Case Briefs Archives

Once plaint is returned for lack of pecuniary jurisdiction, suit proceeds de novo; Earlier pleadings and evidence are non est: J&K and Ladakh HC

“Once it is concluded that the initial proceedings were held before a court that lacked jurisdiction, the written statement and other evidence that may have been led by the parties before the said court become non-est in the eyes of law.”

Case Briefs High Courts

Bar Association Not ‘State’, No Writ of Mandamus maintainable for alleged trespass in Court Chamber: Delhi High Court

“Bar Association is a body of private individual lawyers and in normal discharge of its functions, it does not perform any function which can be said to be a public function”

Case Briefs High Courts

Bombay High Court: Major victim cannot be detained in protective home against her wish; Detention under Immoral Traffic (Prevention) Act unsustainable

“Mere fact that the victim was alone, by itself, could not have been a justifiable ground to detain her in a protective home.”

Case Briefs High Courts

Delhi HC refuses interim relief against IRCTC’s termination of catering contract; cites multiple passenger complaints and unsatisfactory service

“There are multiple complaints of over-charging, service quality, hygiene, food quality, etc. against the appellant, which presents a troubling state of affairs as regards the on-board catering services being offered by the appellant on the subject train.”

jurisdiction to investigate Prevention of Corruption offences

Case Briefs Supreme Court

State Police or its specialised agency can investigate Prevention of Corruption Act offences against Central Government Employees: Supreme Court

“The Vigilance and Anti-Corruption Bureau (VACB) is also a wing of State Police. The offences under the PC Act are also cognizable and can, therefore, be investigated by the State Police or VACB.”

doctor's prosecution without obtaining competent medical opinion

Case Briefs High Courts

Medical negligence cases should be referred to doctors’ board for independent & competent opinion: Punjab and Haryana HC quashes complaint against practicing doctor

The Professor of Surgery who was supervising the treatment of the victim deposed in his sworn deposition that it was not a case of negligence on the part the doctor who had operated her.

Case Briefs High Courts

Delhi High Court dismisses Somnath Bharti’s Election Petition; Non-joinder of alleged corrupt candidate held fatal and incurable

“If the ROPA itself mandates that non-joinder of a necessary party leads to dismissal of an election petition, the Court cannot use CPC provisions to cure that defect.”

Case Briefs Supreme Court

Wait-listed candidate has no vested right to appointment beyond the statutory life of reserve list: Supreme Court

“The judiciary would do well to remain circumspect of these practical realities, and interpret service rules in a manner that furthers the very object of a selection process, that is, the selection of the most suitable candidates from suitable candidates for appointment in a timely manner.”

Case Briefs High Courts

Forcing an arrestee to strip, photographing him/her and circulating images is institutional humiliation; direct assault on human dignity: Rajasthan High Court

“The right to dignity does not evaporate upon arrest. Even a person accused of an offence continues to be clothed with basic human rights.”

Case Briefs District Court

Inconsistent and uncorroborated witness testimonies fatal to prosecution: Tis Hazari Court acquits accused under Sections 509, 506 IPC

“The lack of clarity with respect to the actual place of occurrence of the alleged incident along-with lack of specific allegations in testimony cast serious doubt over the case of prosecution.”

Suspension invalid if not reviewed within 90 days

Case Briefs High Courts

Suspension becomes invalid if not reviewed within 90 days as per Rule 10(6) of CCS(CCA) Rules; Subsequent review cannot revive it: Himachal Pradesh HC

“As per Rule 10(7) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the order of suspension made or deemed to be made would not be valid after a period of 90 days unless it was extended after review for a further period of 90 days.”

taxability of share substitution in amalgamation

Case Briefs Supreme Court

Supreme Court clarifies when share substitution on amalgamations is taxable under S. 28 Income Tax Act

Business profits must be concrete and commercially realisable, not mere paper adjustments. In amalgamation, substitution of shares that yield realisable assets of definite value constitutes taxable income under Section 28 of Income Tax Act, 1961, guided by the doctrine of real income to tax genuine gains while avoiding illusory ones.

Copyright Termination restores Worldwide Rights

Case Briefs Foreign Courts

US Court of Appeals Fifth Circuit affirms: Termination of copyright assignment restores not just U.S., but worldwide rights

The dispute concerns ownership of the copyright in the song “Double Shot (Of My Baby’s Love)”, authored in 1962 by Cyril E. Vetter and Donald Smith in Baton Rouge, Louisiana.

Case Briefs High Courts

‘Bodily freedom recognized even in a marriage’: Gujarat HC refuses anticipatory bail to husband accused of sexually assaulting wife

“Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act.”

Case Briefs High Courts

Madras High Court dismisses appeal against Controller’s order, finds Flipkart’s patent novel and inventive

“The entire case of Flipkart rested on the ground of lack of novelty and inventive features in the invention of the patentee.”

aluminium shelves classifiable as structures

Case Briefs Supreme Court

Aluminium shelves used for growing mushroom classifiable as ‘aluminium structures’, not ‘parts’ of agricultural machinery: SC

When interpreting a tariff heading involved in a classification dispute, the tribunal or court may need to invoke and rely on the common or trade parlance test to understand the meaning and scope of the terms used in that tariff heading.

Case Briefs High Courts

Delhi High Court dismisses election petition challenging Manish Sisodia’s 2020 Patparganj Assembly Win

“An election petition involves judicial interference with the electoral process and, consequently, with the mandate of the people. For this reason, the provisions of the Act must be construed strictly.”

Case Briefs High Courts

Mere statement of aggrieved person disclosing prima facie ingredients of the offence sufficient to sustain charges under SC/ST Act: Kerala HC

“Just because the witnesses’ statements do not disclose any overt act, that by itself would not be a ground to discharge the accused as law does not insist plenty of witnesses to prove an offence and the evidence of a solitary wholly reliable witness would suffice the purpose.”

Case Briefs High Courts

Madras HC: Single appeal maintainable against common judgment in suit and counter-claim, provided proper court fee is paid

“A prior purchaser not impleaded in a suit for specific performance cannot seek cancellation of the decree but is entitled to a declaration that such decree is not binding on him, along with the consequential relief of injunction.”

Limitation Act computation in contractual termination

Case Briefs High Courts

Orissa High Court bars application of Limitation Act computation method to contractual termination clauses

“Whether the termination would take effect from a particular date has no nexus to the period provided for issuance of the notice.”