Case Briefs Archives

‘Allegations are generic and rather ambiguous’; SC quashes S. 498A IPC case against husband and in-laws for lack of prima facie evidence

“It is rather unfortunate that the Complainant being an officer of the State has initiated criminal machinery in such a manner, where the aged parents-in-law, five sisters and one tailor have been arrayed as an accused.”

Case Briefs High Courts

Explained | Why Telangana HC excluded “open terrace”, “open portico” to calculate built-up area for deductions under S. 80-IB of IT Act

The open spaces, being exposed and outside the inner measurement of a residential unit, shall be excluded from total built-up area computation. If after excluding these spaces the residential unit’s built-up area remains within 1500 sq.ft., the assessee is eligible for tax deduction under Section 80-IB.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Read why NCLAT denied staying CCI order against UFO Moviez, Qube Cinema, Scrabble Digital

“Investigation has also revealed no other independent player apart from DNEG has attempted to enter the market over the last few years, which shows the enforcement of appellants model has been a significant barrier for independent players to venture into cloning and delivery of content by the appellants.”

Case Briefs High Courts

‘Court flooded with litigation due to ignorance of SOPs’; Punjab & Haryana HC directs circulation of SOPs regarding run-away couples seeking protection

The Court noted that the authorities appointed under the SOPs were either ignorant about it or lax in following the time frames and guidelines in strict letter and spirit.

Case Briefs High Courts

‘In merit-cum-seniority there is greater emphasis on merit’; Gauhati High Court holds promotional exercise of New India Assurance Ltd. valid

“For inclusion in the list, merit and suitability in all respects should be the governing consideration and seniority should play a secondary role. It is only when merit and suitability are roughly equal that seniority will be a determining factor…”.

Case Briefs High Courts

Sikkim HC orders refund of Rs 4.37 crore unutilized input tax credit to SICPA India (P) on its business closure

The Additional Commissioner of CGST and Central Excise, Siliguri Appeals Commissionerate, vide Order dated 22-3-2023 held that Sections 54(3) and 29 CGST Act do not provide for refund of unutilized ITC in case of closure of business.

Case Briefs High Courts

Rajasthan High Court issues interim directions to provide Interpreter to 100% hearing-impaired student for academic and exam assistance

In the instant matter, the petitioner, a student with 100% hearing impairment, approached the Court raising grievance regarding lack of adequate assistance, particularly the non-availability of an interpreter and denial of home-based instruction.

Case Briefs High Courts

‘Foreign national can’t be indefinitely restricted in India by LOC without being named as accused’; Madras HC directs completion of probe against Seychelles citizen within one year

“The investigation cannot remain indefinitely pending, and it shall not extend beyond a reasonable period, so as to infringe upon the petitioner’s right to life under Article 21 of the Constitution of India.”

Case Briefs High Courts

Bombay HC rejects accused’s plea of transfer to ‘open prison’ in Preeti Rathi Acid Attack case

Every prisoner should follow the rules and regulations of the prison and carrying prohibited items with him inside the prison will make him ineligible for transfer to an open prison.

Case Briefs High Courts

When alleged kidnapping of a pet cat ‘Daisy’ compelled Karnataka HC to admonish symptomatic misuse of criminal process

A wayward pet feline ‘Daisy’ went missing, leading to a complaint by the pet owner and subsequent filing of chargesheet against the petitioner levelling serious allegations such as insulting a woman’s modesty.

Case Briefs High Courts

‘Notice under Section 61 JGST Act cannot be issued for mere sale of goods at concessional rates’; Jharkhand High Court quashes GST-ASMT 10 notices

“We have no hesitation in declaring that notices issued under Section 61 to the respective writ petitioners are wholly without jurisdiction and are, accordingly, liable to be quashed/set aside by this Court.”

Case Briefs High Courts

Gauhati HC grants relief to woman driven out of matrimonial home due to lighter complexion of child

“The parties are dark complexioned people, but their child was fair complexioned. That is the reason why the dispute arose, and the husband started to physically harass the wife and drove her out of the matrimonial house along with the child.”

Case Briefs High Courts

Delhi High Court directs State to reconsider premature release of a prisoner incarcerated for more than 21 years; suggests reconstitution of Sentence Review Board

“The Sentence Review Board (‘SRB’) deals with human beings, that too those who have been deprived of liberty across a long span of time on account of their aggression which led to criminality. The approach of the SRB ought to be reformation oriented and not a routine disposal/statistic dominated exercise.”

Case Briefs High Courts

No well-known mark status to ‘TikTok’: Inside Bombay High Court Ruling

The mark ‘TikTok’ is already a registered trade mark in India and enjoys all statutory protection available under the Trade Marks Act, 1999, but its inclusion in the list of well-known marks, will obviously give added protection to a mark.

Case Briefs High Courts

[Constructive Desertion] Calcutta High Court sets aside divorce granted to husband due to his foundational deceit and concealment of prior marriages

The deliberate suppression of such a crucial and material fact concerning one’s marital history at the solemnization of marriage, especially when it involved a contentious prior dissolution and criminal proceedings (a 498A IPC case), constitutes profound and inexcusable mental cruelty to the wife.

Case Briefs High Courts

Kerala High Court allows reopening of Cosmetiq Hospital after closure over alleged medical negligence in Liposuction Case

Kerala High Court permitted the petitioner to conduct the hospital strictly in accordance with the provisions of the Kerala Clinical Establishments (Registration and Regulation) Act, 2018, and the conditions stipulated in the licences and permissions obtained.

Case Briefs High Courts

‘Was only present during operation as team member’; Inside Patna HC’s order quashing 22-year-old medical negligence case against a female gynaecologist

The Patna High Court relying upon the Supreme Court’s decisions in Debendra Nath Padhi, (2005) 1 SCC 568 and Bhajan Lal, 1992 Supp (1) SCC 335, acquitted the female gynaecologist in the alleged kidney removal during surgery medical negligence case.

Case Briefs High Courts

Rent Appellate Tribunal can’t keep judgment reserved indefinitely after conclusion of arguments: Rajasthan High Court

“The right of speedy and expeditious disposal of the case, trial is one of the most valuable and cherished right of a litigant guaranteed under Article 21 of the Constitution of India.”

Case Briefs High Courts

Read why Telangana HC stayed Karnataka MLA G. Janardhan Reddy’s conviction and granted bail in illegal mining case

This Court has the power to suspend the sentence and conviction and grant bail to the petitioner after recording reasons and this Court, being the appellate court, has to consider irreversible consequences.

Case Briefs High Courts

‘The Court cannot assume the role of an examiner, doing so would breach judicial propriety’; Punjab & Haryana HC orders re-evaluation in Judicial Services Exam

“It is one thing for this Court to hold that the original assessment is infirm to such an extent as to warrant reevaluation; it is quite another and indeed impermissible for it to delve into the academic merit of an answer and render its own evaluative opinion thereon.”