Case Briefs Archives

Bombay HC directs enquiry into 2012’s New Year eve party with liquor at children’s shelter home

A PIL was filed by a social worker-petitioner in 2014 in relation to New Year eve liquor party, but no action was taken, hence, petitioner sought re-enquiry.

Case Briefs High Courts

MP High Court grants bail to Government Model College Guest Faculty accused of circulating alleged WhatsApp posts to hurt religious sentiments of other community

“…simply on the ground of forwarding messages, video which may hurt the religious sentiment of community, a person cannot be indefinitely kept in jail.”

Case Briefs High Courts

Bombay High Court: Prolonged unauthorised absence from work constitutes voluntary abandonment of service and not termination

The employees ignored multiple communications from the petitioner-employer urging them to return to duty and moreover, there was no evidence that any of the employees made a genuine attempt to report back.

Case Briefs Supreme Court

Misappropriation of bail surety amount | SC grants anticipatory bail to former Nagaland Principal District Judge

It had been alleged that the while serving as Principal District Judge, the petitioner had misappropriated Rs 14,35,000 which was allegedly deposited as bail surety.

Case Briefs High Courts

“If guilty, basis must be disclosed; if not, litigation is futile”; MP High Court directs NGT to decide culpability before fastening liability in fire incident

The Court emphasised the need for fairness and cautioned against causing prejudice by delaying a determination of culpability and liability in fire incident.

Case Briefs High Courts

Bombay HC quashes order refusing ‘WR’ trade mark to Yamaha for similarity with Honda’s ‘WR-V’

Acknowledging the principle of territoriality, prior use in international jurisdictions, the registration obtained for the subject mark ‘WR’ in such territorial jurisdictions and other relevant materials produced by Yamaha, the Court directed fresh review of the application.

Case Briefs Supreme Court

Supreme Court stays Calcutta High Court’s suo motu contempt proceedings against police officials in 2019 Howrah Court assault case

The 2019 Howrah District Court assault case revolved around a violent confrontation on 24-04-2019, between lawyers and police personnel at the Howrah District Court complex in West Bengal.

Case Briefs High Courts

Read Why Orissa HC upheld divorce on husband being called ‘nikhatu, kempa’ by wife for his physical infirmity

Wife’s behaviour of using derogatory terms for husband’s physical disability discloses her thought and respect to her husband.

Case Briefs High Courts

Know why Uttaranchal HC quashed criminal proceedings against Patanjali Ayurved for alleged misleading advertisements

“As there is no specific allegation that how the advertisement was false and misleading so as to constitute the offence punishable under Sections 3, 4 & 7 of 1954 Act then there was no occasion for the trial court to take the cognizance and summon the petitioners to face trial.”

Case Briefs Supreme Court

‘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.”