Case Briefs Archives

Madras High Court upholds State Government’s power to appoint Public Prosecutors and Additional Public Prosecutors under S. 24 (6A) of CrPC

The petition was filed by an Advocate, challenging the appointment of Public Prosecutors / Additional Public Prosecutors in all District Courts within the territorial Jurisdiction of Madurai Bench.

Case Briefs High Courts

‘Advocates practicing in other states ineligible for post of District Judge’; Telangana HC upholds Rule 5(1)(a) of Telangana State Judicial (Service and Cadre) Rules, 2023

“The object of enactment of the Telangana State Judicial (Service and Cadre) Rules, 2023 is to recruit suitable candidates to Telangana State Judicial Service who are acquainted with the practice of local Courts in Telangana and have the knowledge of local laws.”

Case Briefs High Courts

Calcutta High Court dismisses Berger Paint’s trademark infringement plea against JSW Paints due to lack of deceptive similarity

The Calcutta High Court stated that Trademark dilution protects well-known trademarks from losing their appeal when used in connection with diverse and dissimilar products or services.

Case Briefs High Courts

Calcutta High Court upholds Kolkata Municipal Corporation’s authority to levy Stallage and related charges and penalties

The Calcutta High Court validated the demand notice based on the approved proposal in 2011 and upheld KMC’s power to levy stallage and fees.

Case Briefs High Courts

‘Collecting money ostensibly for charitable activity not permitted when foreigner comes to India on business visa’; Delhi HC upholds deportation of a US citizen

“Petitioner, a citizen of USA, had come to India under a valid visa and was deported from India by the Bureau of Immigration from Trivandrum Airport, Kerala on 28-11-2022.”

Case Briefs High Courts

Adjustment of entry tax paid on damaged cement against VAT liability not admissible under Bihar Entry Tax Act: Patna High Court

“If the goods are imported for any purpose other than consumption, use or sale within the State, then the importer has to prove how the goods imported were disposed of.”

Case Briefs High Courts

Karnataka High Court directs BBMP officials to implement systems like Digi-locker to credentialize documents issued by them

While considering a case of ascertaining veracity of a Katha certificate the High Court had to visit the BBMP portal to verify the details the details of the parties.

Case Briefs High Courts

Calcutta High Court upholds forfeiture of earnest money in e-auction sale dispute

The Calcutta High Court stated that the terms of the e-auction notice explicitly stated the conditions of the sale, including the forfeiture clause in case of non-compliance by the bidder.

Case Briefs High Courts

To constitute a valid service u/s 34(3) of A&C Act, a signed copy of Arbitral Award must be delivered to each party and not to their agent or lawyer: Delhi HC

“The expression ‘party’ as defined in Section 2(1)(h) of the Arbitration and Conciliation Act, 1996, clearly indicates a person who is a ‘party’ to an Arbitration Agreement and in no way includes the agent of the party to such Agreement.”

POCSO Trial Judge training Karnataka Judicial Academy

Case Briefs High Courts

Know why Karnataka HC recommended a Trial Court Judge to undergo training in Karnataka Judicial Academy vis-à-vis POCSO cases

The High Court was shocked to find that the Trial Judge have not understood properly what is meaning of the theory beyond reasonable doubt in appreciating the evidence in POCSO cases.

Case Briefs High Courts

Allahabad HC directs UP Bar Council to ensure that applications received for grant of license are subjected to police verification

“All the applicants, who may be facing criminal charges and/or may have been convicted are bound to inform the Bar Council at the stage of making their applications as to pendency of such cases and/or existence of any order of conviction”

Case Briefs High Courts

Delhi High Court instructs YouTuber Shyam Meera Singh to delete tweets against Dera Sacha Sauda head Gurmeet Ram Rahim

YouTuber Shyam Meera Singh had put up a video against Gurmeet Ram Rahim and further tweeted against him.

Case Briefs High Courts

Redemption and rehabilitation of prisoners must receive due weightage; Himachal Pradesh HC grants parole to convict for solving his personal and family issues

“Convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently during incarceration and show a tendency to reform themselves and become good citizens.”

Case Briefs High Courts

Calcutta High Court affirms constitutional validity of Section 16(4) of W.B. GST Act, 2017; Upholds denial of Input Tax Credit

Calcutta High Court rejected the appellant’s argument, affirming that the time limit under Section 16(4) restricts the entitlement under Section 16(2).

Case Briefs High Courts

‘Husband has not treated both wives equally as required under Islamic Law’; Madras HC upholds Family Court’s judgment granting dissolution of marriage

“Under the Islamic Law, the husband is entitled for Polygamous marriage, however, he has to treat all the wives equally”

Case Briefs High Courts

Calcutta High Court upholds rectification of initial pay fixation error under the Assured Career Progression Scheme

The ACP Scheme mandates upgradation to the next higher grade in the existing hierarchy and the petitioner, being a Constable, was entitled to the 1st ACP upgradation in the existing hierarchical pay scale.

Case Briefs High Courts

Penalty imposable under Section 56(4)(b) of Bihar VAT Act on account of clerical mistake in mentioning of invoice number in SUVIDHA form: Patna High Court

“Section 60(4) of Bihar VAT Act, 2005 enables a seizure of goods along with the carrier if the authority suspects the transport to be in contravention of the provisions of Section 60(2).”

Case Briefs High Courts

Karnataka HC quashes charges of criminal trespass and criminal intimidation against a father who tried to meet his daughter by entering in a garbage van

The High Court found that a father’s anxiety to meet his daughter was dubbed as criminal trespass and intimidation, however, these offences were loosely laid against the father.

Case Briefs High Courts

Notice under section 2(35) of Income Tax Act not served; Bombay High Court quashes prosecution against independent director

“Passing orders of issuance of a process without appreciating the statutory provisions and cautiously examining the material on record may put the wheels of criminal law in motion and summon an innocent individual to stand trial.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Arsenic and Fluoride in Groundwater| NGT directs various States, CGWB and MoEF&CC for urgent protective steps; rebukes CGWB for shirking away from its statutory responsibility

Arsenic has been detected in ground water in parts of 230 Districts and 25 States and fluoride in 469 Districts and 27 States.