AI-made fake precedents surface in trial court order; Supreme Court issues notice
“A decision based on such non-existent and fake alleged judgments is not an error in the decision making.”
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Relief for tenant as Delhi High Court directs restoration of electricity at coaching centre in landlord-tenant dispute
The Court directed that electricity supply to the premises be restored within seven days subject to payment of electricity charges by the petitioner.
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No pre-award or pendente lite interest, even as compensation, when contract bars it; SC upholds post-award interest
The Arbitral Tribunal was justified in awarding post-award interest, but the rate of interest required modification.
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Delhi Excise Policy Case | Delhi High Court issues notice to Arvind Kejriwal, Manish Sisodia and 21 others on CBI’s plea challenging discharge
“The observations limited only qua the Investigating Officer are stayed, till the next date of hearing, including the direction recommending departmental action against him.”
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Delhi Excise Policy Scam case | Principles for appreciating prosecution material at the stage of charge explained
“Criminal liability is founded on legally admissible material capable of giving rise to a sustainable inference, and not on conjecture, or investigative imagination.”
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High speed not ‘sine qua non’ to constitute offence under Section 279 IPC; Del HC grants leave to appeal against acquittal
“Possibility of rashness and negligence by a driver cannot be negated on the mere account of low speed, especially when it is alleged that the respondent was driving a heavy vehicle, carrying material over the permissible weight limit, in a zig-zag manner prior to the accident.”
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Inside Delhi Excise Policy Case Ruling: Rouse Avenue Court discharges Arvind Kejriwal, Manish Sisodia and 21 others; finds no prima facie case
“The Court is not to act merely as a post office or a mouthpiece of the prosecution. The Court must apply its judicial mind to the record to assess whether the material, taken at face value, discloses the essential ingredients of the alleged offence and raises grave suspicion, as distinct from a mere suspicion.”
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Issue of genuineness of arbitration agreement be decided by Arbitrator as preliminary issue under Section 11(6A): Supreme Court
The matter revolves around the alleged forgery/genuineness of the agreements containing the arbitration clause.
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Summoning order under Section 138 NI Act need not be elaborate, but must reflect application of mind: Delhi High Court
“Issuance of summons in a criminal case is a very serious matter, since even mere issuance of summons by criminal court may stigmatise a person, who may not be required to be summonsed at all.”
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Addressing overcrowding in prisons, Supreme Court issues directions for expansion and uniform governance of Open Correctional Institutions
“Continued underutilisation, despite availability of infrastructure, reflects a systemic indifference to deploy reformative mechanisms and warrants immediate corrective measures.”
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‘Sharbat Rooh Afza’ classifiable as fruit drink under Entry 103 of UPVAT Act taxable at 4%: Supreme Court
“The nomenclature “sharbat” does not strip the product of its essential character as a fruit-based beverage concentrate, particularly where its composition and intended use align with that understanding.”
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Pre-existing dispute irrelevant once debt and default proved: Supreme Court restores Section 7 IBC proceedings
Unapproved restructuring of loan facility not in compliance with the Debenture Trust Deed cannot defeat the admission of Section 7 IBC application once financial debt and default are established.
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Delhi High Court: No Interest Payable on Delayed Salary when delay attributable to employee’s own conduct
“Petitioner did not sign the pre-receipts, mandatory for drawing salary, and also did not submit his bank details. The petitioner’s own conduct and non-cooperative attitude contributed to the delay in release of payments.”
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Right to live with dignity includes hygienic environment: Delhi HC orders demolition of open garbage bin and urinal near residential property
“One of the integral aspects of a healthy life is hygienic environment. Absence of a healthy environment would frustrate the right of the petitioner to live with dignity.”
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Mark “Chacha” distinctive for garments; Delhi High Court grants interim injunction in trade mark suit
“CHACHA, though otherwise a word of common usage, has clearly no connection with sarees or garments. There is no basis, therefore, for a Court to hold that, when used in connection with the sarees or garments, the word CHACHA is not distinctive.”
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A homemaker doesn’t ‘sit idle’; Law must acknowledge economic value of her unpaid contribution: Delhi HC grants interim maintenance to wife
“The capacity to earn and actual earning are distinct concepts, and as per settled law, mere capacity to earn cannot be a ground to deny maintenance. The real test is whether the wife is actually earning.”
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EdTech platform has right to use publicly available university ranking information, provided it is not disparagingly presented: Delhi HC
“The respondent has neither challenged the rankings made by the ranking agencies, nor has it exercised its right to be forgotten by making a request to Google to efface its existence from the Google search results.”
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Telecom Operator liable to pay reserve price for continued operation from date of 2G spectrum judgment: Supreme Court
“Having slept over the matter for that length of time, the DoT cannot take advantage of its own lassitude and seek to mulct upon the respondent interest liability for that period.”
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Link Addl. Sessions Judge competent to extend investigation period beyond 90 days under MCOCA; Delhi HC upholds rejection of default bail
The Court held that extension of the investigation period under the Maharashtra Control of Organised Crime Act, 1999, by a Link Judge, during the absence of the designated Special Judge, does not render custody illegal or entitle the accused to default bail.
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Removal from service for tweeting/re-tweeting corruption allegations against employer, disproportionate: Delhi HC set asides penalty
Public dissemination of allegations by a PSU employee through social media may attract disciplinary consequences. However, where misconduct does not demonstrate corruption or moral turpitude, severance from service violates the doctrine of proportionality.
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