Case Briefs Archives

NCLT restrains Byju’s from utilising funds collected on second rights issue until disposal of mismanagement petition

The NCLT ordered the respondents to maintain the status quo regarding existing shareholders and their shareholding.

Colourable devices cannot be part of tax planning; obligation of every citizen to pay taxes honestly: Telangana HC

The Court stated that due to the non-obstante clause in Chapter X-A i.e., the General Anti-Avoidance Rules (‘GAAR’), its provisions get an overriding effect over and above the other existing provisions of law.

Case Briefs High Courts

[ICC T20 World Cup 2024] Delhi High Court grants dynamic + injunction to protect broadcast rights of Star India

The Delhi High Court said that the dynamic nature of the digital landscape necessitates that court orders are not static but evolve in tandem with technological advancements and challenges posed by the virtual domain.

Case Briefs High Courts

Delhi High Court grants one month to Faizyab Masjid and Madarsa in Hazrat Nizamuddin to vacate the premises for demolition

Delhi High Court made it clear that no further extension of time shall be granted with respect to the masjid and madarsa since the property is required for public purposes.

Case Briefs High Courts

Bombay HC disallows prosecution of alleged affiliates of a banned organisation for MCOCA charges due to delay in taking of cognizance by Trial Court

The Court noted that cognizance of the offence was not taken by the Trial Court as stipulated by Section 2(d) of the MCOCA, therefore, the accused persons could not be prosecuted on the charges of S. 3 MCOCA.

Case Briefs High Courts

Delhi High Court directs stakeholder meeting to review purified drinking water facilities at Delhi University

It is imperative that a meeting be convened amongst all the stakeholders, i.e., Dean Student’s Welfare, Delhi University, Dean Faculty of Law and others to assess the facilities provided to the students with regard to the water coolers/provision for purified drinking water as well as the other infrastructural facilities including the availability of Wi-Fi services.

SC allows demolition of Pracheen Shiva Temple

Case Briefs Supreme Court

SC upholds Delhi HC decision allowing demolition of Pracheen Shiva Temple on Yamuna floodplains by DDA

The Supreme Court rejected to halt the demolition of the temple but clarified that the Temple Samiti was not precluded from pursuing its remedies before the High Court in the pending proceedings.

Case Briefs High Courts

‘Grave danger to mental health by continuation of pregnancy’: Bombay HC permits a 19-year-old woman to terminate twenty-five-week pregnancy

The Court stated that the petitioner was an adult and was entitled to her sovereign decisions for reproductive autonomy, and the views of her parents or of her partner were not relevant.

Case Briefs Foreign Courts

[Access to abortion pill Mifepristone] | SCOTUS unanimously dismisses challenge to FDA’s regulatory actions due to lack of locus standi

Several pro-life medical associations and doctors challenged the FDA regulations issued in 2016 and 2021 that ensured easy access of mifepristone for termination of pregnancy and sought a preliminary injunction for the FDA to rescind these regulatory actions.

Case Briefs High Courts

Mere sending notice u/s 21 of Arbitration Act not sufficient; receipt of notice is prerequisite for commencement of proceedings: Delhi HC

In the present case, the notice has not been sent to the complete address which results in incomplete service of notice.

Case Briefs High Courts

Uttaranchal HC directs Labour Commissioner to inspect all brick kilns to ensure minimum wages are being paid to workers

The Court directed the Labour Commissioner to ensure that the provisions of all Labour Welfare Legislations are also being complied with in respect of Brick Kiln workers.

Case Briefs High Courts

Delhi High Court remands patent application for Bifidobacterium longum for fresh consideration, due to insufficient examination of Novelty

Key issues under scrutiny include whether the properties attributed to this formulation of specific strain of Bifidobacterium longum are sufficiently distinct from prior art to merit patent protection and whether the claimed synergistic effects of the formulation demonstrate a significant technical advancement.

Case Briefs High Courts

‘Indulged into activity of inciting like-minded people to join them’; Bombay HC dismisses bail plea of three PFI members alleged to have conspired to transform India into an Islamic State

The Court noted that the appellants had participated in spreading hatred against the State and in spreading anti-national agenda through various means of propaganda including use of electronic media by creating WhatsApp groups and circulating messages detrimental to the interest of the nation.

Case Briefs High Courts

Delhi High Court rejects ISIS convict’s plea for concurrent sentencing based on principle of same transaction and totality of sentence

The Delhi High Court said that the impact of terrorist activities on society is profound and far-reaching, as these crimes can sow fear and insecurity among communities, as well as disrupt social harmony.

Case Briefs High Courts

Gujarat HC denies bail to Space Applications Centre’s employee accused of sharing sensitive information with woman in Pakistan

“Files / images which were forwarded by the applicant to a lady, who was stationed in Pakistan, were related to the Space Applications Centre, ISRO, Ahmedabad and these images were taken by the applicant without any authorization.”

Case Briefs High Courts

Preventive detention is justified only when an individual’s actions have potential to affect Public Order: Telangana High Court

There is a distinction between “Law and Order” and “Public Order”, i.e., offences that target specific individuals fall under the category of “Law and Order” and it is only when the criminal activities of an individual adversely affect the public at large that their conduct is deemed to disturb “Public Order”.

Case Briefs High Courts

Madras HC directs Senior Advocates to pay their Juniors monthly stipend of Rs. 15000 to Rs 20,000

“Why should our future Lawyers be made to undergo the same difficulties we encountered? Why can’t we come together to provide them with a safe and robust ecosystem? This should be the vision we must create for ourselves in today’s time and age”

Case Briefs Supreme Court

Compulsory acquisition of private property: Supreme Court outlines seven sub-rights of Constitutional Right to Property

“The seven sub-rights may be procedures, but they do constitute the real content of the right to property under Article 300A, non-compliance of these will amount to violation of the right, being without the authority of law.”

Case Briefs High Courts

Gujarat HC stays release of the movie ‘Maharaj’ on Netflix, featuring Amir Khan’s son, Junaid Khan

The film is based on the Maharaj Libel Case of 1862 rendered by English Judges and allegedly contains scandalous and defamatory language, which affects the Pustimargi sect as a whole.

Case Briefs High Courts

Non-Disclosure of petition cannot be termed as egregious fraud: Delhi High Court sets aside Commercial Court order for lack of merit-based analysis

The non-disclosure of the petition under Section 9 of the A&C Act in another matter cannot be termed as a case of egregious fraud, which would disentitle the appellant from pursuing its petition under Section 9 of the A&C Act