Case Briefs Archives | Page 201 of 914

Part rejection of plaint impermissible under Order VII Rule 11 of CPC: Supreme Court

“The approach adopted by the High Court is incorrect and contrary to the well-entrenched principles of considering an application under Order VII Rule 11 of CPC.”

Case Briefs High Courts

Fact of consensual relationship should be taken into consideration while granting bail in POCSO cases: Allahabad HC

“POCSO was formulated to protect children under the age of 18 years from sexual exploitation. Nowadays often it has become a tool for their exploitation”

Case Briefs High Courts

‘INDIAN STAG’ deceptively similar to ‘ROYAL STAG’, but no case of passing off made out in favour of Pernod Ricard India: Delhi High Court

“In view of pictorial depiction of stag, the “STAG” part of plaintiff’s mark has necessarily to be held to be its essential and dominating feature and the use, by defendant, of word STAG along with pictorial depiction of stag, clearly indicates imitation, by defendant, of essential features of plaintiff’s mark.”

Case Briefs High Courts

[UP Revenue Code] Plaint cannot be rejected in an Injunction suit not seeking demarcation of boundaries: Allahabad HC

“Proceedings under Section 24 of the UP Revenue Code, 2006, are summary in nature while an injunction suit filed by the respondent is a regular suit.”

Dream11 Dreamz11 permanent injunction trade mark

Case Briefs High Courts

[Dream11 v. Dreamz11] Delhi High Court grants permanent injunction in favour of Dream11 in trade mark dispute

“The confusion is exacerbated by the look and feel of the defendants’ website which has, obviously, deliberately and intentionally, been made to copy the plaintiffs’ website.”

Case Briefs High Courts

Conviction can be based only on cogent, reliable and credible evidence of official witnesses: Himachal Pradesh High Court

“Presumption is that every witness is impartial and independent, unless proved contrary. There is no presumption for doubting the credibility of official witnesses, in principle.

Case Briefs High Courts

Wife residing in Australia cannot initiate divorce proceedings in India upon a casual visit; Allahabad HC interprets the word ‘residing’ in S.19 HMA

“Considering the undisputed status of wife’s residency in Australia, the provisions of Section 19 of the Act would not come to her rescue.”

Case Briefs Supreme Court

Insurer has no right to recover motor accident claim compensation from insured vehicle owner for driver’s fake licence: SC

The burden of proving that there was a failure on the part of the vehicle owner in carrying out due diligence apropos driving licence before employing a person to drive the vehicle is upon the insurance company.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Irrevocable and unconditional bank guarantees can be invoked during moratorium period: NCLAT

“The ‘Bank Guarantee’ is a ‘contract of Guarantee’ provided/furnished by the Bank, the “surety”, to perform the ‘promise’, or ‘discharge’ the liability, of the third person, being the Corporate Debtor herein, in case of his ‘default’.”

Case Briefs Supreme Court

Can acquittal in criminal proceedings entitle delinquent employee for automatic discharge in departmental proceedings? Supreme Court answers

“Departmental proceedings pending criminal trial would not warrant an automatic stay unless, a complicated question of law is involved. Also, acquittal in a criminal case ipso facto would not be tantamount to closure or culmination of proceedings in favour of a delinquent employee”

Case Briefs High Courts

Merely because a person has been named in a suicide note, one can’t jump to conclusion that such person is the offender under S. 306, IPC: Karnataka HC

The Court stated that examination of contents of the suicide note and other attending circumstances if necessary to ascertain whether such person has committed the offence of abetment to suicide or not.

Case Briefs Supreme Court

Minor discrepancies in testimony and cross-examination not sufficient to totally discredit an injured eyewitness: Supreme Court

Supreme Court held the statement of an injured eyewitness to be an important piece of evidence, which cannot be easily discarded by a Court, and that minor discrepancies do not matter.

claim of loss of profitability in Arbitration

Case Briefs Supreme Court

Credible evidence is must to substantiate claim of loss of profitability; SC sets aside arbitral award in conflict with ‘public policy of India’

“The credibility of the evidence is the evidence of the credibility of claim for loss of profit”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT can’t impose fine on suspended directors for non-cooperation under Sections 19(2) or 34(3) of IBC: NCLAT

The Adjudicating Authority erred in passing the impugned order, directing the imposition fine, overlooking the law of the land through the Insolvency and Bankruptcy Code, 2016.

Case Briefs Supreme Court

Supreme Court upholds Allahabad HC order rejecting claims of armed forces veterans for recruitment on posts of Village Development Officers

“There is no concept of serving personnel being deemed Ex-Servicemen, and it is not proper to hold or interpret otherwise, as it would be unjust to many others similarly placed, who were not Ex-Servicemen as on the date of advertisement but came under the category later but did not apply at the relevant time”

Case Briefs High Courts

Information Technology and Administrative Services provided by Singapore Entity to its Indian affiliate cannot be construed as Fees for Technical Services: Delhi HC

“The agreement between the respondent and its Indian affiliate had been effective from 01-01-2010, and if, technical knowledge, experience, skill, and other processes had been made available to the Indian affiliate, the agreement would not have run its course for such a long period.”

Case Briefs High Courts

Andhra Pradesh High Court grants four weeks interim bail on medical ground to N. Chandrababu Naidu in Skill Development Case

“It is this Court’s steadfast belief that a patient in need of medical attention should be granted immediate, effective, and comprehensive treatment. Additionally, the choice of the medical facility for treatment should remain with the patient.”

Case Briefs High Courts

Approval of Resolution Plan under IBC extinguishes all claims, dispute cannot be urged again before Arbitral Tribunal: Delhi High Court

“The IBC and the resolution process does not contemplate matters being left inchoate. In fact, it exhorts one to accept the seal of finality and quietude which stands attached to the approval of a Resolution Plan.”

Case Briefs High Courts

Allahabad HC upholds Trial Court’s interim order restraining a manufacturer from using ‘Musa Ka Gul Super’ Trade Mark

“The dissolution of partnership is one aspect and its effect on carrying on business by making different arrangements to defeat rights of a registered trade mark owner, is altogether a different thing”

Case Briefs High Courts

[Paristone v. Prestige] Delhi High Court restrains manufacturers from using trade dress identical to “PRESTIGE” mark for its pressure cookers

“That defendants have chosen to imitate the manner in which plaintiff prints its logo is itself testimony to the goodwill and reputation of plaintiff, in the perception of defendant itself.”