Case Briefs Archives

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.”

Case Briefs High Courts

‘Personal hearing no substitute for comprehensive written reply’; Calcutta High Court grants interim protection in partnership dispute

Calcutta High Court noted that discrepancies in service date and providing inadequate time for response to show-cause notice, indicates a breach of natural justice.

Case Briefs High Courts

Calcutta High Court upholds conviction under Section 363 of IPC, acknowledging victim’s age and established facts of abduction

Calcutta High Court concurred with the trial court’s decision to acquit the accused under Section 366 of IPC due to absence of evidence supporting sexual assault.

Karan Thapar Bitcoin Facebook Meta Get Rich Quick

Case Briefs Tribunals/Commissions/Regulatory Bodies

GAC directs Facebook (Meta) to immediately remove Karan Thapar’s purported interview promoting get-rich-quick schemes and bitcoin platforms

GAC directed Meta to deal with the complaints/appeals received after applying due diligence and act promptly on the Committee’s directives and confirm the action taken to the Committee.

Case Briefs High Courts

‘Incidental or non-essential observations do not constitute res judicata’; Calcutta High Court affirms dismissal of Order 7 Rule 11 application

Calcutta High Court noted that the mere dismissal of the first suit does not automatically render the second suit barred by res judicata.

Case Briefs High Courts

Misrepresentation and Extortion in POCSO case| ‘Using name of Judges for commission of offences brings disrepute to judicial system, shakes community’s faith’; Delhi High Court denies bail

“This case and order will serve as a reminder that general public shall not believe unscrupulous persons and give them money, even if they are assured that they will get some work done from within the judicial system by such payment.”

Case Briefs High Courts

Calcutta High Court overturns temporary injunction in Pre-emption case due to delay in immediate demand under Section 236 of the Mahomedan Law

Calcutta High Court acknowledged the importance of strict compliance with the requirements of Section 236 of the Mahomedan Law in pre-emption cases.

Case Briefs High Courts

No right to remain on Indian soil, if visa expires; Himachal Pradesh HC denies bail to man accused of committing offence u/s 14 of the Foreigners Act, 1946

“As per the result of the analysis, the substance found in the possession of the petitioner was confirmed to be heroin. Since, the petitioner did not produce passposrt and visa, offence under Foreigners Act, 1946 is added.”

Case Briefs High Courts

Calcutta High Court affirms legality of disciplinary proceedings; Emphasises limited scope of Judicial Review

Calcutta High Court found no violation of natural justice and emphasised that it cannot re-appreciate evidence in the exercise of judicial review.

Case Briefs High Courts

‘Ensures transparency, efficiency in State Departments’; Delhi High Court upholds MCD’s App-based Attendance System

“The decision to introduce a system implemented for enhancement of hospital administration is rooted in improvement of overall healthcare services to citizens of country. Employees are expected to align with these measures, recognizing linkage between compliance and smooth functioning of essential public services.”

Case Briefs High Courts

Bombay High Court | One Partner cannot refer a dispute to arbitration in the absence of the other Partners joining

The objection raised was on the ground that, although the applicants and respondent 2 formed a partnership to enter into the investment agreement with respondent 1, the notice invoking arbitration was issued only on behalf of the applicants and that respondent 2, despite being a partner, did not join in issuing the invocation notice.

Case Briefs Supreme Court

“No repeated or severe blows inflicted upon mother-son duo”; Supreme Court sets aside conviction under Section 307 IPC

The Court modified the sentence imposed and found the convicts guilty under Sections 323 and 324 of the IPC.