Case Briefs Archives | Page 2 of 648

Seeking appointment of Arbitrator beyond three years is barred by limitation: Supreme Court reiterates

Supreme Court said that whether any particular facts constitute a cause of action has to be determined with reference to the facts of each case and with reference to the substance, rather than the form of the action. If an infringement of a right happens at a particular time, the whole cause of action will be said to have arisen then and there.

Case Briefs High Courts

Delhi High Court grants anticipatory bail to Vikas Malu, in a rape case filed by wife, who also accused him of killing Satish Kaushik

Delhi High Court observed that if the petitioner raped the victim forcibly in the month of February 2019 then it is difficult to digest that she would accompany the petitioner to Chandigarh in the last days of February to attend Celebrity Cricket League and meet the celebrities.

Case Briefs Foreign Courts

Andy Warhol Foundation’s commercial licensing of ‘Orange Prince’ to Condé Nast cannot be defended as fair use of Lynn Goldsmith’s copyrighted photo of Prince

Affirming the decision of the Court of Appeals (2nd Circuit), the Court with a ratio of 7:2 held that first fair use factor as under 17 US Code §107(1) favours Lynn Goldsmith and not AWF.

Case Briefs District Court

‘Victim not forcefully involved in sex work’; Bombay Court upholds Sex Worker’s liberty under Article 19

The Court upheld the appellant’s right to move anywhere and to reside anywhere under Article 19 of the Constitution of India and justified her request for release, since her liberty was curtailed due to the order passed by the Magistrate on 15-3-2023.

Case Briefs High Courts

Delhi High Court directs Trade Mark Registry to conduct phonetic search of a mark even at the preliminary stage

When an application is submitted for registration of a mark which involves a word, then, even at the preliminary stage, a word mark search as well as a phonetic search shall be conducted, so that the possible marks which are phonetically similar to the mark applied for, are thrown up as suggested result.

Case Briefs High Courts

[Civil Defence Volunteer Enrolment] Eligibility condition ‘place of residence’ being Delhi not violative of Articles 14, 16 and 21: Delhi High Court

A person who is residing in South India does not know the geography of Delhi and if recruited as civil defence volunteer, and in case of emergency he will get lost in Delhi instead of reaching to the place where emergency has occurred

Case Briefs High Courts

Departmental Proceedings cannot be continued after superannuation of employee unless provided under the Service Rules: Orissa HC reiterates

The Court said that even if the Departmental Proceeding was initiated prior to the superannuation of the delinquent employee, the same cannot be continued unless specifically provided under the Service Rules.

Case Briefs High Courts

Delhi High Court refuses injunction against Harpercollins Publisher for novelizing screenplay of 1966’s Nayak; holds Satyajit Ray, not RD Bansal owns copyright

The screenplay of the film is entirely the work of Satyajit Ray. ‘Nayak’ was also entirely the directorial effort of Satyajit Ray. The plaintiff, RD Bansal is merely the producer of the film.

Case Briefs Supreme Court

SC refuses to interfere with Delhi HC decision affirming Dart Properties right to walk, take over, run cinema hall as Reliance Mediaworks subsidiary CVPL defaults Rs 50 Lakhs payment

The impugned judgment was based on an undertaking agreed between the parties wherein Cinema Ventures were to pay the default amount, failing which the right to walk, take over and run the cinema hall will be owned by Dart Properties Private Limited.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether an application filed under Section 7 IBC by Financial Creditor is barred by Section 10A IBC? NCLAT Answers

NCLAT held that benefit under S. 10-A of IBC can only be claimed when default occurs during prohibited period – ‘05-03-2020 to 25-03-2021’.

Case Briefs Supreme Court

“Courts can’t be used to settle personal scores”; SC imposes Rs 1 Lakh cost on ISKCON Kolkata officials for filing frivolous litigation against Bangalore counterparts

The Supreme Court observed that just as bad coins drive out good coins from circulation, bad cases drive out good cases from being heard on time.

Case Briefs High Courts

Gujarat High Court grants interim relief to Delhi L-G Vinai Kumar Saxena in 2002 assault case

Lieutenant-Governor of Delhi was alleged of assaulting Narmada Bachao Andolan activist Medha Patkar.

Case Briefs High Courts

Punjab and Haryana High Court refuses interim relief in favour of ‘Blenders Pride’ trade mark against ‘Royal Challenger American Pride’

Punjab and Haryana High Court considered the seven parameters laid in Narendra Hirawat & Co. v. Sholay Media Entertainment (P) Ltd., 2022 SCC OnLine SC 1878 for granting interim injunction including the extent of damages, protection of plaintiff’s interest, balance of convenience or inconvenience, etc.

Case Briefs High Courts

Judiciary candidate by mistake applied as ‘Dependent of Freedom Fighter’; Allahabad High Court allows her to provisionally appear in mains exam

Allahabad High Court granted two weeks’ time to UPPSC to file a reply and the candidate one week thereafter to file a rejoinder affidavit

Case Briefs Supreme Court

Rajasthan Civil Judge Recruitment| SC delivers Split verdict on considering candidature of OBC-EWS candidates despite belated submission of category certificates

Justice Ajay Rastogi and Bela M. Trivedi delivered their split verdicts while examining the challenge raised against the Judgment of Rajasthan High Court, dismissing the appeals of the qualified candidates of OBC, EWS category.

Case Briefs High Courts

Employees who submit forged and fabricated documents are unfit for employment: Delhi High Court

Employees guilty of submitting forged documents to their employer must be dealt with strictly and no sympathy or compassion can be shown to such an employee.

Case Briefs High Courts

Explained| Muslims can adopt a surrendered child, but must follow procedure in JJ (Care and Protection of Children) Act: Orissa HC

The Court held that while exercising the parens patriae jurisdiction for issuance of the writ of habeas corpus, the objections relating to territorial jurisdiction cannot have serious impact.

Case Briefs High Courts

Compounding of unauthorised constructions cannot be considered pursuant to the order of remand: Allahabad High Court quashes remand order

Statute cannot be read in a manner so as to confer immunity upon the resourceful people to violate law and permit them to continue to enjoy such violation for all times to come by paying some amount to the Authority.

Case Briefs High Courts

Delhi High Court dismisses PIL espousing cause of investors being duped by promoters, alleging arbitrary delisting of securities

Delhi High Court observed that on perusal of all the necessary rules and regulations, the statutory provisions do provide a robust mechanism to safeguard the interest of investors and by no stretch of imagination, it can be said that the interest of investors is not at all protected.

Case Briefs Foreign Courts

Can Twitter or other social media sites, be held liable for any content posted by ISIS on its platform? SCOTUS answers

SCOTUS unanimously held that the plaintiffs failed to allege that the social media sites had intentionally provided any substantial aid or systemically assisted ISIS, which directly led to the Reina Nightclub terror attack.