Case Briefs Archives

[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

MP High Court permits minor daughter to donate Liver Tissue on exceptional medical grounds

The petitioner is suffering from end stage chronic liver disease, his liver is severely affected and if treatment of transplant of tissue of liver is not done then there is danger to his life.

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

Orissa High Court explains scope of High Court’s power under Section 37 of Arbitration and Conciliation Act

Orissa High Court held that the court’s intervention is limited and emphasised on the autonomy of the arbitral process and the finality of the arbitral award.

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.”

Hemant Soren bail in money laundering case

Case Briefs High Courts

Jharkhand High Court grants bail to former CM Hemant Soren in money laundering case involving illegal acquisition of land

The Court stated that overall conspectus of the case based on broad probabilities does not specifically or indirectly assign the petitioner to be involved in the acquisition and possession as well as concealment of 8.86 acres of land at Shanti Nagar connected to the “proceeds of crime”.

Case Briefs High Courts

‘Typical example of frivolous litigants abusing the Court process’; Jharkhand HC quashes criminal proceedings against Century Cement

The Court stated that when the case under Section 138 of the Negotiable Instruments Act, 1881 was already filed by the petitioners, Respondent 2 had all the opportunity to defend in that pending complaint case, and without doing so, present complaint case was filed implicating the petitioners.

Case Briefs High Courts

“It was unconstitutional to fasten criminal liability for non-disclosure of tax return assessment for 2007-08 or 2009-10 under Black Money Act, 2015”: Karnataka HC

In a retrospective application of Sections 50 and 52 of Black Money (Undisclosed Foreign Income and Assets) Imposition of Tax Act, 2015, the Income Tax Dept. had fastened criminal liability on the petitioners for non-disclosure of tax return assessment for 2007-08 and 2009-10.

Case Briefs High Courts

‘Departments not serious in solving water logging problem’; Gauhati HC imposes Rs 1000 cost and grants one more opportunity to file response

On 03-06-2024, the petitioner, North East Eco Development Society raised a serious issue regarding water logging in the city of Guwahati, which has persisted for a long time.

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

Telangana HC refuses to quash FIR against Senior Advocate allegedly taking bribe to influence Judges due to pending investigation

The Court opined that the allegation that money is obtained to bribe the judges of this Court casts a serious doubt on the independence of judiciary and implies that justice is up for sale and such serious allegations need to be investigated.

Case Briefs High Courts

Delhi High Court upholds LOC against Businessman amid fraud investigation into Fortis Healthcare and Religare Enterprises

The petitioner is an Indian businessman and erstwhile billionaire with Fortis Healthcare, Religare, and Ranbaxy Laboratories, seeking permission to go abroad to attend the graduation ceremony of his two sons one on 01-07-2024 at Durham University and the other on 02-09-2024 at University College London.

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

‘Unlike enrolment fee, there is no statutory provision which prescribes any sum towards exam fee’: Madras HC dismisses plea to reduce AIBE fee

“A Writ of Mandamus can be issued only if the applicant can show the existence of a legal right.”

Case Briefs High Courts

‘Hotel’s legitimate expectation was not met’, Madras HC sets aside order rejecting SRM Hotel’s request for renewal of land lease on fresh terms

“SRM Hotels should have been given an opportunity to demonstrate that they and not TTDC are better equipped to run the hotel.”

Case Briefs High Courts

‘One year PG degree is valid for Government Service’: Madras HC directs TNPSC to appoint candidate as typist and to provide him all service benefits

“In the post of Typist where there are vacancies at any given time, the petitioner can be accommodated in any subsequent vacancy without the challenge being made to the selection and appointment of the next candidate and without dislodging the candidate who is selected in his place.”

Case Briefs High Courts

Manipur High Court set asides discharge order of accused involved in transnational drug trafficking syndicate; remands back for trial

The Court held that the trial court should not indulge in a detailed inquiry at the stage of charge framing but should only ascertain whether there are sufficient grounds to proceed based on the police report and prosecution documents.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT allows appeal by Hindustan Coca Cola Beverages challenging classification of ‘Minute Maid Nimbu Fresh’ as lemonade instead of fruit pulp or fruit drink

A show cause notice was issued to the appellant, to recover Central Excise Duty payable on the impugned product, during the period of April 2011 to August 2012, on the grounds that the appellant had misclassified the product as fruit pulp or fruit drink, instead of lemonade.

Case Briefs High Courts

‘Totally unjust to deny Sports Gradation Certificate’; P&H HC directs Department of Sports to issue Certificate to shooter seeking to take admission in Panjab University

The Court stated that the petitioner is needed to be treated as a class apart, for which provisions are made for the admissions in the academic courses and in the Government Departments for public appointments by keeping seats reserved under Sports Category.