Case Briefs Archives | Page 14 of 914

Madras High Court directs revaluation of law student’s criminology paper; Asks Ambedkar University to propose evaluation criteria and weightage

The University was directed to propose relevant criteria and weightage for evaluating answer scripts, ensuring a more rational and transparent assessment process.

Case Briefs High Courts

Delhi HC grants permanent injunction in favour of Peak XV Partners; restrains fraudulent websites and WhatsApp groups from passing off its trade mark

The unauthorized actions of Defendant 1, including the creation and operation of fraudulent WhatsApp/Telegram groups, websites and mobile apps, have given rise to substantial confusion, leading individuals to falsely believe that the impugned groups and website are affiliated with plaintiff.

Case Briefs High Courts

P&H HC quashes defamation case against Journalists publishing Punjab CM Bhagwant Mann’s statement on then AAP MLA receiving money from Congress

“No material has been brought on record to even prima facie indicate that the accused had reported or published the imputation concerning the complainant to harm his reputation or knowing or having reason to believe that it would cause harm to his reputation.”

Case Briefs High Courts

UGC Regulations on teachers’ appointments infringe Article 30 of the Constitution; not applicable to Minority Institutions: Madras High Court

“The Judiciary must recognize its pivotal role in restoring confidence among minorities, acting as a guardian of the rights that were pledged to them, thus reinforcing the very essence of India’s democratic ethos and its dedication to unity in diversity.”

Case Briefs High Courts

No embargo for convenience stores to remain open 24×7 and/or post 10 or11 p.m.: Bombay High Court

“In contemporary times, the concept of 24×7 shops of such nature is popular worldwide as it brings convenience, ease, and flexibility to the consumers to make purchases, particularly for the people with non-standard working hours.”

Case Briefs High Courts

Spouse can’t be directed to pay permanent Alimony without a formal application under S. 25 of Hindu Marriage Act: MP High Court

“Without demanding permanent alimony in the written statement or by a separate application, Trial Court would not have granted permanent alimony to the respondent/wife.”

Case Briefs Supreme Court

‘Contribute to legal system instead of fighting cases against each other’; SC quashes cross FIRs & proceedings ending dispute between 2 Kodaikanal lawyers

“Even if the litigants do not understand what is in their best interest, it is the duty of the Court to deliver substantial justice.”

Case Briefs High Courts

Unlawful religious conversion and rape are non-compoundable offences; proceedings cannot be quashed based on settlement between parties: Allahabad HC

“Any compromise or settlement with respect to the offence of rape, against the honour of a woman, which shakes the very core of her life and tantamounts to a serious blow to her supreme honour, offending both, her esteem and dignity, is not acceptable to this Court.”

Case Briefs High Courts

Delhi High Court dismisses plea for mandatory live streaming of court proceedings citing security & logistical concerns

The petitioner has filed a petition seeking directions for GNCTD to take necessary steps to ensure compliance with the directions issued by the Supreme Court of India and the Delhi High Court regarding live streaming and video recording of court proceedings.

Case Briefs High Courts

‘Benevolent policy cannot be defeated by reluctance and apathy of officers’, Kerala HC directs State to implement monthly scholarship scheme for disabled children

“The scheme does not require filing of any applications, and it should be ensured that no eligible student is denied the benefits due to the inaction or oversight by the implementing officers”

Case Briefs High Courts

Read why Gujarat High Court extended Asaram Bapu’s bail in 2013 rape case

“It cannot be said that an 86 years-old ailing person, who is desperate to get himself treated, can confine his treatment to a particular therapy or a particular system of medicines.”

Case Briefs High Courts

Sole proprietorship firm don’t fall under definition of “debtor” under S. 94 of IBC; MP High Court refuses to halt recovery proceedings

“Section 94 of IBC gives remedy to “debtor’ only to either apply personally or through a Resolution Professional to the Adjudicating Authority for initiating the insolvency resolution process.”

Case Briefs High Courts

Delhi HC grants relief to e-commerce platform ‘Purplle’; directs removal of mark ‘Purplle Tree’ from Register of Trade Marks

Despite Respondent 1’s endeavour to create distinctions, it is crystal clear that the marks are confusingly/deceptively similar to the petitioner’s registered trade mark. Such use of a similar mark would invariably mislead consumers and members into believing that the goods under the impugned mark were sourced from the petitioner.

Case Briefs High Courts

Citizens do not have the right to cremate or bury at a specific location: Bombay HC allows plea against illegal crematorium

It is the duty of the Planning Authority to meet the needs of the people and in the present case, CIDCO has already provided a fully functional cremation ground.

Case Briefs High Courts

Advocate-client privilege | MP High Court quashes DCP’s notice summoning Advocate to give statement and signature specimen

The Court rejected the intervener’s application with costs of Rs. 10,000/- to be deposited in the account of the High Court Employees Union within 15 days.

Case Briefs Supreme Court

Supreme Court enhances compensation for BDO who lost both his legs in a 25-year-old motor accident

“Finding that the driver was not cautious is one thing and finding negligence is quite another thing. Prima facie, the negligence was on the trailer driver as discernible from the evidence recorded before the Tribunal; standard of proof required being preponderance of probability”.

Case Briefs High Courts

Calcutta High Court denies bail under NDPS Act but emphasizes interim bail as a safeguard against prolonged pre-trial detention

Although interim bail is granted due to exigency or humanitarian or compassionate ground but in NDPS cases Courts may exercise that discretion in the event the Court is of the view that trial cannot be completed within a short period.

Case Briefs High Courts

Compelling wife to adopt husband’s spiritual practices, causing emotional distress, amounts to mental cruelty: Kerala High Court

“Persistent neglect, lack of affection and denial of conjugal rights without valid reasons cause severe mental trauma to the spouse and we find no reason to disbelieve the version of the wife that she was subjected to severe mental trauma.”

Case Briefs High Courts

‘His speech did not give specific direction to damage public property’; Bombay HC quashes 2008 Beed stone pelting case against Raj Shrikant Thackeray

The applicant is made an accused as it is alleged that he made a speech and because of the said speech, co-accused persons, i.e., his party workers/followers got excited and pelted stones at a bus.

Case Briefs High Courts

[NDPS] Law does not sanction indefinite retention of property; should not be subjected to unnecessary deterioration: Orissa HC

“If left unattended indefinitely, the vehicle will inevitably suffer structural degradation, mechanical wear, and a substantial diminution in both its functional utility and economic value, rendering it unfit for future use.”