Case Briefs Archives

Bombay HC upholds Caste Certificate issued by District Collector, Mumbai Suburban to a winning candidate in the municipal elections

The High Court was of the view that the petition was yet another attempt by a disgruntled candidate who had lost in elections against their rival.

Case Briefs High Courts

[Gang Rape] Baffling and mysterious as to why police did not collect CDR of victim; Delhi High Court acquits accused due to insufficient evidence

“Call Details Record of the victim would have reflected her location which could have even strengthened the case of prosecution but is not explicable as to why such valuable piece of evidence was not bothered to be collected. Thus, a golden opportunity went begging.”

Case Briefs Supreme Court

Supreme Court upholds Calcutta HC order issuing MR Distributorship license to National Consumers Co-operative Stores in West Bengal

Supreme Court has also vacated the stay order passed on 07-11-2023.

Case Briefs High Courts

Rajasthan High Court affirms constable recruitment candidature of woman rejected in PST due to height discrepancy; orders Rs. 1 Lakh compensation

Rajasthan High Court directed the respondents to pay compensation of Rs. 1,00,000 for the mental agony and litigation costs incurred due to the incorrect measurement of her height during the Physical Standard Test.

consumer complaint by company under Consumer Protection Act

Case Briefs Supreme Court

Can a company file a consumer complaint under Consumer Protection Act, 1986? SC clarifies

In the Consumer Protection Act, 2019, a body corporate was brought within the definition of ‘person’, indicating that the legislature realized the incongruity in the unamended provision and rectified the anomaly by including the word ‘company’ in the definition of ‘person’.

Case Briefs High Courts

Madhya Pradesh High Court denies bail to woman accused of extortion and filing false rape cases against multiple men

Madhya Pradesh High Court noted that the applicant has lodged 5 cases under Section 376 IPC against different persons including two cases against her husband.

Case Briefs High Courts

‘Pendency of a criminal case cannot be a ground to refuse renewal of passport’; Telangana HC directs renewal for a period of ten years

Respondent 2’s act is contrary to the procedure laid down under the Passports Act, 1967 and the principle laid down by the Supreme Court in Vangala Kasturi Rangacharyulu v. CBI, 2021 SCC OnLine SC 3549.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Merely shared management not enough to establish liability’; NCLAT finds claims against Corporate Debtor untenable

The NCLAT warned against manipulating the IBC for debt recovery purposes, as it would defeat the code’s purpose of rehabilitating Corporate Debtors.

Case Briefs High Courts

‘Role of Universities in affiliated colleges only supervisory; authority to determine factum of absence and admission cancellation with College Principal’: Kerala HC

“The University’s role in private College is to the limited extent to ensure that University regulations are followed or not. The University cannot assume the role of Principal and direct the College Principal to act on their direction.”

Case Briefs High Courts

‘Order not so perverse to shock the conscience of Court’; Delhi HC dismisses petition challenging award passed by arbitrator

“A perusal of the impugned order shows that the arbitrator has yet not fully closed the issue and has decided to adjudicate on the issue after evidence is led on the same issue.”

Case Briefs High Courts

Delhi High Court grants divorce to MasterChef Kunal Kapur on grounds of cruelty by wife

When such is the nature of one spouse towards the other, it brings disgrace to the very essence of marriage and there exist no possible reason as to why he should be compelled to live while enduring the agony of living together.

Case Briefs High Courts

Delhi High Court declares ‘HALDIRAM’ as “well-known mark” in respect of food items, restaurants, eateries

After considering the inventory of the infringing products and the conduct of defendants, the Court decreed the suit in favour of plaintiff for Rs 50 lakh on account of damages and Rs 2 lakh are awarded as costs.

Case Briefs High Courts

AAI, being an extended hand of GOI, has discretion in regularization and absorption matters: Rajasthan High Court

Rajasthan High Court held that contractual engagement does not confer a vested right of employment to workers engaged through placement agencies.

Case Briefs High Courts

Not justified to deny back wages on principle ‘no work no pay’; Allahabad HC directs payment of salary to employee after acquittal in criminal case

“The principle of ‘no work no pay’ could have been attracted if petitioner had enjoyed bail in criminal case and had not been merely kept under suspension.”

Case Briefs High Courts

Trivial domestic disputes do not necessarily constitute ‘Abetment to Suicide’: Madhya Pradesh High Court

Madhya Pradesh High Court noted that wife compelling the husband to do household chores, not preparing food on time, going to the market for shopping purposes, etc., are trivial dispute within domestic life.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CoCs cannot consider Resolution Plans from applicants not listed in Prospective Resolution Applicants’ List: NCLAT

NCLAT held that CoCs’ resolution not to consider Resolution Plans from additional new entrants rendered the NCLAT’s orders unsustainable.

dishonest intention in Sec. 415 and 420 IPC

Case Briefs Supreme Court

‘Dishonest inducement is sine qua non to attract Sections 415 and 420 of IPC’; SC quashes FIR against man in Rs. 16 crores cheating case

“For attracting the provision of Section 420 of the IPC, the FIR/complaint must show that the ingredients of Section 415 of the IPC are made out.”

Case Briefs High Courts

“None should suffer for the mistake of Law Publisher”; Karnataka HC sternly warns law publishers to be extra cautious while publishing statutes

The High Court warned that law publishers who fail to be careful while publishing statutory instruments, may end up inviting contempt proceedings in addition to being blacklisted from public tenders for supply of books.

Case Briefs High Courts

Bombay HC confirms death penalty awarded to a former murder convict, who killed his 5 family members

The High Court stated that the convict had taken innocent lives in an extremely barbaric, criminal, and heartless manner. His acts have shocked not only the judicial conscience but also the conscience of society.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT appoints amicus curiae for effective resolution of unauthorised encroachments on public parks in Ghaziabad

The National Green Tribunal deemed the personal appearance of authorised officers from Ghaziabad Municipal Corporation and Ghaziabad Development Authority necessary for the next hearing.