Case Briefs Archives

“Unless a work exists, there cannot be any question of copyright or reproducing it”: Punjab and Haryana HC overturns stay on release of film ‘Dear Jassi’

The entire aspect of the said life story had been part of court records in Canada extradition proceedings, and Indian courts where trail was conducted on account of honour killing, which also had been a subject matter of publications in media and five other films.

Case Briefs Supreme Court

Supreme Court directs setting up of fresh Selection Board for granting Permanent Commission to woman SSC Officer in Indian Navy

Supreme Court said that if a proportional increase in the vacancies is required to be created to accommodate the petitioner, then this should be carried out without creating any precedent for the future.

fictional video against Rahul Gandhi on Black and white

Case Briefs Tribunals/Commissions/Regulatory Bodies

NBDSA directs Aaj Tak to remove fictional video against Rahul Gandhi aired on Black and White show

The depiction of a robber and its imputation concerning Rahul Gandhi’s conviction, was not in good taste and should have been avoided and the broadcaster should be careful while airing such fictional videos in future.

Case Briefs High Courts

Delhi High Court validates Delhi Medical Council’s mandate for allopathic physicians’ registration

A PIL was filed seeking quashing of a public notice dated 24-12-2023, issued by the Delhi Medical Council (DMC) mandating any person practicing modern scientific medicine (Allopathy) in Delhi must be registered with the DMC as per the Delhi Medical Council Act, 1997.

Case Briefs High Courts

Facilitation Council does not have jurisdiction to entertain dispute arising out of services not registered under MSMED Act: Allahabad HC

Allahabad High Court said that the term ‘condition and the specification of the cold storage’ together with the definition clauses constitute the cold storage services and, therefore, cold storage services have been properly structured under the U.P. Enactment read with modified subordinate legislation of Uttar Pradesh.

Case Briefs High Courts

Delhi High Court upholds Delhi University student’s right to academic progress based on regulatory anomaly

The petitioner, a student enrolled in the B.A. (Hons.) English course at Kalindi College, Delhi University, filed a petition challenging the university’s refusal. The court directed the university to declare her second-semester examination result and permitted her to attempt the third-semester examination.

Case Briefs High Courts

[Cash-for-job scam] Madras HC refuses to grant bail to former TN Minister Senthil Balaji in money laundering case

Senthil Balaji was arrested and remanded to judicial custody on 14-06-2023 for an alleged offence under Section 3 of PMLA.

Case Briefs High Courts

Rajasthan High Court grants probation to accused persons convicted u/s 307 of IPC in thirty-three-year-old case

“The main object of sentencing a convicted person is to bring in him certain character reformation and to keep him away from the society so as to see that the impact of his criminal character does not put any adverse impact on any other person.”

Case Briefs Supreme Court

‘District Collectors summoned under S. 50 PMLA to respect and respond to summons’; SC stays Madras HC decision staying summons by ED

The District Collectors of several Districts of Tamil Nadu were summoned by the Directorate of Enforcement for various offences under the IPC and the Prevention of Corruption Act, 1988, including some of them being scheduled offences.

Case Briefs High Courts

Orissa HC orders arrest of Vessel at Paradip Port for unpaid berth hire charges and penalty of about 8 crores

Paradip International Cargo Terminal Pvt. Ltd. sought arrest of the cargo vessel for the unpaid dues of about 7.95 Crores towards the berth hire and penal berth hire charges.

Case Briefs High Courts

Delhi High Court dismisses Mahua Moitra’s plea to restrain media from privacy infringement; upholds freedom of press

Delhi High Court acknowledged the importance of balancing freedom of press and expression with the right to privacy, particularly for public figures like Mahua Moitra, the petitioner, a former elected Member of Parliament from Krishnanagar, West Bengal, affiliated with the All-India Trinamool Congress Party (AITC).

Case Briefs Supreme Court

Guilt under IPC Section 306 cannot be based on presumption: Supreme Court acquits man in wife’s 1993 suicide case

Supreme Court commented that “the criminal justice system of ours can itself be a punishment” as happened in the instant matter which started in 1993 and came to an end in 2024, after 30 years of suffering.

Case Briefs High Courts

Dart Properties (P) Ltd. files for execution of Conciliated Agreement with Cinema Ventures (P) Ltd. for payment of outstanding amount; Delhi HC issues notice

“The protection of moratorium will not be available to the directors/officers of Cinema Ventures (P) Ltd. and execution proceedings can be filed against them.”

Case Briefs Supreme Court (Constitution/Larger Benches)

No automatic vacation of stay order in six months: SC Constitution Bench overturns Asian Resurfacing judgment

Justice Abhay S. Oka wrote the majority judgment, which was concurred by Justice Mithal through a separate judgment.

Case Briefs High Courts

Calcutta High Court upholds rejection of Order VII Rule 11 CPC application despite disclosure of Cause of Action through ‘clever drafting’

Calcutta High Court stated that “Order VII, Rule 11 is applicable to the plaint which does not disclose cause of action and not the cases where the plea is non-existence of cause of action.”

Case Briefs High Courts

Delhi HC holds President, General Secretary of Delhi Sikh Gurdwara Management Committee guilty of contempt for not paying salaries to staff, teachers

“The helpless employees and teachers have been repeatedly knocking on the doors of the Court and have been frustrated by respondents by giving undertakings, which they had no intention and means to comply with, and such undertakings were given merely to buy time.”

Case Briefs High Courts

Civil Court lacks jurisdiction over Waqf Property disputes: Calcutta High Court

Calcutta High Court held that “in order to decide whether the suit is barred by any law, it is the statement in the plaint which will have to be construed.”

Case Briefs High Courts

Delhi High Court: ‘Subscription Fee’ income not classified as ‘royalties’ or ‘included services’ under DTAA and IT Act

Delhi High Court elucidated the treatment of subscription fees vis-à-vis royalties and technical services under both the Double Taxation Avoidance Agreement (DTAA) and the Income Tax Act and clarified the distinction between income from subscription fees and payments for intellectual property rights or technical consultancy services.

Case Briefs High Courts

Delhi High Court registers suo motu petition on delay by Jail Superintendents in accepting bail bonds

“The delay at the instance of the Jail Superintendent in accepting Bail Bonds is not acceptable to the conscience of this Court.”

Case Briefs District Court

Gurugram Court calls for action against ACP for not following Police Salute Protocol

The Court rebuked the ACP’s ignorance of the rules governing his service and was of the view that he needed to be trained properly by making him aware of the rules and protocols.