Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Indemnity obligation on guarantee is not operational debt’; NCLT dismisses CIRP petition due to limitation and Lack of Privity

The NCLT stated that the petitioner neither had a direct contractual relationship with the respondent, nor was the respondent provided with any goods/services, thereby disqualifying them as an operational creditor.

Case Briefs High Courts

Gauhati HC holds bar to remarriage not applicable in case of delay in filing appeal against divorce decree

Gauhati High Court holds statutory bar to remarry u/s 15 HMA cannot be extended by filing application seeking condonation of delay to challenge the divorce decree.

Case Briefs Supreme Court

SC grants divorce decree after wife resiled from settlement and disregarded terms and conditions agreed in Mediation

“The wife took advantage of the settlement executed before the Mediator and managed to get the matrimonial case instituted by the husband withdrawn and also accepted a sum of Rs. 50 lakhs from the husband as permanent alimony.”

Case Briefs High Courts

Delhi High Court sets aside detention of LLB Student due to attendance shortage for medical reasons; Directs DU to readmit

Psoriasis is a skin disease which often takes grotesque forms, it can result in deep embarrassment for the afflicted person. A perusal of photographs that the appellant has placed on record shows that a large part of his body was infected. Thus, it would be unwise for anyone to underplay the seriousness of the disease, or the discomfort that it can cause to an afflicted person. Itching is a peculiar feature of the disease, which can lead to extreme discomfort.

Case Briefs High Courts

No bar to invoke arbitration even if alternative remedy available under RERA Act: Gauhati High Court

There is nothing to show that there is any inconsistency or repugnancy between the provisions of the Real Estate (Regulation and Development) Act, 2016 and arbitration as an alternative. The parties have agreed to arbitration clause provided in contract agreement for settlement of disputes including the issue raised by petitioners.

Case Briefs High Courts

Delhi High Court rejects defamation suits by Indian Foreign Service officer against Hindustan Times

The Delhi High Court said that the Press has now assumed the role of public educator making formal and informal education possible on a large scale, particularly in the developing world.

Can Bail be cancelled by Court granting it

Case Briefs Supreme Court

Can Bail be cancelled by the same Court which granted it in the first place? SC answers

“Bail once granted, ought not to be cancelled in a mechanical manner, however, an unreasoned or perverse order of bail is open to interference by the superior Court.”

Case Briefs High Courts

Know why Karnataka HC refused to quash proceedings against person charged for writing a woman’s mobile number on the walls of men’s toilet at Majestic Bus Stand?

The Court highlighted that in the current digital age, a woman’s modesty can be railroaded by sheer circulation of pejorative statements, pictures or videos in the social media.

Case Briefs High Courts

Delhi High Court directs Government to decide plea for conducting door-to-door survey for collection of senior citizen data

The Delhi High Court directed the petition to be treated as a representation to the Chief Secretary, Government, State (NCT of Delhi).

Case Briefs High Courts

‘Passing the buck and not addressing the queries raised’; Delhi HC directs tendering authorities and GeM Portal to address bidders’ query

“The petitioner having participated in the impugned tender process is entitled to know the reasons for the disqualification of its bid and not providing these answers is contrary to the requirement of transparency.”

Case Briefs High Courts

‘Necessary to determine real conflict between parties’; Patna HC sets aside order refusing to amend pleadings after commencement of trial

The Court stated that if the amendment was not allowed it would lead to unnecessary multiplicity of litigation, as the amendments appeared to be necessary to determine the real controversy between the parties.

Case Briefs High Courts

Madras High Court affirms rejection of IIT-M Patent on ‘Method of Doping Potassium’, for lack of inventive step

Madras High Court concluded that without any experimental data to compare the costs of using filtrate material, which requires frequent changing, vis-a-vis using an external reagent, the economic significance of the claimed invention cannot be established. Thus, the claimed invention lacks an inventive step under Section 2(1)(ja) of the Patents Act.

Case Briefs High Courts

Karnataka HC grants anticipatory bail to Bhavani Revanna in kidnapping case; Directs her to not enter districts of Mysore & Hassan except for the purpose of investigation

“Investigating agencies should be very cautious while seeking their custodial interrogation. Women by their very nature deserve preferential treatment inter alia in matters relating to bail, regular or anticipatory”.

Case Briefs High Courts

Candidate claiming compassionate appointment cannot be given second chance to qualify physical efficiency test after failing it once: Allahabad HC

“Appointment under a compassionate scheme is not meant to be an alternate source of recruitment. It is essential to reach immediate succor to a bereaved family, as the sudden passing away of a government servant creates a financial vacuum and it is to lend a helping hand to the genuinely needed members of the bereaved family that an appointment is provided.”

Case Briefs High Courts

Delhi High Court denies suspension of sentence of Kuldeep Singh Senger in Custodial Death Case of Unnao Rape victim’s father

The Delhi High Court stated that the period of sentence served by a convict is only one of the several factors that are to be taken into consideration while adjudicating an application seeking suspension of sentence.

Case Briefs High Courts

GST officers shall not force a person to give statement after office hours; Must follow instructions of GST-Investigation and CBIC while summoning: Jharkhand HC

The Court stated that to speak or not to speak has always been a dilemma for a person called for giving his statement before the Customs Officer, Central Sales Tax Officer, Police Officer etc, as the implications are serious.

Case Briefs High Courts

‘Ordinary common man will be confused’; Bombay HC grants ad-interim injunction to Glenmark Pharmaceuticals for mark “ZITA-MET” against Gleck Pharma’s mark “XIGAMET”

The Court stated that physicians, doctors, and chemists are knowledgeable in their field, however they are not infallible, and in respect of medicinal and pharmaceutical products there cannot be any leeway for mistakes, since even a possibility of a mistake may prove fatal to the consumers.

Case Briefs High Courts

Magistrates should specify whether maintenance is ordered under CrPC or HAMA while dealing with Domestic Violence matters: Kerala HC

“For the reason that the parties are Hindus, one cannot assume that the order of maintenance is in recognition of the right under HAMA, for, Section 125 CrPC is secular and applicable to all.”

Case Briefs High Courts

Delhi HC grants Rajat Sharma interim injunction against defaming video and tweets by members of All India Congress

“A thin line of distinction exists between defamation and public criticism and an onerous task lies with the Courts to maintain this delicate balance between the competing claims and rights.”

Case Briefs High Courts

‘Process for redressal of grievances for refund of amount already initiated through arbitration’; Delhi HC refuses relief under Section 9 of the Arbitration and Conciliation Act, 1996

The Delhi High Court said that the petitioner had no prima facie right, title, and interest in the allotted units, and a case was not made out to restrain the respondents from creating any third-party interest.