Case Briefs Archives | Page 4 of 648

Delhi Court orders FIR against Bank of Baroda and recovery agents for fabricating an FIR

The Court also directed the registration of FIR against Yash Enterprises as the recovery calls were made from a registered number in the name of the company and it had admitted the fact that they made the calls through auto dialing mode.

Case Briefs High Courts

Request to review trademark ‘HAMDARD’ in ‘HAMDARD ROGHAN BADAM SHIRIN’ for its descriptive use; Delhi High Court directs Trademark Registry to proceed as per law

Under section 3(a) of Drugs & Cosmetics Act, 1940, Raughan-E-Badam Shireen/ Badani Shireen is mentioned as Unani Medicine in the authoritative book of First Schedule of Drugs and Cosmetics Act, 1940.

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to Police Constable in a Destruction of Property and Dacoity case

Supreme Court considered the fact of inordinate delay of 3 years in filing the FIR.

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC holds Cochin Airport liable for service deficiency for not providing adequate rain cover on boarding ladder; directs compensation of INR 16,000 to passenger

The Commission held that CIAL’s inadequate rain coverage while boarding flight caused a great deal of agony to the complainant as he got drenched in the rain and suffered fever for 3 days.

Case Briefs High Courts

Can the Trial Court grant maintenance from the date of the order in view of Rajnesh vs. Neha case? Allahabad High Court answers

Trial Court is not barred from granting maintenance from the date of the order if there are circumstances and reasons for doing the same

Case Briefs Supreme Court

SC stays West Bengal’s order imposing ban on screening of ‘The Kerala Story’; also directs Tamil Nadu Government to provide adequate security to cinema halls displaying the film

The Court said that the prohibition imposed on the film by West Bengal suffered from over breadth.

Case Briefs High Courts

Corruption inquiry directed against Ex-IAS Ramesh Abhishek by Lokpal; Delhi High Court refuses to interfere

Delhi High Court observed that repeated petitions seeking to interdict the proceedings before Lokpal would defeat the very purpose of the legislation.

Case Briefs Supreme Court

Supreme Court| Allopathy/ Ayurved Doctors not on a par with MBBS Doctors; Can’t claim equal pay

“The principle of equal pay for equal work cannot be invoked or applied invariably in every kind of service and certainly it cannot be invoked in the area of professional services when these are to be compensated”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Threshold limit includes both principal amount and interest under IBC; NCLAT set aside NCLT’s order

NCLAT held that the Adjudicating Authority committed error in rejecting the S. 7 application for not fulfilling ‘threshold’ when Deed of Guarantee mentions about the interest on default.

Case Briefs High Courts

[Betnesol v Betnol]: Delhi High Court grants permanent injunction in favour of Glaxo Group Limited on failure to file written statement by Biogen Serums

Delhi High Court observed that the defendant has used the infringing mark ‘BETNOL’, which is identical to the plaintiff’s mark ‘BETNESOL’ with the intent to springboard its business by drawing association with the plaintiff and its trademark to ride on the goodwill and reputation of the mark of the plaintiff.

Case Briefs High Courts

Dismissal Procedure under Kerala Education Rules not a mandate if Aided School Teacher’s conduct led to conviction in criminal charges: Kerala High Court

The teacher in the instant matter was convicted in a criminal case for showing obscene pictures to a girlchild, while conducting classes.

Case Briefs Supreme Court

Supreme Court Constitution Bench holds Jallikattu, Kambala and bull -cart racing legal

The Supreme Court said that this decision on the Tamil Nadu Amendment Act would also guide the Maharashtra and the Karnataka Amendment Acts. Thus, it held that all the three Amendment Acts are valid legislations .

Case Briefs High Courts

‘Right to life encapsulates right to construction of road, even to a solitary villager’: Punjab and Haryana High Court to Gram Panchayat

Even if a single individual may be benefitted from the construction of revenue ‘rasta’ at the instance of the Revenue Collector, it is not sufficient and well-informed reason for the Panchayat to resist compliance with orders of the Collector.

Case Briefs High Courts

Demand notice cannot be faulted if any other sum indicated in addition to said amount under S. 138(b) of NI Act: Allahabad High Court reiterates

Allahabad High Court reiterated that the demand notice should be read as a whole. In the demand notice, the holder or payee can demand to pay out for the said amount, i.e., cheque amount.

Case Briefs Supreme Court

Supreme Court considers medical condition; grants bail under NDPS Act

The Supreme Court observed that the petitioner was on a ventilator earlier but was discharged due to non-availability of proper medical treatment in the prison.

Case Briefs High Courts

Delhi High Court grants permanent injunction to Infiniti Retail Ltd for its ‘CROMA’ mark

User traffic may be diverted due to the same or similar domain name, which can result in a user mistakenly accessing one domain name instead of the one intended. A domain name might, therefore, have all characteristics of a trade mark and could result in an act of passing off.

Case Briefs Supreme Court

[Manipur Violence] Centre and State Government file status report; Supreme Court directs authorities to ensure peace and tranquility

The status report indicated the steps taken to bring normalcy to the law and order situation in the State, security measures taken for protecting religious places and details of relief camps.

Case Briefs Supreme Court

Supreme Court rejects plea of grave and sudden provocation of mother who administered poison to children in suicide attempt

“There is no valid reason ground for the state not accepting the recommendation of the State level Committee for premature release of the Appellant. Supreme Court is not oblivious to the crime but they are equally not oblivious to the fact that the Appellant has already suffered at the cruel hands of fate.“

Case Briefs High Courts

PWD, Religious Committee decides to demolish 55-year-old Kali Mata Mandir at Mayapuri Chowk; Delhi High Court refuses to interfere

Delhi High Court directed that the PWD is free to carry out the demolition and remove the unauthorized construction after 20-05-2023.

Case Briefs Supreme Court

Small-scale industries not exempted from sales tax for tea blending after amendment, holds SC; delivers split verdict doctrine of legitimate expectation aspect

“When a legitimate expectation of a specific outcome is created by a public authority, the said public authority is required to take into account such expectation created by it when making a decision that affects the interests of the individual or group” –Justice Krishna Murari