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DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC holds United Breweries liable for Glass Piece found in a Beer Bottle; orders compensation for being negligent

The complainant had bought a beer bottle for his personal consumption, unfortunately there was glass piece in the beer bottle which hindered him from drinking the beer.

Case Briefs High Courts

West Bengal Bar Council Black Day Resolution not a mandate for Advocates to abstain from work: Calcutta High Court

The Calcutta High Court said that no coercive measures or disciplinary action would be taken against advocates who appear before courts for the interest of their clients.

Case Briefs High Courts

‘Board of Councilors have discretion to reduce interest amount’; Calcutta High Court upholds waiver of 50% interest on property tax

The Calcutta High Court did not permit raising the issue of non-service of bills belatedly at the appellate stage to avoid liability of taxpayer.

Case Briefs High Courts

Under what circumstances can a witness be recalled for reexamination under Section 311 of CrPC? Kerala HC answers

“The very use of words such as “any court”, “at any stage”, or “or any enquiry, trial or other proceedings”, “any person” and “any such person” clearly spells out that the provisions of this section have been expressed in the widest possible terms, and do not limit the discretion of the court in any way. There is thus no escape if the fresh evidence to be obtained is essential to the just decision of the case.”

Case Briefs High Courts

[Clean Slate Basis] Delhi HC sets aside assessment order pertaining to previous liability against corporate debtor issued after NCLT Chennai concluded the CIRP

The Court stated that once the resolution plan was approved by the COC, it should be binding on all the stakeholders. Thus, the successful resolution applicant starts running the business of the corporate debtor on a fresh slate.

Case Briefs High Courts

Paramour of an accused cannot be dragged into proceedings under Section 498A of IPC; Karnataka HC reiterates

The Court pointed out that a paramour of an accused cannot be dragged into proceedings under Section 498A of IPC as the said accused would not become a relative or a member of the family as is necessary under Section 498A of IPC.

Case Briefs High Courts

Read why Allahabad HC refused to set aside order acqutting a man accused of rape on false promise of marriage

“There is clear distinction between rape and a consensual sex. The Court in such cases carefully examined whether accused actually wanted to marry victim or had a malafide motive and had made a false promise to this effect to satisfy his lust, as latter false ambit of cheating or deception. There is a distinction between breach of promise or not fulfilling the promise.”

New releases News

Ministry of MSME organises ‘Udyami Bharat’ event on International MSME Day

Ministry of Micro, Small and Medium Enterprises, in partnership with Ministry of Law and Justice and the National Law School, Delhi has organised ‘Udyami Bharat’ event on the ‘International MSME Day’.

Case Briefs High Courts

‘S 149(1) neither effaces nor removes the first proviso to S153C (1)’; Delhi High Court quashes notice u/S 148 of IT Act

In cases where a search is conducted after 31-03-2021, the first proviso to Section 153C (1) would have to be construed and tested as regards the date when the Assessing Officer decides to initiate action against the non-searched entity.

Case Briefs High Courts

‘Sexual orientation an innate part of identity of LGBTQ+ persons’: Kerala HC upholds Right of choice and Right to live life of a queer woman

“Many LGBTIQA+ youth face familial rejection, often from an early age. This rejection can take a devastating toll on individuals and isolate them from physical, emotional and economic resources that are essential to their well-being. In such cases, it is important to recognise the family as a site of violence and control for many queer women, who they need protection from rather than any “guardianship”.

Case Briefs High Courts

Delhi HC directs Union to justify Non-Allotment of Housing Unit to AAP from General Pool Residential Accommodation

The Delhi High Court said that a huge pressure cannot be the only reason to deny Aam Aadmi Party its right to be allotted an accommodation for setting up its party office.

Case Briefs High Courts

Patna HC rejects plea for anticipatory bail to police officials in the case of custodial death and alleged abuse of woman arrested without warrant

The Court opined that given the serious nature of allegations, petitioner(s) did not deserve the privilege of pre-arrest bail.

Case Briefs High Courts

[Train Accidents] | “Injury sustained while deboarding from the wrong train cannot be termed as self-inflicted injury”: Bombay HC

Setting aside the decision of the Railway Claims Tribunal and awarding compensation to legal representatives of the deceased the Court stated that a rash and negligent act cannot be equated with a criminal act resulting in self-inflicted injury and held that the injury sustained by the deceased was an ‘untoward incident’ as under Section 123(c)(2) of the 1989 Act.

Case Briefs High Courts

Live-in-Relationship between married adult and unmarried adult is not in ‘nature of marriage’ giving rights to parties: Madras HC

Madras High Court has observed that by entering such a relationship, the appellant has committed an intentional tort, namely interference in the marital relationship with intentionally alienating him from his wife and children

Case Briefs High Courts

‘Non-litigating spouse is a competent witness for the other spouse who litigates’: Kerala HC sets aside Trial Court order

“The expression ‘competency of witness’ refers to the capacity, ability or qualification to give evidence in the Court of Law.”

Case Briefs High Courts

Allahabad HC grants bail to a man accused of rape; pulls up investigating officer for ‘poor quality’ of investigation

‘The D.G.P., U.P., Lucknow is directed to file affidavit enclosing the circulars related to the accountability of the Investigating Officer, Supervising Officer, Monitoring Officer and other higher officials, by the next date of listing’

Case Briefs High Courts

[Land Acquisition] Bombay HC directs Municipal Corporation to follow MRTP Act to acquire church’s land reserved for public purposes

The Court stated that until the Municipal Corporation resorted to appropriate procedure in law to acquire the disputed land, it should not disturb the peaceful possession of the Church in any manner whatsoever.

Case Briefs High Courts

[Organised Crime Syndicate] | Bombay HC upholds Trial Court’s order convicting construction contractor under MCOCA

The Court referred to Govind Sakharam Ubhe v. State of Maharashtra, 2009 SCC OnLine Bom 770, wherein it was held that the charge under MCOCA ropes in a person who as a member of the syndicate commits organised crime either individually or jointly.

Case Briefs High Courts

Punjab and Haryana HC allows student accused in murder case to appear for LLM Exams for being an outstanding and meritorious student

The Court stated that if petitioner is not permitted to give the exams, it will cause irreparable loss to the petitioner, as he will not be able to complete his LLM and the same will jeopardize his future.

Case Briefs High Courts

Orissa HC upholds Forest Rangers’ promotion who were promoted through reservation under OFS Group A (JB), 2013

“Denial of consideration of the cases of the appellants, who had completed five years of continuous service in the rank of OFS Group-A (JB) for their promotion in the rank of OFS Group-A (Senior), would amount to nullifying their promotions to the rank of OFS Group-A (JB) from the post of Forest Rangers, without following due procedure.”