Case Briefs Archives

Duty drawback under Exim Policy to civil construction

SC upholds Karnataka HC’s decision granting 15% interest on belated refund of Duty Drawback to Civil Construction under Exim Policy 1992-1997

“The benefit of duty drawback would take effect from the date of enforcement of the Exim Policy and in case of belated refund of duty drawback, interest rate fixed by the Central Government at the relevant point of time is applicable”.

Case Briefs High Courts

Electricity Department cannot escape its responsibility of paying compensation to dependents of electrocuted victims by citing negligence on victim’s part: Chhattisgarh HC

“The law of limitation in India identifies the need for limiting litigation by striking a balance between the interests of the state and the litigant. So, when the beneficiaries, for a cause of action, are minors, it cannot be said that they are sleeping over their rights.”

Case Briefs High Courts

Parties conducting Inter religious marriage must ensure compliance of Ss. 8 & 9 of UP Prohibition of Unlawful Conversion of Religion Act: Allahabad HC

Allahabad High Court granted liberty to the petitioners to file a fresh petition after ensuring compliance of Sections 8 and 9 of UP Prohibition of Unlawful Conversion of Religion Act, 2021.

Case Briefs High Courts

CBI not totally exempted from RTI Act; Delhi High Court orders for disclosure of information in AIIMS corruption case

This is not a case where sensitive information has been collected by the CBI and the disclosure of which would be prejudicial for the officers involved. This is also not a case where information is so sensitive that it cannot be shared with the public at large.

Case Briefs Supreme Court

Inside Supreme Court verdict on importance of question of jurisdiction at the stage of granting interim relief

“No tribunal, far less a civil court, in exercise of judicial power ought to play ducks and drakes with the rights of the parties.”

Case Briefs High Courts

Unanimity on Questions of Law; differences on Questions of Facts: Division Bench refers matter to Calcutta High Court Chief Justice for resolution by third Judge

The Division bench agreed to the monthly occupation charges but disagreed on the time period for payment.

Case Briefs High Courts

‘Mere allegation that prosecutrix may be a member of gang of honey trapping, not sufficient to direct further investigation u/s 173(8) CrPC’; Delhi HC imposes Rs 20,000 costs

“The objective for ‘further investigation’ is to find the truth and bring evidence on record for ensuring substantial justice. However, this right does not extend to mere ‘reinvestigation’ or ‘fresh investigation’ to be started ab initio.”

Case Briefs High Courts

‘A mere undertaking does not create charge without transfer of interest’; Calcutta High Court dismisses application seeking rejection of plaint

Calcutta High Court stated that the defendant did not produce any documents to prove he has complied with his obligation under MOU, leading to its cancellation.

Case Briefs High Courts

Calcutta High Court upholds amendment to written statement under Order VI Rule 17 CPC, emphasising necessity for effective adjudication

The Calcutta High Court noted that the amendment did not change the suit’s nature fundamentally and would not cause undue prejudice to the petitioner.

Case Briefs High Courts

Bombay HC quashes Rs 150 bribe case against Primary School Junior Clerk for want of previous sanction under PC Act

Bombay High Court explained that the instant case did not pertain to defective sanction.

foeticide not ethical if no danger to carry on pregnancy

Case Briefs High Courts

Foeticide neither ethical nor legally permissible, if no danger to carry on with pregnancy with healthy and viable foetus: Delhi High Court

“If the petitioner is inclined to give the newborn child to adoption, then the petitioner is at liberty to approach the Union of India and the Union of India is directed to ensure that the process of adoption takes place at the earliest and in a smooth fashion.”

Case Briefs High Courts

Calcutta High Court modifies Special Referee’s report; determines Mesne profits and monthly rents based on Cost Inflation Index

Calcutta High Court held that based on the Lease Deed, the defendant’s possession after the original term was an extension, not a renewal, and a new lease document was not required.

Case Briefs High Courts

‘Scope of interference in arbitration award passed u/s 34, 37 of A&C Act is limited unless error appears on face of record’; Telangana HC dismisses appeal

“The expression ‘public policy’ is of wider amplitude and hence, where award passed by arbitral tribunal is against the terms of contract or against law of land for time being in force, such an award is against public policy of India and is liable to be set aside under Section 34 of Arbitration and Conciliation Act, 1996.”

Case Briefs High Courts

Calcutta High Court affirms rejection of Section 311 CrPC application due to bar on criminal revision under Section 397(2) CrPC

The Calcutta High Court observed that Section 311 of the CrPC provides wide discretionary powers to courts for summoning, examining, or recalling witnesses if their evidence is essential to a just decision.

Case Briefs High Courts

Securities Misappropriation | Calcutta High Court sets aside Magistrate’s orders on non-compliance of mandatory provision of Section 202 CrPC

“The compliance of provision under Section 202 of the CrPC, 1973, is compulsory and unavoidable for a Magistrate before issuance of summons in case of alleged offender who resides outside his territorial jurisdiction.”

Hiring motor vehicles and transfer of right to use goods

Case Briefs Supreme Court

When does hiring of motor vehicles give rise to transfer of right to use any goods and amount to sale under Art. 366 (29A) (d)? Supreme Court answers

“Clause 29A(d) of Article 366 of the Constitution of India refers not to the transfer of property in the goods to the buyer but to the transfer of the right to use any goods for any purpose for consideration.”

Case Briefs High Courts

Adulterous spouse is not equivalent to incompetent parent; extramarital affair of either spouse cannot be the sole reason to determine child’s custody: Delhi HC

“The relationship between the father and the mother as husband and wife may not have been of trust, faith and cordiality, but their relationship inter se cannot be held to be the determining factor for working out the custody plan of the children.”

Case Briefs High Courts

Read why Madras HC exercised its extraordinary jurisdiction to quash a sexual abuse case

It is not necessary for a criminal trial to go on just to dabble with an incident involving sexual abuse without identifying an accused. If this is allowed, the victim will be embarrassed and vilified, and the so-called accused person will go scot-free, since he has not been identified by anyone in this case.

Case Briefs High Courts

High Court’s jurisdiction specifically excluded under Section 35G of Central Excise Act: Jharkhand HC

Jharkhand High Court said that one of the issues involved relates to determination of valuation of excisable goods and/or rate of duty of excisable goods, amongst other things, for the purpose of assessment.

Case Briefs High Courts

[Arvind Kejriwal Defamation Case] ‘Retweeting’ a defamatory imputation amounts to ‘publication’ for purpose of S 499 IPC: Delhi High Court

Though every ‘retweet’ of defamatory imputation would ordinarily amount to ‘publication’ under Section 499 IPC, it is ultimately for the aggrieved person to decide as to which retweet caused more harm to his reputation.