Case Briefs Archives | Page 208 of 914

Lack of property title renders Suit for specific performance unenforceable: Calcutta High Court

Calcutta High Court determined that the compromise decree indicated that the vendors-defendants (respondent 2 and 3) do not have title to the property.

Case Briefs High Courts

“Procedural technicalities should not override substantive provisions of law”, Calcutta High Court affirms ex-parte eviction decree

The first appellate court’s decision to set aside the ex-parte decree and remand the case was seen as unnecessary and not in line with the purpose of Order 18 Rule 4 of CPC.

Case Briefs Supreme Court

Family Planning | Know why the Supreme Court allowed termination of unplanned pregnancy at 26 weeks

The woman had adopted Lactational Amenorrhea Method (‘LAM’), a process which implies absence of menstruation due to continuing breast feeding as a contraceptive method.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Default occurred when post-dated cheques bounced; NCLT directs to initiate insolvency process

NCLT held that the Corporate Debtor failed to prove a pre-existing dispute to justify the rejection of the Section 9 application.

Case Briefs High Courts

Kurkure and Cheetos classifiable as ‘namkeen’ and not ‘snacks’ under Rajasthan Value Added Tax, 2003: Rajasthan High Court

“The Tax Board ignored the ordinary definition of namkeen, specification of namkeen as set out by the Bureau of Indian Standard and the FSSAI licenses granted to the petitioner, which categorizes the product in question as namkeen.”

Case Briefs High Courts

False and frivolous allegations against spouse without any evidence amounts to cruelty: Delhi High Court upholds divorce

“In the Indian context where the husband has chosen to be in a joint family with his parents, he cannot be forced to separate from the first day of his marriage merely on the whims of his wife.”

Case Briefs High Courts

Statutory substantive right to appeal cannot remain nugatory by giving undue importance to procedural law: J&K and Ladakh HC

The High Court observed that the object of Courts is to decide the rights of the parties and not to punish them for mistakes which are made in the conduct of the cases.

Case Briefs High Courts

Section 9 of A&C Act not confined by technicalities of CPC; but Court cannot ignore fundamental principles governing attachment before judgment: Delhi HC

“The issuance of a direction to release such royalty sum would involve not only a conclusive and final adjudication on the petitioner’s right to receive such sum but also framing of an interim award and that cannot be said to fall within the ambit of Section 9 of the A&C Act.”

Case Briefs High Courts

Delhi High Court orders to take down YouTube videos which alleged that consumption of Pulse candy causes cancer

“There can be no doubt that the right to freedom of speech deserves to be protected in order to communicate facts which are verifiable. Such facts ought to be based on credible test reports.”

Case Briefs High Courts

Calcutta High Court dismisses revisional application; leaves property distinction determination to Trial Court

Calcutta High Court affirmed the Executor’s authority in representing deceased’s estate and Shifted onus to the executor to establish suitability.

Case Briefs High Courts

SSRB’s refusal to grant premature release to convicts incarcerated for more than 22 years unjust and unlawful: Calcutta High Court

Calcutta High Court emphasized the importance of considering the conduct of prisoners while in jail to ascertain their potential for committing further crimes after a long period of detention.

Case Briefs High Courts

Transporting cows and their progeny within UP is not a violation of S. 5-A of U.P. Prevention of Cow Slaughter Act: Allahabad HC

“The police have no power or jurisdiction to seize or confiscate the vehicle in question and the DM also could not have issued notice under section 5-A of the Act when there is nothing to substantiate that the animals were being transported from within the State to some other State”

Case Briefs High Courts

West Bengal Panchayat Elections 2023 | Calcutta High Court rejects recounting process as non-compliant with Law; upholds initial counting result

Calcutta High Court emphasized on the importance of a free, fair, and transparent election process for upholding democracy and maintaining the public’s faith in the system.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Triumphant Institute of Management Education (P) Ltd. for its mark “T.I.M.E.” against “T.I.M.E. Tirupati”

“Viewed from the perspective of initial impression conveyed by defendant’s mark on the mind of consumer of average intelligence and imperfect recollection, if a court crosses such consumer’s mind as to whether market is not the same as, or associated with, the mark of plaintiff, which is seen earlier in point of time, “likelihood of confusion” and “likelihood of association”, within the meaning of Section 29(2)(b) of the Trade Marks Act, 1999 necessarily exists.”

Case Briefs High Courts

‘Well within boundaries of permissible comparative advertising’; Delhi High Court refuses to injunct commercial of Puro Healthy Salt in a disparagement suit filed by Tata

“If Tata can sell its Himalayan Pink Salt by advertising it as natural, free of chemicals, additives, and as being neither processed nor bleached and, therefore, a healthy alternative to common salt, then why Puro cannot do so. Tata cannot seek any injunction against Puro using the very same expressions for its own Puro Healthy Salt, vis-à-vis white salt.”

Case Briefs High Courts

Delhi HC directs Hotel Corporation of India to pay its retired unionised employees, arrears of wage revision, on a par with currently employed unionized employees

“Hotel Corporation of India acted in contravention with Article 14 of the Constitution by creating wrongful classification between retired unionised workers and unionised employees who were currently employed with it.”

Case Briefs High Courts

Can retired BSF personnel be treated as ‘Ex-Servicemen’ for benefits of purchase and consumption of liquor in Tamil Nadu? Madras HC answers

“Even if the claim of the petitioner that discrimination is meted out to retired personnel of BSF as against Ex-servicemen has to be accepted, the consequence would only be that the exemption and concession granted to Ex-servicemen in consumption of liquor would have to be withdrawn, but, it cannot be a ground on parity to extend the same benefit to the retired personnel of the BSF”

Case Briefs Supreme Court

Wipro’s ‘Chandrika’ Soap | SC restrains Mariyas Soaps and Chemicals from using mark ‘Chandra’

Wipro Enterprises has a registered all India trade mark ‘Chandrika’ since 1976.

Case Briefs High Courts

Allahabad HC directs UP Congress Committee to clear UPSRTC dues of Rs. 266 Lakhs with 5% interest within 3 months

This matter has been pending since the year 1998 and after 25 years it could not be settled between the parties. Hence, Allahabad High Court has taken up the matter to be decided on merits.

Case Briefs Supreme Court

Explained | Supreme Court verdict on principles relating to presumption and evidential burden under Ss. 138 & 139 of NI Act

“The accused has miserably failed to discharge his evidential burden, that fact will have to be taken to be proved by force of the presumption, without requiring anything more from the complainant”