Case Briefs Archives

Apprehensive detention as ‘sand smuggler’ based on past conduct of terrifying community & disturbing public order unsustainable: Bombay HC

The apprehension of the Detaining Authority was that since the alleged sand smuggler had been allegedly terrifying the community and creating obstacles in public order, he would engage in similar activities in future as well. However, the Court stated that such is not the criteria for a person to be detained as a ‘sand smuggler.’

Case Briefs High Courts

‘Transaction stood grandfathered by virtue of Article 13(3A) of India-Mauritius DTAA’; Delhi HC quashes AAR order holding Tiger Global-Flipkart transaction as ‘aimed at tax avoidance’

Merely because a parent entity may exercise shareholder influence over its subsidiary that would not lead to an assumption that the subsidiary in question was operating as a mere puppet or that it was wholly subservient to the parent entity.

Case Briefs High Courts

Section 311 CrPC| Can Prosecutrix be recalled for further Cross-Examination based on affidavit filed after her initial testimony? MP High Court answers

Section 311 CrPC allows the court to recall a witness if it is essential for a just decision of the case, but such power must be exercised judiciously and with caution.

Case Briefs High Courts

Bombay High Court directs SEBI, NSE, BSE to pay Rs 80 lakhs costs for illegal and invalid freezing of demat accounts

Respondents have not shown any active role of petitioner in the capacity of the promoter, in the management of the company, Shrenuj, and any role and obligation factually fastened on petitioner in the various compliance which are required to be undertaken under SEBI (LODR) Regulations, at the time of freezing of his demat accounts.

Case Briefs Supreme Court

[Habeas Corpus in Child Custody] SC restores 3-yr-old daughter’s custody to Father after temporary custody with Aunt following mother’s death from COVID-19

“Whether the writ Court should exercise its jurisdiction under Article 226 of the Constitution of India or not will depend on the facts and circumstances of each case. However, it is to be noted that a common thread in all the judgments relating to the custody of minor children is the paramount welfare of the child.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Competition Commission of India approves RIL- Walt Disney’s 8.5 Bn Dollar Joint Venture

Competition watchdog CCI’s approval to this joint venture was granted subject to compliance of voluntary modifications.

Case Briefs Supreme Court

Arbitrator can award pre-reference & pendente lite interest even when agreement is silent on award of interest or does not specifically prohibit it: SC

The Court has affirmed the power of the Arbitrator to grant pre-reference, pendente lite, and post-award interest on the rationale that a person who has been deprived of the use of money to which he is legitimately entitled has a right to be compensated for the same.

Case Briefs Supreme Court

‘Civil dispute painted with the brush of criminality’: SC quashes charges against KECML vis-a-vis misappropriation of coal rejects worth Rs 52.37 crore

The Court reproached the CBI for embarking on a roving and fishing inquiry on the strength of the CAG Audit Report and then working backwards to sniff out criminal intent against the appellants.

Case Briefs High Courts

‘Denial of admission after allotment of school is violative of the RTE Act’; Delhi HC directs private school to allow admission of EWS category student

Asking the student to continue studying in the MCD school would be tantamount to an onslaught on his constitutional rights and the Constitutional Court would be failing in its duty to secure the fundamental rights of the young citizen.

Case Briefs High Courts

Bombay HC denies bail to BRAHMOS former engineer convicted for sharing secret information of BRAHMOS Missiles to Pakistan

When the question of National security and safety arises, it is quite serious than the cases of gruesome murder and in the present circumstances, the Court is not prepared to risk the National security and safety.

Case Briefs High Courts

‘Appearing before Court in drunken state is unpardonable’; Delhi High Court holds advocate guilty of criminal contempt

‘The language used by the advocate had scandalized the court and such conduct also leads to interference in the administration of justice.’

Case Briefs Supreme Court

Supreme Court grants anticipatory bail to journalist Shajan Skaria in SC/ST Act case for making derogatory remarks against MLA PV Sreenijin

“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”

Case Briefs High Courts

Appeal cannot be transferred to Commercial Court u/s 24(5) of CPC; term ‘proceeding’ under the provision does not include appeals: Andhra Pradesh High Court

This will not mean that the appellant cannot prefer a fresh appeal to the commercial court, Visakhapatnam or such Court which has the jurisdiction.

Case Briefs High Courts

‘O. VI R. 17 does not limit amendment of pleadings at any stage of proceedings, if it is necessary for determining the real questions in controversy’: Sikkim HC

The amendments were imperative for the proper and effective adjudication of the dispute; refusal to allow the amendment application would have caused injustice or resulted in multiple litigations; and the amendments did not constitutionally or fundamentally change the nature of the case.

Case Briefs Supreme Court

Incriminatory Statement given by PMLA accused in custody is inadmissible in another money laundering case: Supreme Court

“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”

Case Briefs High Courts

‘Preference Policy not applicable if ‘no qualified ST candidate available’; MP High Court quashes termination of ASHA worker

The Court held that the petitioner’s termination was based on a misapplication of the policy, as no qualified ST candidate was available, and therefore, no preference could have been applied.

Case Briefs High Courts

Right to Life and Liberty to be protected irrespective of marital status or age; Rajasthan High Court directs police protection for minor live-in couple

“It is the bounden duty of the State, as per the Constitutional obligations casted upon it, to protect the life and liberty of every citizen.”

Case Briefs High Courts

Telangana HC stays demolition of N. Convention, founded by actor Nagarjuna and entrepreneur Nalla Preetham Reddy

Since petitioner disputes the fact that respondent-authorities have served the show-cause notice, thus, respondent-authorities are directed to demonstrate the manner and mode of service of the show-cause notice on petitioner before passing the speaking order.

Case Briefs Supreme Court

‘Sad that even after years, Courts do not understand the fine distinction’; SC breakdowns key differences & ingredients of criminal breach of trust and cheating

“For cheating, criminal intention is necessary at the time of making a false or misleading representation i.e., since inception. In criminal breach of trust, mere proof of entrustment is sufficient. Thus, in case of criminal breach of trust, the offender is lawfully entrusted with the property, and he dishonestly misappropriated the same. Whereas, in cheating, the offender fraudulently or dishonestly induces a person by deceiving him to deliver any property.”

Case Briefs High Courts

Delhi High Court imposes Rs. 5 lakhs costs on a website for using copyrighted photographs/images of Louis Vuitton without authorization

The Court stated that the defendants shall continue their business of pre-owned goods of the plaintiff. However, the defendants shall conspicuously display on their website that the goods sold by them, are certified pre-owned goods of the plaintiff.