Case Briefs Archives

When Motive Remains Unclear, Can Death Sentence Be Imposed? Pakistan Supreme Court Examines Double Murder Case

The case concerned a daylight incident involving the killing of two family members inside their residence, resulting in a death sentence by the Lahore High Court. The matter reached the Supreme Court of Pakistan on a challenge raising issues of evidence and motive.

Case Briefs High Courts

Balaramapuram Child Murder: Kerala HC Grants Bail to Mother Accused Finding No Direct Evidence Linking Her with Crime

Addressing the grave allegations in the Balaramapuram child murder case, the Kerala High Court held that despite the brutal nature of the offence, the absence of direct evidence linking the mother to the act and her delayed implication warranted her release on bail.

Case Briefs High Courts

Delhi HC Holds “GLASS SKIN” Descriptive; Directs Removal of Trade Mark Registration in Class 3

The Delhi High Court while allowing a rectification petition filed by Renee Cosmetics (P) Ltd held that the mark “GLASS SKIN” is descriptive of skincare products and directed cancellation of its trade mark registration, finding it hit by Section 9(1)(b), Trade Marks Act, 1999.

Case Briefs High Courts

Here’s why Karnataka High Court declined interference in plea to amend final decree

The High Court held that once a final decree has been passed, the said decree can neither be amended nor revised, and the only remedy available to a party is to challenge the decree under the appropriate provisions of law.

Hindi Instructor Hindi Officer MACP ACP promotion feeder cadre Meghalaya HC

Case Briefs High Courts

Appointment to Newly Created Post Upon Abolition of Earlier Post Not a Promotion for ACP/MACP Upgradation in Absence of Feeder Cadre Relationship : Meghalaya HC

The Court held that there was nothing on record to suggest that the post of Hindi Instructor is a feeder cadre for the post of Hindi Officer. Therefore, it cannot be said that the respondent was given promotion as Hindi Officer on 1 June 1998. The Court held that the respondent is entitled to 1st, 2nd, 3rd financial upgradation on accomplishment of 30 years of regular service.

Case Briefs High Courts

Bombay High Court Grants Interim Relief to Anil Ambani in Black Money Case; CIT(A) Appeal to Continue but No Prosecution or Penalty Till Writ Petition Disposal

Observing that certain provisions of Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 were challenged for being ultra vires, the Court granted interim relief by restricting the Commissioner of Income Tax (Appeals) from passing any coercive order against Anil Ambani.

Case Briefs High Courts

Delhi HC Directs Immediate Takedown of “Scandalous” Social Media Posts Against Sitting Judge; Restrains Further Dissemination in Criminal Contempt Case

The Delhi High Court, in a criminal contempt petition under Article 215, held that freedom of speech does not protect scandalous and unsubstantiated allegations of corruption and criminality against a sitting Judge, as such publications undermine the administration of justice.

Case Briefs Supreme Court

Supreme Court Refers to Larger Bench Whether Third Judge Under S. 392 CrPC Can Go Beyond Points of Disagreement and Revisit Unanimous Findings of Division Bench

A third Judge empowered to reopen unanimous findings would mean convicts filing composite appeals gain an advantage unavailable to those filing separate appeals. That, the Supreme Court observed, may offend Article 14. The question goes to a larger Bench.

Case Briefs High Courts

Delhi HC Restrains Use Of ‘Prestige Ocean Pearl’, Finds ‘Ocean Pearl’ to be Dominant Feature of Impugned Mark; Parties Referred to Mediation

Delhi High Court held that ‘Ocean Pearl’ remained the dominant feature of the impugned mark ‘Prestige Ocean Pearl’ and granted an ex parte injunction restraining its use in connection with a luxury real estate project. The parties have also been referred to mediation.

Loss of Domestic Care Compensation for Homemakers

Case Briefs Supreme Court

Homemakers Are “Nation Builders”: Supreme Court Creates New Compensation Head “Loss of Domestic Care”; Enhances MACT Award from ₹8.43 Lakhs to ₹62.77 Lakhs

The Court created a new compensatory head for the homemaker’s contribution towards smooth functioning of the household, the loss of maternal support for children and loss of spousal support/the support and care of their child who is an adult, for the parents of the deceased.

Date of Birth Correction in CBSE records

Case Briefs High Courts

Delay of 8 Years Defeats Plea for Correction of DOB in CBSE Records; Article 226 Cannot Be Invoked to Bypass CBSE Bye-Laws: Delhi High Court

The Court held that date of birth dispute must first be resolved under Registration of Births and Deaths Act, 1969 before seeking correction in CBSE records.

pre-marital relationship police appointment cancellation

Case Briefs Supreme Court

Pre-Marital Physical Relationship Between Consenting Adults Not Ground to Draw Adverse Inference on Character: Supreme Court Restores Police Constable’s Appointment

The Court was considering a case where the appellant’s provisional selection to the post of Stipendiary Cadet Trainee Police Constable was cancelled on ground of criminal antecedents resulting from moral turpitude.

Case Briefs High Courts

Ankita Bhandari case: ‘To Malign a Person’s Image to Implicate Them in a Concluded Murder Case Is a Serious Issue’: Uttaranchal HC Quashes Two FIRs Against Former MLA; Orders Probe

Four FIRs were filed against former MLA Suresh Rathore arising from social media posts projecting complainants as involved in the Ankita Bhandari murder, a case that had already concluded with three convictions and life sentences. Two were lodged by persons who were neither the victim nor the affected party, covering the same allegations as the victim’s own FIR.

Biological father name in birth certificate IVF child

Case Briefs High Courts

Procedural Limitations Cannot Defeat a Child’s Right to Identity: Kerala HC Orders Inclusion of Biological Father’s Name in IVF Child’s Birth Certificate

Observing that a birth certificate is a person’s first public identity document and that leaving the father’s name blank could inflict lasting psychological and social harm upon the child, the Kerala High Court directed the inclusion of the biological father’s name in the birth certificate.

Tender for procurement of Battery Energy Storage System

Case Briefs Tribunals/Commissions/Regulatory Bodies

Material change in bid conditions after tariff discovery vitiates competitive bidding process; APTEL sets aside MERC approval

“It is a trite law that goal post cannot be re-arranged after the bidding process is complete to the prejudice of the rights of the bidders.”

Possession before execution of conveyance

Case Briefs High Courts

Prior Possession Cannot Be Taxed Under Article 5(e)(i) Karnataka Stamp Act; Statute Has No Residual Clause for Pre-Existing Possession: Karnataka HC

The Court set aside the impugned judgment imposing the penalty under Article 5(e)(i) of the Schedule to the Karnataka Stamp Act, 1957. The statute does not have a residual clause for Article 5(e) nor provides for a scenario where the property was previously handed over to the purchasee prior to the agreement to sell was to be entered into.

second application under order 7 rule 11 CPC rejection of plaint

Case Briefs High Courts

Second Application Under Order 7 Rule 11 CPC Maintainable If Filed on Ground Different from First; Can Be Filed Even at Appellate Stage: Rajasthan HC

The High Court held that after the rejection of one application under Order 7 Rule 11 CPC, a subsequent or other application, for rejection of the plaint, can be filed if it is based on a ground different from the ground taken in the earlier application, even at the appellate stage and shall be decided on merits.

Case Briefs High Courts

Anjana Om Kashyap & TV Today Network Files Defamation Suit Against Khan Sir and Others; Delhi HC issues summons

The plaintiffs filed suit for damages on account of defamation, insults and derogatory remarks placed by the defendants on the social media.

Landlord's Liability For Illegal Acts of Tenant

Case Briefs Supreme Court

Landlord Cannot Be Held Accountable for Tenant’s Environmental Violations: Supreme Court Declines to Interfere with NGT Order

The Court declined to interfere with the NGT’s order holding that a landlord, being the owner and not the actual occupier of the premises, cannot be held accountable for environmental violations by the tenant.

Case Briefs High Courts

Can Loan Recovery Action by Bank Officials or Creditors Amount to Abetment of Suicide? Bombay High Court Answers

In the present case, the deceased had borrowed money from the creditors who allegedly pursued repayment, causing him stress and unusual behaviour. He later fell ill under suspicious circumstances and was declared dead, with allegations of suicide due to harassment.