(1)
COMPETITION COMMISSION OF INDIA .....Appellant Vs.
STATE OF MIZORAM AND OTHERS .....Respondent D.D
19/01/2022
Competition Law – Jurisdiction of CCI – Anti-competitive Practices – CCI's role in investigating bid rigging, collusive bidding, and cartelization in lottery tenders – Lottery business regulated under Lotteries (Regulation) Act but CCI jurisdiction affirmed for anti-competitive aspects – Premature High Court intervention criticized – Proceedings remanded to ...
(2)
RENAISSANCE HOTEL HOLDINGS INC. .....Appellant Vs.
B. VIJAYA SAI AND OTHERS .....Respondent D.D
19/01/2022
Trade Marks – Infringement – Identical Marks – Defendant’s use of a mark identical to the plaintiff’s registered mark – Presumption of confusion – Section 29 of Trade Marks Act applied – High Court erred by not acknowledging the legislative scheme presuming confusion when identical marks are used for similar goods/services – Appeal allowed with...
(3)
SUSHIL KUMAR .....Appellant Vs.
THE STATE OF HARYANA AND OTHERS .....Respondent D.D
19/01/2022
Promotion – Inspector General of Police's Authority – Punjab Police Rules – IG's power to review SP's recommendations for promotion under the 10% outstanding performance quota – Rule 13.7(14) empowers IG to scrutinize and approve SP's list – SP's recommendation not final until IG's approval – Three-stage scrutiny required for selection as...
(4)
STATE OF U.P. .....Appellant Vs.
JAI DUTT AND ANOTHER .....Respondent D.D
19/01/2022
Criminal Law – Murder vs. Grievous Hurt – IPC Sections 302 and 326 – Conviction converted by High Court – Deceased died due to head injury after six days – Head injury considered fatal and on a vital part of the body – Mere absence of fracture not sufficient to downgrade conviction – High Court’s conversion of conviction to Section 326 IPC erroneous ...
(5)
INDIAN OVERSEAS BANK AND OTHERS .....Appellant Vs.
OM PRAKASH LAL SRIVASTAVA .....Respondent D.D
19/01/2022
Service Law – Departmental Proceedings – Jurisdictional Error – High Court erred in acting as an appellate court on merits – Departmental inquiry found respondent guilty of misconduct based on preponderance of evidence – Tribunal's findings on fraud and forgery upheld – Evidence led by the bank sufficient – High Court's remittance to Tribunal for e...
(6)
MOHD. FIROZ .....Appellant Vs.
STATE OF MADHYA PRADESH .....Respondent D.D
19/01/2022
Criminal Law – Rape and Murder of Minor Girl – Sentencing – Appellant convicted for the offences under IPC and POCSO Act, sentenced to death by the trial court and confirmed by the High Court – Supreme Court commuted death sentence to life imprisonment, taking into account restorative justice principles and mitigating circumstances – Sentence of imprisonment for a per...
(7)
GEETA DEVI .....Appellant Vs.
STATE OF U.P. AND OTHERS .....Respondent D.D
18/01/2022
Criminal Law – Appeal Against Acquittal – High Court’s Duty – High Court must reappreciate entire evidence in detail in a first appeal against acquittal – General observations without detailed reappreciation inadequate – Presumption of innocence strengthened by trial court’s acquittal – Appeal allowed for reconsideration [Paras 1-8].
Appellate Jur...
(8)
B.L. KASHYAP AND SONS LIMITED .....Appellant Vs.
M/S JMS STEELS AND POWER CORPORATION AND ANOTHER .....Respondent D.D
18/01/2022
Civil Procedure – Summary Suit – Leave to Defend – General Rule and Exception – Leave to defend should be granted unless the defendant has no substantial defence – Denial of leave is exceptional – Appellant raised triable issues regarding liability – High Court erred in denying leave – Appeal allowed with leave to defend granted [Paras 1-21].
Lega...
(9)
ISHWARJI NAGAJI MALI .....Appellant Vs.
STATE OF GUJARAT AND ANOTHER .....Respondent D.D
18/01/2022
Criminal Law – Bail – Cancellation – Circumstantial Evidence – Seriousness of Offense – High Court's order granting bail without considering material evidence and gravity of the offense erroneous – Accused conspired with others to murder his wife for insurance money – Evidence shows call records and monetary motives – Bail granted on weak grounds...