Case Briefs Archives

Calcutta High Court upholds forfeiture of earnest money in e-auction sale dispute

The Calcutta High Court stated that the terms of the e-auction notice explicitly stated the conditions of the sale, including the forfeiture clause in case of non-compliance by the bidder.

Case Briefs High Courts

To constitute a valid service u/s 34(3) of A&C Act, a signed copy of Arbitral Award must be delivered to each party and not to their agent or lawyer: Delhi HC

“The expression ‘party’ as defined in Section 2(1)(h) of the Arbitration and Conciliation Act, 1996, clearly indicates a person who is a ‘party’ to an Arbitration Agreement and in no way includes the agent of the party to such Agreement.”

POCSO Trial Judge training Karnataka Judicial Academy

Case Briefs High Courts

Know why Karnataka HC recommended a Trial Court Judge to undergo training in Karnataka Judicial Academy vis-à-vis POCSO cases

The High Court was shocked to find that the Trial Judge have not understood properly what is meaning of the theory beyond reasonable doubt in appreciating the evidence in POCSO cases.

Case Briefs High Courts

Allahabad HC directs UP Bar Council to ensure that applications received for grant of license are subjected to police verification

“All the applicants, who may be facing criminal charges and/or may have been convicted are bound to inform the Bar Council at the stage of making their applications as to pendency of such cases and/or existence of any order of conviction”

Case Briefs High Courts

Delhi High Court instructs YouTuber Shyam Meera Singh to delete tweets against Dera Sacha Sauda head Gurmeet Ram Rahim

YouTuber Shyam Meera Singh had put up a video against Gurmeet Ram Rahim and further tweeted against him.

Case Briefs High Courts

Redemption and rehabilitation of prisoners must receive due weightage; Himachal Pradesh HC grants parole to convict for solving his personal and family issues

“Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens.”

Case Briefs High Courts

Calcutta High Court affirms constitutional validity of Section 16(4) of W.B. GST Act, 2017; Upholds denial of Input Tax Credit

Calcutta High Court rejected the appellant’s argument, affirming that the time limit under Section 16(4) restricts the entitlement under Section 16(2).

Case Briefs High Courts

‘Husband has not treated both wives equally as required under Islamic Law’; Madras HC upholds Family Court’s judgment granting dissolution of marriage

“Under the Islamic Law, the husband is entitled for Polygamous marriage, however, he has to treat all the wives equally”

Case Briefs High Courts

Calcutta High Court upholds rectification of initial pay fixation error under the Assured Career Progression Scheme

The ACP Scheme mandates upgradation to the next higher grade in the existing hierarchy and the petitioner, being a Constable, was entitled to the 1st ACP upgradation in the existing hierarchical pay scale.

Case Briefs High Courts

Penalty imposable under Section 56(4)(b) of Bihar VAT Act on account of clerical mistake in mentioning of invoice number in SUVIDHA form: Patna High Court

“Section 60(4) of Bihar VAT Act, 2005 enables a seizure of goods along with the carrier if the authority suspects the transport to be in contravention of the provisions of Section 60(2).”

Case Briefs High Courts

Karnataka HC quashes charges of criminal trespass and criminal intimidation against a father who tried to meet his daughter by entering in a garbage van

The High Court found that a father’s anxiety to meet his daughter was dubbed as criminal trespass and intimidation, however, these offences were loosely laid against the father.

Case Briefs High Courts

Notice under section 2(35) of Income Tax Act not served; Bombay High Court quashes prosecution against independent director

“Passing orders of issuance of a process without appreciating the statutory provisions and cautiously examining the material on record may put the wheels of criminal law in motion and summon an innocent individual to stand trial.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Arsenic and Fluoride in Groundwater| NGT directs various States, CGWB and MoEF&CC for urgent protective steps; rebukes CGWB for shirking away from its statutory responsibility

Arsenic has been detected in ground water in parts of 230 Districts and 25 States and fluoride in 469 Districts and 27 States.

Case Briefs High Courts

Chhattisgarh High Court upholds constitutional validity of Section 16(4) of Central Goods and Services Tax Act, 2017

“The petitioner herein, which has filed the present writ petition, is only a proprietorship firm and not a citizen and therefore cannot claim protection of Article 19(1)(g) of the Constitution.”

Case Briefs High Courts

Delhi HC upholds constitutional validity of Section 115BBE of Income Tax Act, 1961; Says ‘cannot be held unconstitutional on apprehension of misuse’

“It is settled law that the Act provides a complete machinery for assessment or re-assessment of tax and the assessee is not permitted to abandon that machinery to invoke jurisdiction of the High Court under Article 226 of the Constitution.”

Case Briefs High Courts

Calcutta High Court acknowledges basic right to live in safe and comfortable dwelling; Remits repair application for reconsideration

The Calcutta High Court asserted that occupants have the right to take steps for the comfort and safety of the building at their own cost.

Case Briefs High Courts

Declaration of status or right/title to property is a relief in personam and is arbitrable: Delhi High Court

“Only when the subject matter of the dispute relates to actions in rem, that do not relate to subordinate rights in personam arising from rights in rem, the subject matter will be non-arbitrable.”

Case Briefs High Courts

‘Court has power to grant mandatory injunctions at interlocutory stage’; Calcutta High Court directs demolition in violation of injunction order

The Calcutta High Court reiterated that the court, in exercising equitable jurisdiction, has the power to remedy wrongful acts, especially when there is a violation of a restraint order.

Case Briefs High Courts

Delhi High Court dismisses PIL seeking usage of expression ‘Union Government’ instead of ‘Central Government/Centre’

“Federalism which was the basic structure of the Constitution could not be diluted or violated by usage of the expression ‘Central Government’.”

Case Briefs High Courts

Unilateral withdrawal from attempted divorce settlement can cause disquiet and uncertainty in husband’s mind, thus amounts to cruelty: Delhi High Court upholds divorce

“It is evident that the fight inter se the parties was not on any justifiable grounds, but was a war between the egos prompted by the desire to wreak vengeance against the spouse.”