Case Briefs Archives | Page 224 of 914

legal recognition same sex relationships

Govt’s failure to realise its positive obligation to set-up alternate framework to recognise same-sex relationship violates Hong Kong Bill of Rights

The Court with a majority of 3:2 issued a declaration acknowledging the need of same-sex couples for access to an alternative legal framework in order to meet basic social requirements

Case Briefs High Courts

Inside Gujarat High Court Verdict on why parents forcing children below age of 3 years to go to pre-school is an illegal act

“National Education Policy, 2020 regards the age of below six years as the age of ‘early childhood care and education’ and there are studies showing that 85 percent of a child’s cumulative brain development occurs prior to the age of six”.

Case Briefs High Courts

Acrimonious relationship between parents, no ground to deny an attempt at re-establishing bond between mother and child: Delhi High Court

“The Family Court is not to act as an adjudicatory forum alone but is also to act as a facilitator to secure settlement of disputes. The Family Court ought to adopt a different approach from that adopted in ordinary civil proceedings.”

Case Briefs Supreme Court

Supreme Court: Unconditional apology not enough to evade punishment for contempt of court if conduct damages dignity of institution

The Supreme Court strongly criticised litigants who use ‘apology’ as a ‘potent weapon’ to evade punishment and expressed concern over the trend of courts showing excessive leniency towards those held in contempt.

Case Briefs High Courts

Madras High Court asks Chief Minister MK Stalin to decide about continuance of Senthil Balaji as a Minister

Madras High Court remarked that Senthil Balaji’s continuation in the cabinet without portfolio will serve no purpose and do not augur well with the Principles of Constitutional ethos on goodness, good governance and purity in administration.

Case Briefs High Courts

POCSO| Testimony of child witness can be relied upon in sexual assault cases if trustworthy and unblemished: Calcutta High Court

“In cases involving child witnesses, the Court should consider the child’s age, competency, and demeanor and may uphold a conviction even in the absence of other corroborating witnesses if the victim’s testimony is deemed reliable.”

Case Briefs Supreme Court

‘Strict adherence to Rule 142(2) of BSF Rules important before accepting plea of guilty’: Supreme Court explains in detail

Supreme Court specifically highlighted the provision which cautioned that whatever the accused stated was to be taken down in writing and may be used in evidence.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Monster Energy Co. for its ‘MONSTER’ mark

“The mere insertion of figure above the word in the defendant’s mark does not mitigate the fact of infringement or of the defendant consciously seeking to pass off its products as those of the plaintiff.”

Case Briefs Supreme Court

Supreme Court sets aside Patna HC order giving death penalty to a man for raping and murdering a 10-year-old girl

“Truth is the soul of justice. The sole idea of the criminal justice system is to see that justice is done. Justice will be said to be done when no innocent person is punished, and the guilty person is not allowed to go scot free.”

Case Briefs High Courts

Complaints which are not substantiated by evidence, and remain unproved are acts of cruelty: Delhi High Court upholds the divorce decree

“Thus, while looking at acts of mental cruelty, the court must look at the married life as a whole and not merely a few isolated incidents.”

Case Briefs High Courts

‘Courts cannot be used as marriage facilitators’; Delhi High Court denies anticipatory bail to man accused of raping woman on pretext of marriage

“The Courts cannot be used as a forum for pressurizing the accused to get married to the victim or be denied bail, or by the accused for obtaining bail by asking the complainant to appear before the Court and state that he was ready to get married to her.”

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC directs ICICI bank to pay 25 lakhs compensation over lost property documents

“The issue is not of fixing a value to a piece of real estate which the complainant is in possession of. Rather, it is one of compensation for the deficiency in service and of indemnifying the complaint against any future loss.”

Case Briefs High Courts

Delhi HC grants permanent injunction to Mattel Inc. for ‘Rainforest Family’ characters and word mark ‘KICK AND PLAY’ for its baby gym products

“The plaintiff’s baby gym product is quite a distinctive product which is designed in a particular form along with depiction of characters which are known loosely as a ‘Rainforest Family’ characters.”

Case Briefs High Courts

Cruelty and Dowry Death | ‘Rare and exceptional case’ prompts Bombay High Court to stay conviction of mother-in-law

Bombay High Court expressed that it was persuaded to stay her conviction due to the fact that she was employed as a sweeper and had to provide for basic needs of her grandchildren.

Case Briefs High Courts

Calcutta High Court temporarily postpones judgment delivery in Teacher-Recruitment scam case; directs production of printed documents

The instant matter revolves around a petition filed by Trinamool Congress MP Abhishek Banerjee for quashing the criminal case registered against him in relation to Teacher-Recruitment Scam case.

Case Briefs Supreme Court

Supreme Court lays down tests for deciding legality of preventive detention orders

The Court also revisited the difference between disturbances relatable to ‘law and order’ and disturbances caused to ‘public order’ and said that it is trite that breach of law in all cases does not lead to public disorder.

Case Briefs High Courts

Relevance of the documents sought under Order VII Rule 2 of CPC should be stated in the affidavit: Andhra Pradesh High Court upholds Order dismissing application

“It is not stated in the affidavit as to how the documents are relevant to the suit except stating that, the documents are important and crucial documents to prove that the promissory note suit is a rank forged and materially altered.”

Case Briefs High Courts

Treating ‘HARPIC DRAIN XPERT’ similar to ‘XPERT’ would be stretching the principle of similarity to an unreasonable extent: Delhi High Court upholds registration

“To hold that a customer would be confused, because the word ‘XPERT’ forms the second part of the second word of the impugned mark, would be consigning reality to oblivion.”

Case Briefs High Courts

Madras HC directs Principal Sessions Court to hear V Senthil Balaji’s bail plea in money laundering case; Set aside transfer of case to MP/MLA Court

“Since the territorial jurisdiction of the present case is in Chennai only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government, which comes under the jurisdiction of the PDSJ, Chennai, naturally the said case has to be tried in the said Court”

Case Briefs High Courts

Whether a person fighting against militancy can be considered a ‘freedom fighter’ under Swantantrata Sainik Samman Yojna? J&K and Ladakh HC answers

The Court answering the question in negative stated that eligibility under the scheme requires for the person to have participated in the National Freedom Struggle.