Case Briefs Archives | Page 206 of 914

Writ Court cannot resolve Private/Contractual Disputes or Questions of Ownership in Land Dispute Cases: Calcutta High Court

Calcutta High Court opined that such disputes should be resolved by the Civil Court.

Court has wide discretion to interpret ‘What is cruelty’, literally and contextually: Calcutta High Court upholds divorce on ground of ‘Cruelty’

With regards to custody of the child, the Calcutta High Court after considering the paramount welfare of the child, held the husband is not fit person for custody.

Case Briefs Supreme Court

Land sale by fraud | Supreme Court extends interim protection against arrest

Supreme Court considered the fact that there was no specific complaint of non-cooperation in the investigation.

Case Briefs High Courts

Wife not entitled to interim maintenance u/s 24 of Hindu Marriage Act, 1955 when both spouses qualified and earning equally: Delhi High Court

“The object of Section 24 of the Hindu Marriage Act, 1955 is to ensure that during the matrimonial proceedings either party should not be handicapped and suffer any financial disability to litigate only because of paucity of source of income.”

Case Briefs Supreme Court

Supreme Court expands scope of exemption for service tax to include IIT and NIT under the definition of ‘governmental authority’

“Interpretative tools should be employed to make a statute workable and not to reach to a particular outcome.”

Case Briefs Supreme Court

Sahara City Homes Jaipur Project | Supreme Court asks Sahara Group of Companies to disclose personal assets

The tower in question was incomplete and there was no scope of construction to be completed within 6 months.

Case Briefs High Courts

Delhi High Court restrains Capital TV from using TV Today’s marks “To The Point”, “Halla Bol”, “Special Report”, “Black & White”, “Kismat Connection” for news programmes

“Though the specific words used for the news programme may themselves not be capable of being monopolized, the combination marks can be protected if they have acquired a secondary significance.”

Case Briefs High Courts

Situation like a theft being committed in a police station; Delhi High Court grants injunction against Indian companies to use logo similar to Japan Patent Office

This is a case where the Intellectual Property Office of Japan has found itself at the receiving end of infringement and imitation by unscrupulous Defendants. The defendants’ use of the identical mark and logo would be violative of the Plaintiff’s goodwill and brand equity.

Case Briefs High Courts

‘Right to fair investigation and trial is fundamental right of victim as well’: Rajasthan High Court quashes order transferring the investigation without reason

“First progress report of the investigation has been called for in seven years. Moreover, the administrative instruction has not been followed inasmuch as more than thrice transfer of investigation of the case was not permissible.”

Case Briefs High Courts

‘False promises made, huge scam committed’; Gujarat HC refuses to quash criminal proceedings against Mehul Choksi and Gitanjali Group Director

“Mehul Choksi left the country long ago and he did not cooperate with any prosecution, though various complaints are filed against Gitanjali Gems as well as in his individual capacity. He has no respect towards the process of law”.

Case Briefs High Courts

Explained | Allahabad High Court’s verdict on burden of proving claim for tax concession

Allahabad High Court said that once the corresponding State authority has sent information that only one purchase made by the purchasing dealer could be verified, the benefit of other purchases as alleged to be made by the revisionist against Form C cannot be granted.

Case Briefs High Courts

W.B. Panchayat Election 2023 | Calcutta High Court issues ‘Rule NISI’ under Rule 19 of Calcutta High Court Contempt of Court Rules, 1975

Calcutta High Court issue the ‘Rule NISI’ for non-compliance with Court orders to deploy central forces for election security during West Bengal Panchayat Election 2023.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

Supreme Court Verdict on Same Sex Marriage: Breakdown of the Agreements and Disagreements

In a verbose verdict running into 366 pages, the 5-judge Constitution Bench of Dr DY Chandrachud, CJI and Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, PS Narasimha, JJ wrote 4 opinions on the Same Sex Marriage matter where they agreed on some points and disagreed on others.

Case Briefs Supreme Court

State has obligation to provide support persons to POCSO victims, which cannot be made optional: Supreme Court

Supreme Court directed NCPCR to formulate model guidelines after due consultation with the Central and State Governments for the States and Union Territories to frame their rules respecting the support persons under Section 39 of POCSO Act.

Case Briefs High Courts

Delhi High Court stays eviction order passed against Rajya Sabha MP Raghav Chadha

The Government and its public officer; from which it must be inferred that the terms Government and public officer cannot be conflated to be one-and-the-same. Thus, the description of the defendant as “Rajya Sabha Secretariat, through its Secretary General” cannot be taken to mean that the Rajya Sabha Secretariat and the Secretary General are one and-the-same thing or that relief has been sought against the Secretary General.

Case Briefs High Courts

Karnataka HC sets aside bail order on ground of denying informant the right to participate in proceedings

The High Court also issued directions for effective implementation of POCSO Act and amendments introduced in the CrPC in 2018 vis-à-vis notifying the informants or victims about filing of regular and anticipatory bail applications and other connected issues.

Case Briefs High Courts

[S. 376 IPC] Delhi High Court| Discharging an accused based on the outcome of the polygraph test at the stage of charge is erroneous

The issue under consideration is whether the result of a polygraph test can become ground of discharge of an accused at stage of charge and could the learned Judge while passing order on application for grant of anticipatory bail, pass an order suggesting to the IO to conduct polygraph test of accused and victim to ascertain the truth of the matter without there being a prayer by accused or prosecution.

Case Briefs High Courts

Delhi High Court refuses to stay the registration for the mark ‘SCHEZWAN CHUTNEY’

“This Court is not inclined to stay the impugned trade mark registration for the mark ‘SCHEZWAN CHUTNEY’. Moreover, the issue of jurisdiction of this Court would have to be considered first.”

plea against Senior Advocates' designation

Case Briefs Supreme Court

‘Expertise and Merit are the criteria for Senior Advocates’ designation’; Know Why SC rejected plea against validity of S. 16 of Advocates Act

“There has been large growth in the legal profession of first- generation lawyers making their mark, some of them young ones, coming from National Law Schools and other prominent Law Schools”.

Case Briefs Supreme Court

Decoding Supreme Court three Judge bench verdict in 26-week pregnancy case

Supreme Court said that the delivery will be conducted by AIIMS at the appropriate time and the Union Government will bear all the medical costs for the delivery.