Case Briefs Archives

Know why Delhi High Court rejected Virtual Service PE to Clifford Chance under DTAA

“The words ‘within a Contracting State’ in Article 5(6) mandate a physical footprint and cannot be expanded to include virtual service permanent establishments.”

Case Briefs High Courts

Restraining entry in discharge of duty not Wrongful Restraint or Outraging Modesty; Delhi High Court quashes FIR against Security Guard

The Petitioners being Security Guards, had the bounden duty to ensure that no unauthorised person enters the office premises… act of restraining the Complainant for entering the Office for which she had no right, cannot be termed as an act of wrongful restraint.”

Magistrate's power to discharge at Section 251 stage

Case Briefs High Courts

Magistrate can’t discharge accused at Section 251 CrPC stage in Summons Case after issuance of summons: Delhi High Court

“Magistrate erred in discharging the respondents of the offence under Section 452 of the Companies Act at the stage of consideration on the aspect of service of notice of accusation under Section 251 of the CrPC.”

Independent satisfaction mandatory under Art. 311(2)(b)

Case Briefs High Courts

Independent satisfaction required for dismissal under Article 311(2)(b): Read Delhi HC ruling reinstating Deputy SP, CBI dismissed for illegal gratification

In the present case, a Deputy SP, CBI, was accused of demanding illegal gratification. He was placed under suspension, and disciplinary proceedings were initiated under Article 311(2)(b) of Constitution without a regular inquiry. Consequently, the Disciplinary Authority dismissed him from service.

Case Briefs High Courts

Inside Delhi HC Order: Piracy webites illegally streaming ‘Friends’, ‘Stranger Things’, ‘Batman’ taken down; Warner Bros wins Dynamic+ Injunction

“The need for immediate relief is particularly pressing in this case as the infringing websites are making available the plaintiffs’ copyrighted works, which could lead to significant financial losses for the plaintiffs.”

Case Briefs High Courts

“Forced unnatural sex by husband is cruelty under S. 498A IPC, not rape”: MP HC quashes Rape, Section 377 IPC charges

“Forced unnatural sex by a husband on his wife amounts to cruelty under Section 498A of the IPC, but cannot be prosecuted as rape under Section 376 of the IPC as in a Section 377 context, marital rape concept is not recognized under current law because of the express marital exception in Section 375.”

Case Briefs Supreme Court

Victim’s Age determination; ‘Romeo-Juliet clause’ to curb misuse: Inside Supreme Court’s important judgment on POCSO Act

The Court stated that POCSO Act is one of the most solemn articulations of justice aimed at protecting the children. Yet, when this legislation is misused, misapplied and used as a tool for exacting revenge, the notion of justice itself teeters on the edge of inversion.

Case Briefs High Courts

Delhi High Court declares ‘SOCIAL’ a well-known trade mark

“The recognition accorded to the SOCIAL mark by industry associations in India and consistent enforcement of the plaintiff’s rights in the mark before the Courts in India reinforces the mark’s distinctiveness and reputation.”

Case Briefs High Courts

Delhi HC slams Income Tax Department for 8-Year delay in Refund to Microsoft; orders refund of ₹5.37 Crore with interest

Income Tax Department officers’ “utterly negligent attitude” compelled the petitioner to approach the Court.

Case Briefs High Courts

Allahabad HC “shocked” at “widespread corruption’ as man manipulates DOB by 11 years; Directs registration of FIR

“The present state of affairs is shocking. The extent of fabrication of documents, which is directly the result of widespread corruption, is disturbing.”

Case Briefs High Courts

Jharkhand HC: Divorce granted as husband’s blackmail with objectionable photos and threats to upload them on social media amounted to mental cruelty

“Such intimidation and infliction of emotional and psychological distress using wife’s past history to blackmail itself constitutes mental cruelty.”

Case Briefs High Courts

“Shocking! Girls missing for 10+ years, Police unable to trace them”: MP HC pulls up SP, IGP for laxity in finding missing minor girls in MP

“It is really shocking that some of the girls are missing for the last more than 10 years, but still, police are not in a position to find out their whereabouts.”

insertion of father's name in son's school records

Case Briefs High Courts

“Biological father’s parental rights can’t be undermined due to matrimonial discord”: MP HC directs insertion of father’s name in son’s school records

“Parental rights of a biological father cannot be undermined at the altar of dispute between the couple. A child should not suffer the dispute, either emotionally or educationally/ socially.”

bail to father repeatedly raped his minor daughter

Case Briefs High Courts

“His right to earn livelihood cannot be curtailed”: Allahabad HC grants bail to father who repeatedly raped his minor daughter

“The conviction and sentence awarded to convict shall also remain suspended during the pendency of this appeal, since he is a Government servant and his right to earn his livelihood for survival cannot be curtailed because of implication in this case.”

Refund of amount deposited during investigation

Case Briefs Tribunals/Commissions/Regulatory Bodies

Authorities can’t have control over any amount paid as deposit or pre-deposit during investigation: CESTAT

CESTAT further held that amount deposited by assessee during investigation could not be retained after demand of excise was set aside.

proceedings against neighbour under S. 498-A IPC

Case Briefs High Courts

Stranger cannot be drawn into proceedings under Section 498-A IPC: Karnataka High Court quashed proceedings against neighbor

“Permitting further proceedings against the neighbor would become an abuse of the process of the law and result in miscarriage of justice.”

Case Briefs High Courts

‘Quasi-judicial authority has no power to review unless statutorily granted’: Patna HC reinstates Panchayat Teachers after 10 years

“The power of review being substantive in nature cannot be applied retrospectively to validate actions taken at a point of time when no such power existed.”

Case Briefs High Courts

Delhi High Court stays NHAI’s Termination Notice in Delhi-Mumbai Expressway Contract Dispute

The Court accepted the contention that encashment of insurance surety bonds aggregating to nearly ₹100 crores, prior to final adjudication, would result in grave and irreversible loss and injury.

Case Briefs High Courts

Jharkhand High Court quashes electricity duty on “net charges” for breaching constitutional limits and excessive delegation

“If electricity duty is charged on per cent of ‘net charges’ for energy consumed or sold, then similarly situated persons pay different duty depending on the distribution licensee, since the tariff fixed by the JSERC varies, which would amount to violation of Article 14 of the Constitution.”

Prolonged incarceration cannot entitle successive bail

Case Briefs High Courts

Prolonged incarceration cannot entitle allowance of successive bail: Punjab and Haryana High Court denied bail in SFIO investigation case

“A second/successive regular bail application cannot be rejected solely on the ground of maintainability thereof, but for such petition to succeed, the petitioner is required to show some substantial change in circumstances.”