Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Racetrack not meant for public access as a right, thus not exempted from tax’; CESTAT upholds order directing to pay service tax for construction of racetrack

The Tribunal stated that for a place to fall within the ambit of a public place, the element of right of access of public was a necessary concomitant.

Case Briefs High Courts

Parental love or concern cannot interfere with an individual’s right to choose whom they wish to marry: Kerala HC

Kerala High Court noted that the woman is well-employed at NATPAC, Thiruvananthapuram, and is about 27 years old

Case Briefs High Courts

Delhi High Court upholds refusal of patent for Portable Vehicle Management System due to lack of novelty

Based on the detailed comparison and the combined teachings along with examples of common general knowledge, it is established that the claimed invention lacks an inventive step. The features of portability, comprehensive monitoring, and anomaly detection are either disclosed in or can be inferred from the prior arts.

Case Briefs High Courts

[Comprehensive Policy or Act Policy] | “No premium was paid to cover a gratuitous passenger”; Sikkim HC upholds compensation granted by MACT as per an Act Policy

The Court referred to National Insurance Co. Ltd v. Balakrishnan, wherein the Supreme Court had distinguished between a Comprehensive/Package Policy and Act Policy by stating that an Act Policy cannot cover a third-party risk of an occupant in a car, but a Comprehensive/Package Policy would cover such risk.

Case Briefs High Courts

‘Right of dead to receive decent, respectful last rites’; Bombay HC orders Commissioner, Municipal Corpn. to issue directions to find plots of land to be used as burial grounds

For the Municipal Corporation, providing adequate place for burial of the dead is their statutory duty and obligation, thus, the authorities cannot shirk their shoulders away from such statutory responsibility.

Case Briefs High Courts

[Assam Victim Compensation Scheme] Gauhati HC directs Chief Secretary of Assam to file affidavit stating the reason for not making required amount available for disbursement of compensation

On the demand of around Rs. 44 Crores, only Rs. 9 Crores was provided to Assam State Legal Services Authority by the Finance Department and the Law Department of the State, for providing compensation to the victims.

Case Briefs High Courts

‘Dishonour of invalid cheque cannot attract liability u/s 138 of NI Act’; Allahabad HC holds Allahabad Bank cheques to be invalid post 30-09-2021

“From the perusal of Section 138 N.I. Act, it is clear that if any invalid cheque is presented before the Bank and the same was dishonoured, then no liability under Section 138 of NI Act would be attracted, and the cheque of Allahabad Bank is invalid after 30-09-2021 after merging the Allahabad Bank into the Indian Bank on 01-04-2020.”

Case Briefs High Courts

Delhi High Court rules documents require proper stamping to validate Property Transfer Claims; Directs rectification of Stamp Duty

There is a clear distinction between the invalidity and inadmissibility of the document. The document is rendered invalid if the document is not sufficiently stamped and would not be admissible in evidence unless such instrument is duly stamped as provided under Section 35 of the Indian Stamp Act.

Case Briefs High Courts

Orissa HC sets aside husband’s conviction for wife’s murder for having no link in chain of circumstantial evidence & failure to prove last seen theory

“It is never the intention of the legislature to say that merely because two persons were residing together in a house along with others and one of them suffered homicidal death, it would not necessarily mean that the deceased was last seen in the company of others.”

Case Briefs High Courts

Explained| Andhra Pradesh HC allows transfer of divorce petition on account of wife’s inconvenience in a matrimonial proceeding

“In matrimonial proceedings, the convenience of the wife has to be considered than inconvenience of the husband. There are grounds to consider the request of the petitioner to transfer the petition.”

Case Briefs Supreme Court

Supreme Court settles child custody battle after 9 yrs; Discusses seriousness of allegations of parental alienation syndrome

“The Courts ought not to prematurely and without identification of individual instances of ‘alienating behaviour’, label any parent as propagator and or potential promoter of such behaviour and that this label has far-reaching implications which must not be imputed or attributed to an individual parent routinely.”

Case Briefs High Courts

[Domino’s v. Donito’s] Delhi HC grants interim injunction to Dominos IP Holder for its mark Domino’s in relation to pizzas and burgers

The Court was satisfied that plaintiff 1 — Domino’s IP Holder LLC had made out a prima facie case for grant of an ex-parte ad interim injunction, as they were likely to suffer irreparable harm in case the injunction was not granted.

Case Briefs High Courts

Rule of exclusion of writ jurisdiction due to availability of alternative remedy is discretionary and not compulsory; Bombay HC reiterates

Remanding the consumer dispute back to the District Consumer Commission, the Court relied on MP State Agro Industries Development Corp. Ltd v. Jahan Khan, wherein it was observed that a Court may not entertain a writ petition due to availability of an alternative remedy, but the said rule cannot be said to be of universal application.

Case Briefs High Courts

Co-operative societies are not “public authorities” under RTI Act, not bound to provide information requested by citizen: Madras HC reiterates

As per the petitioner, the society is an autonomous body and is not a public authority within the meaning of Section 2(h) of the Right to Information Act, 2005.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Releasing prohibited goods without fine is not a valid option’; CESTAT upholds order directing to pay redemption fine and penalty on re-export of prohibited goods

The Tribunal stated that no court has held that prohibited goods were to be released for re-export without payment of redemption fine. Such a stance would encourage importers smuggling/making improper import of goods, to take a chance with the law and if caught, request for re-export without a fine.

Case Briefs High Courts

Delhi High Court quashes reassessment notice for AY 2013-14 due to exceeding statutory time limit under Income Tax Act

The Court quashed the notice of reassessment issued on 31-3-2023 as it surpassed the ten-year block as prescribed u/S first provision to Section of 148(1) of the Income Tax Act, 1961.

Case Briefs Supreme Court

Supreme Court rules on refund of stamp duty for an un-executed conveyance deed and fraudulent transaction

The appellant paid the stamp duty of Rs.25,34,350 and purchased the stamp duty for registration of conveyance deed. However, the conveyance deed was not registered as the vendor had earlier sold the property in question to a third party in 1992.

Case Briefs High Courts

“Object of consulting the Central Vigilance Commission is not in the interest of the employee but in the larger interest of the banking institution”: Karnataka HC

While considering a matter revolving around dismissal of a Banker due to indiscriminate lending of money to fictitious persons, the Court stated, “Funds are parked with the banks by broad segments of the public and this establishes a public trust which compels the banker to act with a greater care than what individuals engaged in commerce ordinarily do.”

Case Briefs High Courts

‘Sorry state of affairs’: Chhattisgarh HC directs Health Secretary to stop circulation of video of a woman delivering baby on the floor in Sub-Health Centre

The Court stated that when the State Government had incurred huge amount of money for providing medical facilities to the public residing in remotest part of the State, and the authorities responsible were absent and missing when they were needed the most, the State ought to take some stringent measures.

Case Briefs High Courts

[PMLA] ‘Cannot assume role of an expert’; Delhi HC directs Director, AIIMS to constitute medical board to evaluate Amit Katyal’s medical condition

“In the absence of an opinion of the experts it is difficult for this Court to conclude as to whether it is a case for grant of interim bail on the medical grounds. The Court cannot assume the role of an expert and make assessment of its own as regard the medical condition of the petitioner based on medical records placed on the Court file.”