Case Briefs Archives

Maintenance cannot be denied solely because wife is leading modern lifestyle: Madhya Pradesh High Court

Madhya Pradesh High Court deliberated on whether morality could supersede legal provisions and questioned if leading a modern lifestyle could be deemed immoral.

Case Briefs High Courts

Union of India clarifies five percent IGST rate for import of dialysis machines in a petition before Delhi High Court

Respondents further submits that IGST rate of five percent is also applicable for “Artificial Kidney” and “Disposable sterilized dialyzer”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Interim relief to Deccan Charters; NCLAT stays Corporate Insolvency Resolution Process

The NCLT admitted Section 7 IBC application against the Deccan Charters, Air Charter Company over a default of approx. Rs. 9 Crore 82 Lakhs.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT seeks comprehensive plan from CPCB addressing Environmental Compensation Fund misuse and Health Hazards of Air Pollution

The National Green Tribunal expressed doubt about the permissibility and potential misuse of Environmental Compensation funds by CPCB, specifically for road construction by local bodies like GMC.

Case Briefs High Courts

Protestors hiding behind a shield of religious legitimacy by placing Guru Granth Sahib is no reason for State to not act against them: Punjab and Haryana High Court

“On account of handful persons sitting and blocking the road, inconvenience is being caused to the commuters and residents of the Tri-city and the misery is continuing.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT upholds Resolution plan and affirms parties’ right to seek redress for ‘reliefs and concessions’ in Competent Court

The NCLAT upheld the grant of reliefs and concessions regarding shared utilities and services in Resolution Plan to facilitate the smooth and successful implementation of the Resolution Plan.

Case Briefs High Courts

No bar on political parties under Articles 243-ZA or 243-R of the Constitution from contesting municipal elections: Delhi High Court

The backbone of the Indian democracy are the people itself, who go on to choose their representative by way of direct election.

Case Briefs High Courts

‘Hindrance to traffic, free movement of people not a ground to reject permission for conducting political rallies’; Madras HC allows BJP President JP Nadda to conduct rally from alternative route

Madras High Court directed the District Secretary to comply with the conditions imposed by the Election officer and Police, and all the parties were directed to ensure that the rally takes place peacefully without giving rise to any law-and-order problem

Case Briefs High Courts

Delhi High Court rejects VCK party’s petition to allot “POT” symbol for contesting 2024 General Elections

“Petitioner has simply mentioned the numerical number of constituencies it intends to contest without complying with the mandatory provisions of the Election Symbols (Reservation and Allotment) Order, 1968”

Case Briefs Supreme Court

Supreme Court allows husband’s plea for Potency Test on wife’s claim of his impotency

Supreme Court said that as the husband is willing to undergo potency test, the High Court should have upheld the order of the Trial Court to that extent

Case Briefs High Courts

‘Duty of prosecution to examine Magistrate who conducted TI parade’; Orissa HC acquits dacoity convicts after severe lapses

“Non-examination of the Magistrate strikes a severe blow not only on the prosecution’s case but also on justice as irregularities committed in TI parade cannot be canvassed and discussed by the Trial Court in his absence from the witness box.”

Case Briefs High Courts

Not providing food to married woman over dowry demands constitutes physical & mental harassment: Madhya Pradesh High Court

Regarding the timing of the FIR in relation to the divorce petition, the Madhya Pradesh High Court held that the pendency of a civil proceeding does not bar criminal proceedings.

Case Briefs Supreme Court

‘Voter’s right to know not absolute’; SC upholds Karikho Kri’s 2019 election from Tezu Assembly

“Not necessary for a candidate to declare every item of movable property that he or his dependent family members owns, such as, clothing, shoes, crockery, stationery and furniture, etc., unless the same is of such value as to constitute a sizeable asset.”

Case Briefs High Courts

[NH 39] Debarment/Blacklisting notice can cause civil death of business; following principles of natural justice a must: Delhi HC sets aside order declining suspension of debarment

Debarment encompasses a broader scope than termination, as it can prohibit an entity from entering into any contracts with a company altogether, rather than just ending one specific contract, as is the case with termination.

Case Briefs Supreme Court

‘Mere absence of motive does not impinge testimony of reliable eye-witness’; SC upholds conviction in 1993 day-light murder case

“The lack or absence of motive is inconsequential when direct evidence establishes the crime.”

Case Briefs High Courts

Bombay HC grants interim bail to accused; doubts compliance of law by police

The Court stated that the allegations against the police officers are serious, and the latter need to respond to them.

Case Briefs High Courts

‘AMUL’ has gained wide, comprehensive and nation-wide reputation; its protection transcends all classes having been declared a well-known mark: Delhi HC

“What is striking, in this case, is that Respondent 1 has produced no document whatsoever which would prove their use since 1957, as claimed.”

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC dismisses Government’s 2015 complaint vis-à-vis Lead content found in Nestle’s Maggie Noodles

The Commission noted that the scientific analysis and the clarifications issued by the Government itself did not indict Nestle India, therefore, there is no material to support the allegations made in the complaint so as to proceed any further.

Case Briefs High Courts

‘25% of net income of husband is just and proper as maintenance to wife’; Allahabad HC dismisses husband’s revision plea for alteration of maintenance

The proceeding u/s 125 CrPC. is summary in nature in which only prima facie it has to be seen that the applicant is the wife of opposite party. It is a social legislation enacted for protecting the wife, minor children, and parents of a person from vagrancy and destitution.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Undertake scheme for storm water drainage in Deoria’; NGT issues directions to prevent water logging and pollution while constructing drains

For the construction of drainage system, earth was excavated in violation of environmental norms causing pollution in Deoria.