about 300 kms away from the place of interview.

Case Briefs Supreme Court

20 years on, Murder Convict walks free after Supreme Court finds ‘Yawning Gap’ in Prosecution’s Evidence

“The principle applicable to circumstantial evidence requires that the facts must be consistent with the hypothesis of the guilt of the accused.”

Case Briefs Supreme Court

Explained| Supreme Court’s verdict on master and servant relationship following suspension

“Merely because the Bank had stopped paying subsistence allowance to the workman does not mean that the workman was no more an employee of the Bank.”

Case Briefs High Courts

Appeal against order of acquittal u/s 138 of Negotiable Instruments Act, 1881 lies to High Court u/s 378(4) of CrPC: Chhattisgarh High Court

“Any allegation made orally or in writing to a Magistrate that some person, has committed an offence, will fall within the meaning of ‘complaint’. Pertinently, the definition specifically excludes a police report.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Demand of service tax u/s 73-A of Finance Act, 1994 incorrect when broadcaster’s service tax is collected and not retained: CESTAT reiterates

“With coming into force of interest provisions, the revenue neutrality concept has undergone a change, so as to consider duty neutrality different from revenue (Duty+interest) neutrality. Latter at time may not exist, even if former is present.”

Case Briefs Supreme Court

Accessible India Campaign| SC directs NALSAR to prepare report on making all public buildings disabled friendly; Centre to bear all costs

“Department of Empowerment of Persons with Disabilities in the Union Ministry of Social Justice and Empowerment to bear all the expenses incurred by Centre for Disability Studies at NALSAR University of Law.”

Case Briefs High Courts

True love between individuals cannot be controlled through State action; Delhi HC quashes FIR against a man who eloped with an alleged minor girl

“In the present case, the future of families of the parties and the two daughters born out of this wedlock, and their beautiful harmonious life, they have built together in the last nine years, is at stake and dependent on the outcome of the present petition.”

Case Briefs High Courts

‘Male chromosome not female chromosome determines gender of unborn child’; Delhi High Court refuses bail in dowry death case

A woman has lost her life for giving birth to females which should be totally unacceptable to a conscientious society. Such offences must be considered grave and serious when the trial is yet to be begin.

Case Briefs High Courts

Delhi High Court denies parole to Ravi Kapoor serving life imprisonment in Soumya Vishwanathan and Jigisha Ghosh murder cases

“There is a need to respect the rights of convicts and need to acknowledge the importance of being released on parole for several purposes, including for maintaining social ties with family. However, the Courts are bound to consider counterbalancing public interest while deciding issue of grant of parole.”

Case Briefs High Courts

‘Right to get pension immediately after retirement is a recognised right’; Calcutta High Court directs payment of retiral benefits

Calcutta High Court held that any wrong deductions from the petitioner’s salary should not defeat the rightful claim for pension, a recognized right immediately after retirement.

Case Briefs Supreme Court

Supreme Court | Slum Rehabilitation Authority has statutory mandate over private agreements for Slum Rehabilitation Schemes

“The Slum Rehabilitation Authority has to act in terms of its own policies and circulars without allowing private or contractual interests to prevail over public policy especially a policy which is welfare based.”