Case Briefs Archives

‘S 149(1) neither effaces nor removes the first proviso to S153C (1)’; Delhi High Court quashes notice u/S 148 of IT Act

In cases where a search is conducted after 31-03-2021, the first proviso to Section 153C (1) would have to be construed and tested as regards the date when the Assessing Officer decides to initiate action against the non-searched entity.

Case Briefs High Courts

Telangana HC refuses to quash FIR against Senior Advocate allegedly taking bribe to influence Judges due to pending investigation

The Court opined that the allegation that money is obtained to bribe the judges of this Court casts a serious doubt on the independence of judiciary and implies that justice is up for sale and such serious allegations need to be investigated.

Case Briefs High Courts

Delhi High Court upholds LOC against Businessman amid fraud investigation into Fortis Healthcare and Religare Enterprises

The petitioner is an Indian businessman and erstwhile billionaire with Fortis Healthcare, Religare, and Ranbaxy Laboratories, seeking permission to go abroad to attend the graduation ceremony of his two sons one on 01-07-2024 at Durham University and the other on 02-09-2024 at University College London.

Case Briefs High Courts

‘Sexual orientation an innate part of identity of LGBTQ+ persons’: Kerala HC upholds Right of choice and Right to live life of a queer woman

“Many LGBTIQA+ youth face familial rejection, often from an early age. This rejection can take a devastating toll on individuals and isolate them from physical, emotional and economic resources that are essential to their well-being. In such cases, it is important to recognise the family as a site of violence and control for many queer women, who they need protection from rather than any “guardianship”.

Case Briefs High Courts

Delhi HC directs Union to justify Non-Allotment of Housing Unit to AAP from General Pool Residential Accommodation

The Delhi High Court said that a huge pressure cannot be the only reason to deny Aam Aadmi Party its right to be allotted an accommodation for setting up its party office.

Case Briefs High Courts

‘Unlike enrolment fee, there is no statutory provision which prescribes any sum towards exam fee’: Madras HC dismisses plea to reduce AIBE fee

“A Writ of Mandamus can be issued only if the applicant can show the existence of a legal right.”

Case Briefs High Courts

‘Hotel’s legitimate expectation was not met’, Madras HC sets aside order rejecting SRM Hotel’s request for renewal of land lease on fresh terms

“SRM Hotels should have been given an opportunity to demonstrate that they and not TTDC are better equipped to run the hotel.”

Case Briefs High Courts

‘One year PG degree is valid for Government Service’: Madras HC directs TNPSC to appoint candidate as typist and to provide him all service benefits

“In the post of Typist where there are vacancies at any given time, the petitioner can be accommodated in any subsequent vacancy without the challenge being made to the selection and appointment of the next candidate and without dislodging the candidate who is selected in his place.”

Case Briefs High Courts

Manipur High Court set asides discharge order of accused involved in transnational drug trafficking syndicate; remands back for trial

The Court held that the trial court should not indulge in a detailed inquiry at the stage of charge framing but should only ascertain whether there are sufficient grounds to proceed based on the police report and prosecution documents.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CESTAT allows appeal by Hindustan Coca Cola Beverages challenging classification of ‘Minute Maid Nimbu Fresh’ as lemonade instead of fruit pulp or fruit drink

A show cause notice was issued to the appellant, to recover Central Excise Duty payable on the impugned product, during the period of April 2011 to August 2012, on the grounds that the appellant had misclassified the product as fruit pulp or fruit drink, instead of lemonade.

Case Briefs High Courts

‘Totally unjust to deny Sports Gradation Certificate’; P&H HC directs Department of Sports to issue Certificate to shooter seeking to take admission in Panjab University

The Court stated that the petitioner is needed to be treated as a class apart, for which provisions are made for the admissions in the academic courses and in the Government Departments for public appointments by keeping seats reserved under Sports Category.

Case Briefs High Courts

Patna HC rejects plea for anticipatory bail to police officials in the case of custodial death and alleged abuse of woman arrested without warrant

The Court opined that given the serious nature of allegations, petitioner(s) did not deserve the privilege of pre-arrest bail.

Case Briefs High Courts

[Train Accidents] | “Injury sustained while deboarding from the wrong train cannot be termed as self-inflicted injury”: Bombay HC

Setting aside the decision of the Railway Claims Tribunal and awarding compensation to legal representatives of the deceased the Court stated that a rash and negligent act cannot be equated with a criminal act resulting in self-inflicted injury and held that the injury sustained by the deceased was an ‘untoward incident’ as under Section 123(c)(2) of the 1989 Act.

Delayed reporting of seizure does not vitiate seizure order

Case Briefs Supreme Court

S. 102(3) of CrPC | Whether delayed/forthwith non-reporting of seizure to the Magistrate vitiates the seizure order? SC answers

“Section 102(3) was inserted by way of an amendment only in the year 1978, which reintroduced the reporting obligations of police officer to the Magistrate, as it originally existed in the 1882 Code. It also empowered the seizing officer to give custody of the seized property to any person, on such person executing a bond undertaking to produce the property before the Court as and when required.”

Case Briefs High Courts

Live-in-Relationship between married adult and unmarried adult is not in ‘nature of marriage’ giving rights to parties: Madras HC

Madras High Court has observed that by entering such a relationship, the appellant has committed an intentional tort, namely interference in the marital relationship with intentionally alienating him from his wife and children

Case Briefs High Courts

High Court was approached due to absence of Vacation Bench in TDSAT; Delhi High Court directs uninterrupted transmission of ‘TV9 Telugu Channel’

The writ petitions were filed by Associated Broadcasting Company Private Limited, who broadcasts the TV9 Telugu channel, against a Multi System Operator (MSO) and service provider under TRAI Act, 1997 alleging that the operator disconnected its channel without issuing the required disconnection notice.

Case Briefs High Courts

‘Non-litigating spouse is a competent witness for the other spouse who litigates’: Kerala HC sets aside Trial Court order

“The expression ‘competency of witness’ refers to the capacity, ability or qualification to give evidence in the Court of Law.”

Case Briefs High Courts

Allahabad HC grants bail to a man accused of rape; pulls up investigating officer for ‘poor quality’ of investigation

‘The D.G.P., U.P., Lucknow is directed to file affidavit enclosing the circulars related to the accountability of the Investigating Officer, Supervising Officer, Monitoring Officer and other higher officials, by the next date of listing’

Case Briefs High Courts

[Land Acquisition] Bombay HC directs Municipal Corporation to follow MRTP Act to acquire church’s land reserved for public purposes

The Court stated that until the Municipal Corporation resorted to appropriate procedure in law to acquire the disputed land, it should not disturb the peaceful possession of the Church in any manner whatsoever.

Case Briefs High Courts

[Organised Crime Syndicate] | Bombay HC upholds Trial Court’s order convicting construction contractor under MCOCA

The Court referred to Govind Sakharam Ubhe v. State of Maharashtra, 2009 SCC OnLine Bom 770, wherein it was held that the charge under MCOCA ropes in a person who as a member of the syndicate commits organised crime either individually or jointly.