Case Briefs Archives

‘Offence under S. 354A of IPC is gender specific and only a man can be prosecuted under the same’; Calcutta HC quashes sexual harassment case against female accused

It was said that since all sub-sections of Section 354A of IPC start with the words ‘a man’, a female accused would not be covered under this Section.

Case Briefs High Courts

Madras HC directs Chief Secretary to initiate appropriate action and remove prefixes like ‘Tribal’ from names of Government Schools

“If the Government School is named as “Tribal School”, then what would be the impact in the society. It is painful that even in the 21st century the Government is allowing to use such words in the Government Schools, functioning from and out of public money”

Case Briefs High Courts

‘State can deviate from advertised vacancies in exceptional cases’; Meghalaya HC upholds appointment of 3 judges made above number of advertised vacancies

The Court clarified that the deviations from number of vacancies and appointments on them are permissible in exceptional circumstances or emergent situation, for clear and anticipated vacancies and not future vacancies.

Case Briefs High Courts

Madhya Pradesh High Court orders enquiry against Trial Court Judge for ‘blindly’ signing wrong order sheets written by clerk

The Court dismissed the bail application with the liberty to the applicant to renew his bail application after the co-accused surrenders.

Case Briefs High Courts

Telangana HC upholds right of women members of Akbhari Sect of Shia Muslims to offer prayers in Ibadat Khana

Nowhere, in the Holy Book, the Almighty prohibited women from entering prayer halls to offer their prayers and Chapter 2 Albakarah 222-223 makes it evident that except during a particular period which is given as ‘rest period’ for women by the Nature itself, there is no bar against women to offer prayers.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT approves replacement of IRP with Insolvency Professional Entity based on CoC’s resolution & IBC’s timeline

The NCLT noted that Form AA, meant for individual Insolvency Professionals, had been modified by the Insolvency Professional Entity to fit its consent as no separate form for IPEs exists.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT issues notice to CPCB & MoEFCC on recovery of 6 lakh fake EPR certificates from plastic-recycling companies in Gujarat, Maharashtra & Karnataka

The companies claimed to generate far more certificates than what their actual recycling capacity permitted for. It was also alleged that the recycling companies generated and sold fake Extended Producer Responsibility (EPR) certificates without actually recycling the plastic waste.

Case Briefs High Courts

MP High Court refuses to quash FIR against NHAI officials who failed to demonstrate ‘Good Faith’ in road maintenance/ditch closures

The Court stated that the applicants had not acted in good faith, as they failed to take necessary steps to maintain the road or close/regulate traffic despite knowing the hazardous condition.

Case Briefs High Courts

Whether defamatory allegations made in arguments before a Court, can form a basis for prosecution for defamation? J&K and Ladakh HC answers

This was a case where the act of defamation took place in Jaipur, where certain allegations regarding the respondent’s association with Hizbul Mujahiddin were levelled by the counsel for the petitioner.

Case Briefs High Courts

Punjab and Haryana HC directs Trial Court Judge and Public Prosecutor to furnish explanation for disregarding its directions

In consequence, the wanton disregard to the explicit directions as made by this Court, upon the trial Judge concerned, thus prima facie constitutes contempt of Court.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Incentive of discounts declared for small/mid segment cars cannot be allowed to luxury model cars attracting higher rate of duty: CESTAT

In absence of any suppression or mis-declaration of the facts, larger period of limitation could not be invoked.

Case Briefs High Courts

Allahabad HC sets aside Passport Authority’s order impounding a man’s passport due to pending criminal case

Allahabad High Court: In a writ petition challenging the communication issued by the Regional Passport Officer, whereby he has been informed that

Case Briefs High Courts

Bombay HC refuses to quash FIR against Director of International Pharma Trader Co. for non-compliance with NDPS provisions

The Export Promotion Council of India is merely a facilitator in promoting exports of pharmaceutical products, and the RMCC is a facilitator for the Customs officials in the enhancement of security; the non-provision of the Notification by them was not a justification for the applicant’s non-compliance.

Case Briefs High Courts

‘Ultimate decision of woman whether to opt for abortion or adoption’: Allahabad HC directs State to facilitate discreet delivery and adoption of 15-year-old minor girl’s unborn child

A woman’s decision in whether or not to go ahead with the termination of her pregnancy is a decision that is to be taken by no one but herself. This is primarily based on the widely acknowledged idea of bodily autonomy. Here, her consent reigns supreme.”

Case Briefs High Courts

If burden of excess octroi duty is passed onto consumers, then granting its refund will amount to ‘unjust enrichment’; Bombay HC dismisses Colgate’s plea

It is reasonable to infer that petitioner has already passed on the burden of octroi duties to its consumers as it has neither pleaded nor established that it has not passed on the burden of the alleged excess octroi collected by the Bombay Municipal Corporation to its consumers.

Case Briefs Supreme Court

Bar Councils cannot charge more than amount specified under S. 24 of Advocates Act as enrolment fees: Supreme Court

Supreme Court declared that the judgment would have a prospective effect, thus the Bar Councils are not required to refund the enrolment fees collected more than the statutory amount so far.

Case Briefs High Courts

Divya Coronil Not a Cure for COVID-19; Delhi High Court directs immediate removal of Misleading ‘Divya Coronil’ Claims

The very branding and labelling of the said Tablet as Coronil appear to suggest that the drug nullifies the coronavirus, it cures the disease, which may even amount to mis-labelling and/or mis-branding of the drug, which is impermissible under the provisions of the Drugs and Cosmetics Act, 1940.

Case Briefs Supreme Court (Constitution/Larger Benches)

Supreme Court on Parliament’s power to impose limitations on State to levy tax on mineral rights

Supreme Court said that authorizing the Central Government to lay down the terms of mining leases and grant approval to concessions, the MMDR Act seeks to ensure that there is uniformity in the terms for working of mines and extraction of minerals.

Case Briefs District Court

Delhi Court denies bail to a man accused of sending legal notice with fake signature of Senior Adv. Sidharth Luthra

Senior Advocate Sidharth Luthra alleged that accused had created a forged legal notice and sent it to the Managing Director and CEO, IndusInd Bank Ltd. and other Senior dignitaries of the bank to release the funds.

Case Briefs High Courts

Bank cannot be charged with demand, interest, penalty for filing return in another State’s GST portal due to technical glitch: Telangana High Court

The foundation of show cause notice itself was bad in law and the assumption that return could not have been filed in the GST portal of Telangana did not flow from Section 140 of the Central Goods and Services Tax Act, 2017.