Case Briefs Archives

‘Too harsh to foreclose anyone’s right to file written statement merely on conjectures and surmises’; SC sets aside NCDRC order

Supreme Court permitted the appellant to file a written statement on or before 14-10-2024. The respondent/complainants were allowed to file replication, if any, by 06-11-2024 and the affidavit of evidence on or before 09-12-2024.

Case Briefs High Courts

‘Policy based response from municipalities required, not judicial intervention’; Delhi HC denies to interfere in issue of lack of parking spaces in residential colonies

‘This issue is symptomatic of a larger urban planning failure, where colonies were developed without foresight for parking facilities, causing residents to park in the streets.’

Case Briefs Supreme Court

UAPA| 14-Days timeline for grant of sanction mandatory; Validity of sanction to be ordinarily challenged at the earliest stage: SC

The Supreme Court clarified that the observations made in this judgment shall apply prospectively.

Case Briefs Supreme Court

Storing and watching child pornography an offence under POCSO, IT Act: Key takeaways from Supreme Court’s Landmark Verdict

The Supreme Court observed that the term “child pornography” is a misnomer that fails to capture the full extent of the crime as it can lead to a trivialization of the crime, as pornography is often seen as a consensual act between adults. It, hence, proposed a new term for the offence.

Case Briefs Supreme Court

‘Improper to discriminate among homogenous group’; SC directs reinstatement of Teacher whose candidature was cancelled over graduation cutoff marks

“It will be improper to discriminate inter se among a homogenous group of students admitted for the academic session 2009-10. It could not be that those students admitted in the first round of counselling would be eligible, even with less than 50% marks in graduation, while the others admitted in the subsequent rounds of counselling would not be.”

Case Briefs High Courts

Rajasthan High Court upholds the method of redistributing marks of deleted questions within same subject in Accountant Exam

“Deletion of questions from a particular subject and distribution of their marks proportionately in the remaining questions of the same subject does not make any discrimination between the candidates.”

Case Briefs High Courts

Driving vehicle without number plate not cheating under Section 420 IPC; police can impose fine: Telangana High Court

It was stated that to attract Section 420 of the Penal Code, 1860, the accused must cheat and dishonestly induce the victim to deliver any property to any person or make, alter, or destroy a part of valuable property.

Case Briefs High Courts

J&K High Court cautions authorities against misusing Preventive Detention powers at cost of mocking the Constitution

“There is no iota of doubt that the preventive detention of the petitioner is a sheer abuse of jurisdiction of preventive detention under the Jammu & Kashmir Public Safety Act, 1978.”

Non-Signatories bound by Arbitration Agreements

Case Briefs Supreme Court

Supreme Court explains how Non-Signatories may be bound by Arbitration Agreements

The Supreme Court elucidated the key factors through which the intention of the parties to be bound by an arbitration agreement can be gauged.

Execution Court Section 28 Specific Relief Act recission of contract

Case Briefs Supreme Court

Whether Execution Court can decide application under Section 28 of Specific Relief Act for recission of contract/ time extension? SC answers

Dismissing the appeal, the Court opined that the respondents had all throughout shown their intention to pay the balance consideration for execution of the sale deed whereas the appellants appeared interested only in challenging the decree before higher Courts.

Case Briefs High Courts

Delhi HC upholds order by CAT allowing appointment of Scheduled Caste candidate holding Caste Certificate not issued by State of Delhi

‘NCT of Delhi is giving reservation to one category and denying the same to another, which is sheer discrimination and cannot be permitted.’

Case Briefs High Courts

Madras High Court stays operation of Instruction issued by Specified Officer of MEPZ denying GST benefits on Group Health Insurance services

Madras High Court said that the Specified Officer of MEPZ-Chennai had, vide impugned Instruction unilaterally proceeded to remove General Insurance services from the purview of default list of input services.

Case Briefs High Courts

Read why Gujarat HC directed Revenue Tribunal’s Chairman to step down for passing ‘diametrically’ opposite orders, whilst State decides on conduct

State to inquire whether the Chairman of the quasi-judicial body like the Tribunal in passing such orders which are contrary to the settled proposition of law and decisions of the Supreme Court, should be permitted to continue on such a senior position.

Vicarious application of contributory negligence to passengers

Case Briefs Supreme Court

Motor Accident Claim | Vicarious application of contributory negligence of car driver to the passengers, to reduce compensation is illegal: SC

“The High Court recorded an incongruous finding that if the offending truck had not been parked on the highway, the accident would not have happened even if the car was being driven at a very high speed. Therefore, the reasoning of the High Court on the issue of contributory negligence is riddled with inherent contradictions and is paradoxical”

Case Briefs High Courts

‘Amul is a well-known mark’; Delhi High Court restrains Bio Logic and Psychotropics India Pvt Ltd from using mark similar to ‘AMUL’

No plausible explanation was provided by the defendants as to why the trade mark ‘AMUL’ was adopted. No written statement was filed on behalf of the defendants. The conduct of the defendants highlighted their mala fide and dishonesty in adopting the same mark, as that of the plaintiffs’.

Case Briefs High Courts

Calcutta High Court grants bail to DYF leader Kalatan Dasgupta and restrained authorities from taking coercive action

‘Since Kalatan Dasgupta had already provided his statement and his mobile phone had been seized, he shall not be involved in further investigative proceedings without leave of Court.’

Case Briefs Supreme Court

‘Filing petition without petitioner’s knowledge is a fraud on court’; SC directs CBI probe

“There is a great sanctity attached to the proceedings conducted in the Court. No professional much less legal professional, is immune from being prosecuted for his/her criminal misdeeds.”

Case Briefs High Courts

‘Detention based on Look Out Circular amounts to arrest, violates fundamental rights’; Bombay HC declares Singapore resident’s arrest illegal

The moment petitioner was intercepted by the Immigration officers around 10:00 pm, on 13-08-2024, allegedly based on a Look Out Circular, he was deprived of his liberty and he ceased to be free.

Case Briefs High Courts

Rajasthan High Court consolidates trials for 259 FIRs against Sanjivani Group Chairman; Upholds Right to Fair and Speedy Trial

“Whether the proceeding against the accused shall be called as prosecution or it would be a persecution. Whether it’s a persecution or be it a prosecution but in anyway it must come to an end within a reasonable period.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether a car manufacturer be held liable for the wrongdoings/omissions of a car dealer? SCDRC answers

The complainant upon getting impressed by a lucrative deal on Hyundai Santro car via a newspaper advertisement, approached the authorized dealer of Hyundai and deposited booking amount, but did not receive the delivery as assured.