Case Briefs Archives

Justice Nagarathna dissent on ‘royalty’ as tax

Case Briefs Supreme Court (Constitution/Larger Benches)

Read Justice BV Nagarathna’s sole dissent in SC’s verdict on ‘royalty’ as tax and States power to levy cess on mineral rights

“Royalty is in the nature of a tax or an exaction. It is not merely a contractual payment but a statutory levy under Section 9 of the MMDR Act.”

DCDRC finds Matrimony.Com Ltd. liable for deficiency in service for failing to deliver video album of a marriage reception held in 2017

Case Briefs Tribunals/Commissions/Regulatory Bodies

DCDRC grants compensation of Rs. 17 Lakhs to actor PK Asokan for immense mental and financial agony due to shoddy tile work in his dream home ‘Punjabi House’

“This case exemplifies the profound impact that consumer grievances can have on an individual’s life. The complainant, a well-known cine artist, trusted the assurances of the opposite parties and made a significant investment in his dream home, Punjabi House, only to be met with poor workmanship and exploitation”.

Case Briefs Supreme Court

Murder over a ‘Mango’: Supreme Court converts life imprisonment to 7 years rigorous imprisonment with fine

Supreme Court noted that this is not a case of pre-planned murder as the incident started with a fight between children for “mangoes” which unfortunately flared up when the adults of the families also got involved which ultimately led to the deceased, the father of one of the children, being killed.

Case Briefs High Courts

MP High Court stays proceedings in Parental Abuse Case initiated by Children; imposes ₹1,000 cost on counsel’s failure to file Vakalatnama

The instant matter involves a complaint filed by children against their parents alleging physical abuse and restrictions on their use of mobile phones and watching TV during the COVID lockdown period in 2021.

Case Briefs Supreme Court

SC issues notice in PE teacher’s plea for a higher pay scale after attaining Master’s degree subsequent to joining

Supreme Court noted that petitioner assails the impugned order on ground that the High Court failed to appreciate that the post of PE Teacher stands on a different footing than a teacher in other subjects, as there is no separate category of “Pass Graduate or Hons. Graduate” and there is only one examination for the ‘Pass Graduate’ category for the post of PE Teacher.

Case Briefs High Courts

“Drug Addicts are added burden to law-abiding population”; Rajasthan High Court denies bail due to risk of re-offending

“Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony.”

Case Briefs High Courts

Delhi High Court | Arbitral Tribunal cannot award certain types of damages if they are specifically excluded by contractual clauses

The Court emphasized the necessity of adhering to the specific terms and limitations outlined in contractual clauses. This decision underscores the importance of clear contractual provisions and their binding nature on arbitral tribunals, reaffirming that such limitations must be respected and enforced in arbitral awards.

Case Briefs High Courts

Rajasthan High Court issues directives to curb practice of proxy teaching in Govt. schools

“The quality of education imparted to the future citizens of the nation depends upon the quality of teachers, who are appointed to teach them.”

Case Briefs High Courts

Judicial Indiscipline| Rajasthan High Court condemns trial court’s disregard for orders while framing charges; calls for action against Presiding Officer

The Court set aside the impugned order framing charge under Section 307 IPC and discharged the petitioners from this charge.

Case Briefs High Courts

Revenue officers’ inability to understand Court orders leads to MP High Court directing 6 Months training to enhance Judicial understanding

The Court directed the revenue officer to undergo a six-month training program to improve their understanding of judicial and quasi-judicial responsibilities when they pleaded inability to understand court order to reopen mutation file.

Case Briefs Foreign Courts

Pilot’s illness resulting in cancelled flight does not amount to ‘extraordinary circumstance’ for refusal to pay compensation under EC Regulation 261: UK SC

The Court stated that EC Regulation 261 provides a standardised level of compensation for passengers which does not require complex analysis. Requiring an enquiry into why, when and how a staff member became ill would be contrary to the intended operation of the scheme.

Case Briefs High Courts

Identification in Test Identification Parade is not substantive evidence; any irregularity in it will by itself does not erode evidentiary value of identification in Court: Jharkhand HC

Any irregularity committed during investigation could not be the sole ground to discard the prosecution case in its entirety, if it was otherwise proved by other cogent and reliable evidence.

Case Briefs High Courts

Delhi High Court grants bail to co-accused in murder case who purchased mobile and SIM card with a fake Aadhaar

The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Absence of specific waiver provision indicates Legislative Intent to strictly follow Section 43 of LLP Act: NCLT

“A provision vesting “inherent powers” on a Court or Tribunal are to be used sparingly and should not be used to imply and read in substantive powers where the statue itself does not prescribe such powers.”

Case Briefs High Courts

Delhi High Court grants permission for execution of a decree passed after 20 years against a Company under liquidation

The applicant must have spent considerable resources fighting the suit for the last 20 years and therefore, it would not be appropriate to deprive him of the opportunity to execute the decree obtained in his favour.

Case Briefs Supreme Court

Judge hearing application under S. 34 Arbitration Act must apply mind to grounds of challenge and deduce whether interference is required: SC

Supreme Court requested the Chief Justice of the Delhi High Court to assign the hearing of the petition under Section 34 to a Judge other than the Judge who heard and passed the impugned order.

Case Briefs High Courts

Whether a father can be booked for offence of kidnapping for taking away his own minor child from the custody of the mother? Karnataka HC answers

Perusing relevant provisions of Guardianship Act, the Court pointed out that a father is a natural guardian of a minor in the absence of any order otherwise passed by a Court of competent jurisdiction.

Case Briefs High Courts

‘Mere familial relation with accused under PMLA is not grounds for denying security clearance u/S. 7A (1)(d) of Citizenship Act, 1955’: Delhi High Court

Decisions along with the speaking orders passed by the Foreigners Regional Registration Office to reject the OCI applications of the Russian nationals were quashed.

Case Briefs High Courts

Prohibition of Child Marriage Act will supersede Muslim Personal Law; every Indian a citizen first, religion comes later: Kerala HC

“The Prohibition of Child Marriage Act, 2006 prohibits child marriage, it supersedes the Muslim personal law, and every citizen of this country is subject to the law of the land, which is Act 2006, irrespective of his or her religion”

Case Briefs Supreme Court (Constitution/Larger Benches)

Identify and exclude ‘creamy layer’ among SC/ STs from reservation: Supreme Court in Sub-classification of SC/STs Verdict

“The criteria for exclusion of the creamy layer from the SCs and STs for the purpose of affirmative action could be different from the criteria as applicable to the Other Backward Classes.”