Case Briefs Archives

Supreme Court directs MoHA and Bureau of Immigration to permit promoter of Bank loan defaulting company to travel abroad

LOC can be taken where accused was deliberately evading arrest or not cooperating in investigation

‘Proceedings under PMLA are always subservient to primary proceedings’; Punjab and Haryana HC close ED proceedings arising out of ECIR in light of acquittal in primary offence

The Court opined that since Enforcement Case Investigation Report (‘ECIR’) is not a condition precedent for starting an investigation or inquiry by the Enforcement Directorate and is only an internal record of the department, its quashing would serve no purpose whatsoever.

Case Briefs High Courts

‘Wholly Misconceived’; Delhi HC dismisses petition seeking FIR against PM Narendra Modi for allegedly delivering hate speech

The Court noted that petitioners have filed the present petition even though the representation made to the Election Commission of India is stated to be under consideration.

Case Briefs High Courts

Bombay HC rejects plea to quash case against Former Andhra Pradesh CM Nara Chandrababu Naidu for assaulting police personnel

Applicants, i.e., Nara Chandrababu Naidu, and Nakka Ananda Babu, refused to cooperate during their transfer to Central Jail Aurangabad and created terrorizing atmosphere, hurled abuses in Telugu and English and used criminal force and even assaulted the police constables.

Case Briefs High Courts

Bombay HC upholds Notifications changing the names of Aurangabad and Osmanabad to Chhatrapati Sambhajinagar and Dharashiv, respectively

The Court opined that if an authority is empowered to name a revenue area under a statutory provision, there are no reasons to deny the power for altering the names of a revenue area to such an authority.

Case Briefs Supreme Court

‘Rule 3(7) of IT Rules not iniquitous, draconian or harsh on taxpayers’; SC holds bank employees’ interest-free loans taxable as perquisites

“When there is certainty and clarity, there is tax efficiency which is beneficial to both the tax payer and the tax authorities. These are all hallmarks of good tax legislation.”

Case Briefs Supreme Court

Consumer Protection| Advocates not liable for deficiency of services; Professionals to be treated differently from persons carrying out business and trade: SC

“Any interpretation of the Preamble or the scheme of the Act for construing ‘Profession’ as ‘Business’ or ‘Trade’; or ‘Professional’ as ‘service provider’ would be extending the scope of the Act which was not intended, rather would have a counter productive effect”

Case Briefs High Courts

Can the issue of limitation be decided in a petition under Section 11 of the Arbitration Act? Delhi High Court answers

“The Court’s jurisdiction at the pre-reference stage is only to determine the prime facie existence of an arbitration agreement and the final adjudication, even on the question of limitation, is to be left to the arbitral tribunal, being the parties’ chosen forum.”

Case Briefs High Courts

Delhi High Court grants bail to accused for having a sexual relationship on the false pretext of marriage

Court said evidence shows a consensual relationship between two adults where promise to marry may not have been motivating factor for sexual relationship.

Case Briefs High Courts

Awards cannot be set aside on ground of erroneous application of law or by reappreciation of evidence until it suffers from patent illegality: Allahabad High Court

“The Statehas miserably failed to show any patent illegality warranting interference in appellate jurisdiction. Mere allegation would not suffice until and unless it stands substantiated from the pleading and the records.”

Case Briefs High Courts

Removal of minor daughter from father’s custody by mother without consent; Bombay HC directs repatriation of daughter to USA with her father

The Court said that when confronted with a question pertaining the custody of a minor child, the Court as parens partriae, should not decide on the consideration of the legal rights of the parties, but on the sole and predominant criterion of the child’s best interest and welfare.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Purchasing coal from coal companies for reselling to consumers is not taxable service under Finance Act,1994: CESTAT

The Tribunal opined that once the coal companies have charged sales tax/VAT at the appropriate rate on the sale of coal to appellant and in turn, appellant has charged sales tax/VAT to the consumers of coal, the transaction is one of sale/purchase and not of rendering service.

Case Briefs High Courts

Contempt of Court | MP High Court imposes ₹1 lakh cost on news editor for vilification of a sitting judge in a 2011 news report

Madhya Pradesh High Court stated that despite opportunities, the respondent failed to offer a genuine apology or show remorse for his actions.

Case Briefs High Courts

‘Throwing 13-month-old child on floor’ in courtroom: MP High Court rejects application for FIR quashment in light of serious allegations

Madhya Pradesh High Court stated that “throwing a 13-month-old child on the floor by itself would amount to an attempt to murder and throwing a paperweight towards his head would further aggravate the situation.”

Case Briefs High Courts

‘Objective of AAI (Leave) Regulations, 2003 is not to curb population’; Bombay HC directs AAI to grant maternity benefits to employee for third child

The respect and protection of a woman and of maternity should be raised to the position of an inalienable social duty and should become one of the principles of human morality.

Case Briefs High Courts

[SPARX v HRX] Delhi High Court refuses injunction against Hrithik Roshan’s XS Brands Consultancy for using mark ‘X’

Plaintiff’s X mark is derived from their ‘SPARX’ logo and has been used in a standalone form in relation to its footwear products sold under the ‘SPARX’ brand. Plaintiff’s grievance is against the defendants who started using defendants’ X mark, which was deceptively similar, for footwear as well, being identical goods.

Case Briefs High Courts

Husband cannot be allowed to play with the dignity of his wife at his own will; Patna High Court denies anticipatory bail to husband

Shariat law permits Muslim to contract more than one marriage, but it must be borne in mind that merely because an act was lawful, it did not per se become justifiable in married life. Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to the first wife.

Case Briefs High Courts

Karnataka HC directs Bar Council of India to update its website to reflect the current status of affiliated law colleges/universities

The Court was perusing a writ petition filed by BMS College of Law wherein they had submitted that BCI’s website was not updated regarding the College’s current affiliation status.

Case Briefs High Courts

MP High Court issues notice to Kareena Kapoor Khan for use of word ‘Bible’ in her pregnancy book’s title

Whether the use of the word “bible” in the title of Kareena Kapoor Khan’s book constitutes an act that offends religious sentiments, specifically those of Christians?

Case Briefs High Courts

[Aaj Tak Sting Operation] Certificate under Section 65B can be filed subsequently to ensure fair trial: Delhi HC remands matter back to Trial Court

“In criminal trials certificate in terms of Section 65-B of the Act is to filed before commencement of the trial. However, the Trial Court, in its discretion, after examining any application by the prosecution under Sections 91 or 311 CrPC or Section 165 of the Evidence, may permit production of such certificate at any stage of the trial if no irreversible prejudice is caused to the accused”