Case Briefs Archives

DHFL Bank Fraud case| ‘Definitely required regular and periodical medical attention’; Delhi HC grants bail to Dheeraj Wadhawan on medical grounds

The Court stated that mere fact that at present hospitalisation was not required and the applicant can be treated on outpatient basis did not disentitle the applicant from grant of medical bail.

Case Briefs High Courts

Madras High Court waives Swiss Garnier’s pre-deposit contemplated under S. 19 of MSMED Act for setting aside an award

The statutory authority under the MSMED Act would only have the jurisdiction to entertain a dispute when the supplier had been registered as a Micro or Small enterprise under the MSMED Act at that relevant point of time.

Case Briefs High Courts

Well-qualified wife should not remain idle and dependent on maintenance from husband: MP High Court

“Section 125 of CrPC has not been constituted to create an army of idle or inactive people waiting for maintenance to be awarded from the income of the other spouse.”

Case Briefs High Courts

Karnataka HC refuses to quash POCSO case against Drawing Teacher for allegedly taking photos/videos of minor girls changing dresses

The Court strictly observed that the offence against the petitioner is a shade more than horrendous. “More than horrendous, I say, for the reason that the petitioner is a teacher (…) If this cannot become a crime, it is not understandable as to what else can be”.

Case Briefs High Courts

All women employees entitled to 180 days Maternity Leave, irrespective of nature of employment: Rajasthan High Court

“Motherhood is one of the most profound and rewarding experiences in a woman’s life. It is a blessing that transcends societal boundaries, cultural norms and professional roles.”

Case Briefs High Courts

‘SC’s 2023 decision in Ashish Agarwal does not deprive assessee of the right to question initiation of reassessment based on S.149(1)’; Delhi HC quashes notice against Genpact India

‘Although Genpact had alluded to the amended statutory regime that had come into existence and had informed the AO of the obligation to follow the procedure under Section 148A, no legal challenge was instituted to impugn the action commenced by notice dated 30-06-2021.’

Case Briefs High Courts

Bombay HC rejects Builder’s pre-arrest bail plea in Building Collapse case leading to loss of lives; calls for thorough investigation

Applicant is alleged to have constructed a four-storey building without necessary permissions and using substandard materials, violating the provisions of the Maharashtra Regional and Town Planning Act, 1966.

Case Briefs High Courts

Can Muslim wife claim interim maintenance under S.151 CPC while seeking divorce under Dissolution of Muslim Marriage Act? Madras HC answers

“Since the legislature cannot contemplate a solution to all the problems that are presented in Society. Within the broad framework that is laid down by the legislature, Courts will have to find a solution to the individual cases.”

Case Briefs High Courts

Rajasthan High Court permits accused to travel abroad to attend daughter’s engagement ceremony; upholds Right to personal liberty

“Virtual presence cannot substitute the physical presence of a father at his daughter’s engagement, which is a once-in-a-lifetime event for both father and daughter.”

Case Briefs High Courts

Live-in couples are entitled to protection from tangible threats, even if one of the partners is already married: Punjab and Haryana High Court

The Court stated that if any of the partners in a live-in relationship has minor children, none of the partners is required to abandon his/her duty to provide optimum care and protection to the minor children.

Case Briefs Supreme Court

No black and white photographs in pleadings without prior permission of Court: SC directs Registry

“For a long time, the parties are placing on record black and white photocopies of photographs, mostly which are blurred.”

shashi tharoor 2018 defamatory statements against PM Modi

Case Briefs Supreme Court

SC stays proceedings against Shashi Tharoor over 2018 defamatory statements on PM Narendra Modi

Shashi Tharoor while addressing the audience at the Bangalore Literature Festival in 2018 had quoted lines from the article published by the Caravan magazine and which said that “Mr. Modi is like a scorpion sitting on a Shivling; you cannot remove him with your hand, and you cannot hit it with a chappal either.”

Case Briefs High Courts

MP Municipalities Ordinance amending ‘period to move no-confidence motion against Municipal Council Head’ has retroactive operation: MP High Court

The Court criticised the state of uncertainty among various officers due to inconsistent application of the Ordinance and suggested that the State Government should have provided clarity.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Money advanced for clearing land title is an investment, not financial debt under Section 5(8) of the IBC: NCLAT

The NCLAT reinforced that not all financial transactions qualify as financial debts under the IBC.

Case Briefs High Courts

‘Will impose heavy cost, initiate contempt proceedings’; Gauhati HC grants last two months opportunity to State of Mizoram to set up State Human Rights Commission

The present petition is pending since 2021, and the Court observed that the State Government is not willing to set up State Human Rights Commission in State of Mizoram.

export of military equipment to Israel supreme court

Case Briefs Supreme Court

Supreme Court dismisses petitions seeking to stop export of arms & military equipments to Israel in the ongoing Gaza Conflict

Considering the petition seeking directions for the Union Government to cancel existing licenses/permissions and to stop the grant of new licenses to Indian companies, the Court stated that the self-imposed restraint on Courts entering into areas of foreign policy is grounded in sound rationale which has been applied across time.

Case Briefs High Courts

Delhi High Court temporarily restrains Star Hospitality from using mark ‘SOCIAL’; grants interim injunction to Impresario Entertainment and Hospitality (P) Ltd.

“An average consumer with an imperfect recollection is likely to be deceived into thinking that the plaintiff has opened a new ‘SOCIAL’ outlet in Vadodara, Gujarat where the defendant is operating its outlet.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency proceeding under Section 95 IBC can’t be continued against legal heirs after personal guarantor’s death: NCLT

“The term “personal guarantor” is defined under Section 5(22) of the IBC as “personal guarantor” means an individual who is the surety in a contract of guarantee to a corporate debtor.”

Case Briefs Supreme Court

Accused in custody can apply for anticipatory bail in connection with a different case: Supreme Court

“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”

Case Briefs High Courts

Gujarat HC transfers minor boy’s sexual assault and murder probe to CBI on no fruitful outcome by police after 9-years

In 2015, the minor left the school but did not reach his house and three days later, his body was found by the police, and it was alleged that he was murdered after being subjected to unnatural sexual intercourse.