Case Briefs Archives

Delhi High Court dismisses plea challenging dissolution of Maulana Azad Education Foundation

It cannot be said that the interest of the minority communities in their educational and welfare development is being hampered in any manner on account of the dissolution of the Maulana Azad Education Foundation.

Case Briefs High Courts

Delhi High Court refers dispute to Arbitration after finding service by email and WhatsApp sufficient

“The notice invoking arbitration sent to the same address was reported to have been delivered, but in the Speed Post report, by which the petition was sent to the address, it is stated that no such person is available at the address.”

Case Briefs High Courts

Inside Madras HC verdict declaring CBDT Circular giving differential treatment to new trust having provisional approval u/s. 80G as unconstitutional

Madras High Court said that irrespective of whether petitioner trust have or do not have any vested right to claim the extension, the classification done by CBDT through the Circular have no reasoning for leaving out the regular registration of newly provisionally registered trust under Section 80G of the Act in respect of new trusts.

Case Briefs High Courts

Assessing Officer to record dissatisfaction with correctness of claim of Assessee in respect of expenditure with cogent reasons: Bombay HC

Bombay High Court dismissed an appeal of Income Tax Commissioner to disallow expenditure amounting to 94 Crore u/s 14A of the Income Tax Act, 1961.

Case Briefs Foreign Courts

Singapore HC upholds Final Award in arbitral proceedings over sale and purchase of lab-grown gemstone jewellery company shares

The Court noted that, “To attract curial intervention, it must be established that the breach of the rules of natural justice must, at the very least, have actually altered the final outcome of the arbitral proceedings in some meaningful way”.

Case Briefs High Courts

Right to be identified by one’s name is fundamental to one’s identity as an individual: Delhi High Court

The Delhi High Court said that it cannot be hyper technical in such matters and start rejecting the prayer for correction of name merely because of a slight difference in spelling between “Shrivastav” and “Shrivastava”, and “Surendar” and “Surendra”.

Case Briefs High Courts

‘Hospitals can’t insist on police complaint as condition to provide medical care’: Bombay HC

“Grant of medical aid to any person is directly concomitant with the guarantees of Article 21 of the Constitution.”

Case Briefs High Courts

Delhi HC disposes of petition seeking directions to ensure personal data collected by foreign travel companies is kept confidential; grants liberty to approach UOI

Petitioner submitted that at least three major foreign travel companies, which are running their operations in India, are partially or fully owned by foreign investors, leading to concerns regarding potential misuse of citizens’ data.

Case Briefs High Courts

‘Treat plea as representation to include Ayurveda in Ayushman Bharat Scheme’; Delhi High Court directs Ministry of Ayush

The Ministry of Ayush in coordination with Ministry of Health and Family Welfare is already taking steps to include Indian Health Care System.

Case Briefs High Courts

Confiscation of goods cannot be done on estimates when option of physical verification is available; Allahabad High Court quashes order of confiscating stock and imposing penalty

“The burden of proof for confiscation of goods is on the Department and the procedure cannot be done merely on estimates when a physical verification can be carried out.”

Case Briefs High Courts

‘Fair and Handsome’ v. ‘Glow and Handsome’; Calcutta HC rules in favour of Emami in Passing Off Dispute Against Hindustan Unilever

Unfair advantage through conscious adoption of a competitor’s mark leads to potential confusion and deception”

Case Briefs High Courts

Delhi High Court restrains food outlets from using marks similar to “Domino’s”; directs Zomato, Swiggy to de-list them

The similarity extends to the use of these marks for identical goods and services, specifically, pizzas and their online delivery, highlights a systematic effort by Defendants 1 to 8 to mislead the public into believing that there is an affiliation or origin connection with plaintiffs.

chargesheet without FSL report entitle accused to] default bail

Case Briefs Supreme Court

Whether chargesheet filed without FSL report amounts to incomplete chargesheet and entitles accused to default bail? SC refers to larger bench

The matter has been placed before the Chief Justice of India for considering tagging it with Directorate of Enforcement v. Manpreet Singh Talwar [SLP(Crl.) No.5724 of 2023], wherein similar question is still pending before a three-Judge Bench of the Court.

Case Briefs High Courts

Madhya Pradesh High Court orders release of sealed EVMs for use in the Lok Sabha elections 2024

Madhya Pradesh High Court issued notice to Congress MLA and Leader of Opposition, Umang Singhar to respond to the allegations of adopting corrupt practices.

Case Briefs High Courts

Lying about educational qualification for marriage does not amount to offence under Section 420 IPC: MP High Court

Madhya Pradesh High Court held that no party can be allowed to assassinate the character of a person without any basis as it undermines the integrity of the legal process and individuals involved.

Case Briefs High Courts

Bombay HC allows acid attack victims to seek compensation beyond limitation period provided in Maharashtra Victim Compensation Scheme

Bombay High Court directed the acid attack victims to make an appropriate application within a period of four weeks from the date of this judgment.

Case Briefs High Courts

‘Orders passed by UK Court enforceable in India as per Sections 13, 44-A of CPC’: Delhi HC permits TWC Aviation Capital to inspect aircraft frames leased to SpiceJet

Keeping in view the principles of Comity of Courts and that a substantial sum of money is due from SpiceJet Ltd. to TWC Aviation Capital Ltd., the Aircrafts and the engines deserve to be secured.

Case Briefs Supreme Court

SC enhances Motor Vehicle accident compensation awarded by MP High Court; Says percentage of disability reduced on surmises & conjectures

“Compensation awarded under the head ‘loss of income’ towards permanent disability deserves to be enhanced by construing the whole-body disability at 17%.”

Case Briefs High Courts

[S. 115 CPC] | ‘The Pension Act, 1871 not enforced in Sikkim’; Sikkim High Court holds that claims to be made under State Pension Rules

The Court held that the Sikkim Government Pension Rules do not prohibit the revisionist from entering into a compromise deed with the respondent, therefore, the former is bound by the deed.

Climate Change Swiss Administration reduce greenhouse gas emissions

Case Briefs Foreign Courts

[Climate Change] Switzerland failed to comply with its positive obligations under ECHR Convention; Failed to reduce greenhouse gas emissions: ECHR

In a landmark ruling, the 17-Judge Grand Chamber of the Court found that there were critical gaps in the process of putting in place relevant domestic regulatory framework vis-à-vis climate change and that Switzerland had failed to meet its greenhouse gas emission reduction targets.