Case Briefs Archives | Page 17 of 906

Supreme Court rules washing, cleaning, and dry-cleaning as ‘Manufacturing Process’ under Factories Act, 1948

“It is very clear that Section 2(g) of the Factories Act, 1934 did not have the words ‘washing, cleaning’ and they have been specifically brought in the Factories Act, 1948 with a clear object of bringing into the fold of the Act undertakings excluded from the scope of the 1934 Act.”

Case Briefs High Courts

‘Nothing substantial in trial, matter adjourned almost 78 times’; Gujarat HC grants bail to accused in NDPS case

“Bleak hope of any speedy trial in the matter.”

Case Briefs High Courts

‘Students should not be barred from carrying smartphones’; Delhi High Court issues guiding principles for the use of smartphones in schools

The factual matrix in this case presented a situation in which a minor student was visited with certain consequences by reason of misusing a smartphone while in school.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Electricity is an “essential service” under Section 14(2) IBC; can’t be discontinued even if dues remain unpaid during CIRP: NCLAT

“If the Corporate Debtor operates as a manufacturing facility, then electricity may be treated as critical service by the insolvency professional and the dues for such services must be paid.”

Case Briefs District Court

UP Court restrains Jamp Pharma from using Jubilant Generics’ confidential data; Grants injunction against copyright infringement

The plaintiff alleged that Jamp Pharma breached the agreement by sharing the product dossiers with the defendants i.e., Indian pharmaceutical companies manufacturing the said products for Jamp Pharma. Since these defendants were not parties to the original agreements, the plaintiff contended that their use of the product dossiers constituted copyright infringement and misappropriation of trade secrets.

Case Briefs High Courts

Bombay HC stays order directing registration of FIR against former SEBI Chairperson Madhabi Puri Buch and other SEBI, BSE officials

The special court passed the order on the complaint filed by Sapan Shrivastava, a media reporter, seeking investigation into the alleged offences committed by the accused persons, involving large scale financial fraud, regulatory violations, and corruption.

Case Briefs High Courts

Punjab and Haryana HC stays license cancellation of street vendors; directs them to file appeal against dislocation to remote areas

“Since the show cause notice to the vendors merged into the final order of the Town Vending Committee, they had the remedy to file a statutory appeal against it.”

Case Briefs Supreme Court

Justice Bela M Trivedi explains jurisdictionary powers of judicial review under Arts. 32 and 226 of Constitution when arrest is challenged

“Though, the power of judicial review keeps a check and balance on the functioning of the public authorities and is exercised for better and more efficient and informed exercise of their powers, such power has to be exercised very cautiously keeping in mind that such exercise of power of judicial review may not lead to judicial overreach, undermining the powers of the statutory authorities”

Visually impaired eligibility for judiciary

Case Briefs Supreme Court

Visually impaired candidates eligible to participate in judicial service examination: Supreme Court

“The Constitution of India is blind to the differences between able-bodied and differently abled citizens in matters of providing equal opportunity to all citizens in all spheres of life, including employment, and envisages equality and non-discrimination.”

Power to arrest under Customs and GST Acts

Case Briefs Supreme Court

Explained | Supreme Court’s verdict on constitutional validity of “power to arrest” provisions under Customs and GST Acts

“The framework of the Customs Act clearly reflects the legislative intent to establish a distinct and unique procedure for the exercise of arrest powers by a customs officer”

Case Briefs High Courts

‘Real women empowerment begins with right to live and move freely without fear’; Delhi HC upholds conviction of a man accused of harassment in public space

Public transport, which is meant to ensure mobility and independence, instead became a site of fear and vulnerability for the victim, and any undue leniency to an accused caught at the spot, may embolden any future for perpetrators.

Case Briefs High Courts

Electricity Act | Jurisdiction to impose civil liabilities for electricity theft lies with Special Court, not Administrative Authorities: MP High Court

“Section 154(5) of the Electricity Act, 2003 gives exclusive jurisdiction to the Special Court to determine civil liability in electricity theft cases.”

Case Briefs High Courts

Prima facie findings in bail orders not binding on Trial Court or Investigating officer: Kerala High Court

Kerala High Court said that when a question of law or a point on merit is raised by the accused in a bail application, it is the duty of the bail court to decide that point. But that decision will be a prima facie finding at the bail application stage.

Case Briefs High Courts

S. 85 of Waqf Act | Waqf Tribunal has exclusive jurisdiction over disputes once a property qualifies as ‘Waqf by user’: Rajasthan High Court

“It is not disputed that Masjid is a place used for religious purpose for praying Namaz etc., therefore, it comes within the definition of ‘Waqf’.”

Case Briefs Supreme Court

Supreme Court acquits murder convicts due to lack of credible evidence; Sets aside High Court’s conviction order in 36-year-old case

Supreme Court said that according to the prosecution, the convicts had committed the murder of the deceased. Therefore, it is for the prosecution to connect the convicts to the murder by producing credible and legally admissible evidence.

Case Briefs High Courts

Delhi HC slams indiscriminate freezing of bank accounts; Calls for policy reform in cyber-crime investigations

The possibility of marking a lien on disputed amount, whenever it is identifiable, should be explored as a more appropriate interim measure. Ideally, it should be the first and foremost option.

Case Briefs High Courts

‘Mere admission of signatures on paper not admission of Will’; Punjab & Haryana HC rejects probate plea of man whose attesting witness was found untrustworthy

“Attesting witness must satisfy judicial conscience that he saw testator signing the Will being aware of its contents. Attesting witness needs to be trustworthy and truthful.”

Case Briefs High Courts

‘Writ Petitions can’t be filed by raising mutually destructive pleas without any sense of responsibility’; Bombay HC dismisses speculative plea against land acquisition after 77 years

“Delay, laches, and disputed questions of fact are all matters that cannot be ignored when it comes to exercising discretionary jurisdiction under Article 226 of the Constitution.”

Case Briefs High Courts

‘Deliberate attempt to misled and confuse consumers’; Delhi HC awards costs and damages of Rs. 20 lakhs to Castrol Ltd in trade mark dispute

Upon careful comparison of the plaintiff’s trade dress and that of the defendants, it became apparent that the overall colour scheme, get-up and layout of the defendants’ impugned packaging is nearly identical to that of the plaintiff’s trade dress.

Section156(3) CrPC application directions

Case Briefs Supreme Court

SC clarifies prospective nature of direction in 2015’s Priyanka Shrivastava case on Section 156(3) CrPC applications being supported by affidavit

“The judgment of the Court will always be retrospective in nature unless the judgment itself specifically states that the judgment will operate prospectively”.