Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Adjustment of revenue surplus prior to re-organisation from ARR of subsequent years post reorganisation not aligned with scheme of reforms under S.131 Electricity Act: APTEL

“As per transfer scheme issued under Section 131 of Electricity Act 2003, the Distribution companies cannot be treated as successors in the interest of the Bihar State Electricity Boards in respect of any surplus found in the books of BSEB relating to the period prior to re-organisation.”

Case Briefs High Courts

Telecommunication towers not ‘immovable property’ under Section 17(5)(d) of CGST Act; Delhi High Court quashes ₹5454 crore GST demand

The expression “plant and machinery” has been defined by the Explanation appearing in Section 17(5) of CGST Act to mean apparatus, equipment and machinery fixed to earth by foundation or structural support. However, it specifically excludes telecommunication towers from the ambit of the expression “plant and machinery”.

Case Briefs High Courts

Delhi High Court grants ex-parte ad-interim injunction in favour of Mankind Pharma Ltd. to restrain infringement of trade mark

It was said that if no ex-parte ad-interim injunction is granted, Mankind Pharma would suffer an irreparable loss.

Case Briefs Supreme Court

Supreme Court calls for consistent approach in seeking and granting alimony regardless of spousal wealth; criticises trend of seeking alimony as means to equalise wealth

The wife claimed that her husband’s net worth is Rs 5000 crores, but the Court decided to grant permanent alimony of Rs. 12 crores noting that the wife in the instant case has sought equalisation of status not just with the husband but also with his ex-wife and opined that this cannot be an acceptable approach.

Case Briefs High Courts

Meghalaya HC directs State to acquire and hand over land to AAI for Shillong Airport expansion within 3 months

“The development of Shillong Airport is key to advancement of State in all respects.”

Case Briefs High Courts

‘Prima facie consensual relationship’; Kerala High Court grants anticipatory bail to film director Omar Lulu in rape case

“It is a well-accepted principle that bail is the rule and jail is the exception.”

Case Briefs Supreme Court

‘Public defrauded under the guise of necessary public infrastructure’; SC upholds Allahabad HC’s decision making DND flyway toll-free

“NOIDA (Levy of Infrastructure Fee) Regulations, 1998 came to be enacted only after the Concession Agreement had been executed and were seemingly designed to validate the actions already taken by NTBCL and NOIDA.”

Case Briefs High Courts

Kerala High Court holds Charitable Society Members running Nazareth Pharmacy College to be ‘public servants’ under Prevention of Corruption Act, 1988

“If the ‘State function’ or ‘public function’ is discharged under a legal obligation or by a governmental or statutory direction, such ‘State function’ is treated as ‘public duty’.”

Case Briefs High Courts

Kerala HC expands Nodal Officer’s jurisdiction to receive & forward complaints of Malayalam film industry victims not presented before Justice Hema Committee

A Nodal Officer has been appointed in the Malayalam Film Industry Case for complainants receiving threatening calls and those who had not filed complaints before the Justice Hema Committee.

Case Briefs High Courts

‘Period of sentence undergone ‘substantial’; Delhi High Court suspends sentence of POCSO accused

The accused was directed to be released on suspension of sentence after considering that the sentence awarded was for 3 years and he had already served 2/3rd of the same.

Case Briefs Supreme Court

Supreme Court directs NEET UG counselling for vacant seats; Orders Completion of admission process by 30th Dec

Supreme Court directed that no college would be permitted to admit the students directly and admission should be conducted only through the State Admission Authorities.

Case Briefs High Courts

Kerala HC rejects appeal for Late CPI(M) leader M.M. Lawrence’s religious burial; Upholds body donation to medical college

“There is no contradiction in as much as the deceased could be a devout Christian and yet wished to donate his body to science.”

Case Briefs High Courts

Madras High Court refuses to quash abetment case against Hostel warden in Thanjavur Schoolgirl Suicide case

Madras High Court highlighted that the truth of the dying Declaration cannot be tested by this court while exercising the jurisdiction under Section 482 CrPC

Case Briefs Supreme Court

‘Transfer of investigation to CBI in special circumstances’; SC sets aside Madras HC order for re-investigation while acquitting accused for same offence

“Mere observation that the investigating authorities may have taken a lackadaisical ethical approach does not warrant the accused being put through the wringer once more for the same offence.”

Case Briefs High Courts

MP High Court allows Medical Termination of Pregnancy due to Matrimonial Dispute & Domestic Violence allegation

“…it would not be proper if she is forced to continue with the pregnancy which she does not want, as the same would certainly seriously affect her future course of life and also the life of her child.”

Case Briefs Supreme Court

‘Blot on Constitution’; SC aghast over HC staying proceedings in a case where woman was humiliated, accused of witchcraft & disrobed

“When it comes to offences that infringe upon the dignity of a person, the responsibility cast on both the investigating and the adjudicatory authorities is greater than usual or what is generally cast upon them in other circumstances… Dignity is an invaluable aspect of Indian Constitutional jurisprudence.”

Case Briefs High Courts

MP High Court directs NGT to scrutinise compensation claims in Firecracker Factory Explosion case

When the NGT passed the impugned order, the injured persons were not identified, nature of injuries was not determined and damage to houses and displacement of persons was also not identified or determined.

Case Briefs High Courts

Kerala HC quashes defamation proceedings against Ex-MP Sebastian Paul for comparing lawyers to street dogs

The case revolves around a controversial speech made by the former MP comparing certain lawyers to street dogs at a time when there was strife between the lawyers and journalists in Kerala.

Case Briefs High Courts

“Merely passing lengthy orders, only to fill up the pages, will not mean an order on application of mind”: Karnataka High Court

“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”

Case Briefs High Courts

MP High Court takes Suo Moto action on compliance, awareness and monitoring of POCSO Act provisions

“In most of the cases, we found that the age of the victim/child/girl is between 16 to 18 years and the age of the offender is 19 to 22 years. In our opinion, this is a serious issue and threat to the future of the youth of the country.”