Case Briefs Archives

TN Online Gaming Act applies only to games of chance and not games of skill : Madras High Court

The impugned Act can only apply to games of chance and not games of skill. Hence, the Act in its entirety, need not be held to be ultra vires

Case Briefs High Courts

Delhi High Court directs GNCTD to operationalise Online Single Window System portal for faster lawyer bill clearance

As submitted by IT Team of the Law Department, the OSWS software has a built-in timeline and the maximum time within which the memos can pass through each level of officials, on the said web portal is between 3 to 7 days and the overall timeline for clearing of the bill would, therefore, be no more than 20 to 25 days.

Case Briefs Supreme Court

‘Special Benches, Suo Motu cases’; SC issues guidelines for HCs for expeditious disposal of criminal cases against MPs and MLAs

The figures show that there are as many as 5,175 subject cases against elected MPs/MLAs pending as of November, 2022. Of these, cases that are pending for more than 5 years are as many as 2,116, which figure is more than 40% of such pendency.

Case Briefs High Courts

Mother cannot be discriminated, as far as maternity leave is concerned; Rajasthan HC grants maternity leave to surrogate mother

“No civilization could have passed without recognizing the power of mother and often figuratively projected her as Goddess. A child born to a family sees the world first through the eyes of his or her mother and develops his or her skills through the vision of the family.”

Case Briefs Supreme Court

Supreme Court suggests amending Supreme Court Rules to include E-Copies of Original Records to cut delays and adjournments

The Supreme Court deprecated the practice of depositions of material witnesses not being placed on record.

Case Briefs High Courts

Delhi High Court allows appeal by Patanjali Ayurved against Meta Platforms Inc in a trademark suit; Directs Trial Court to decide matter afresh

The grievance of Patanjali Ayurved is that a video has been uploaded by respondent on the internet platforms owned by Meta Inc. having an advertisement of mens undergarments, wherein Patanjali’s trademark along with pictures of its brand ambassadors and directors are shown used unauthorizedly.

Case Briefs Supreme Court

Judges not adhering to guidelines on maintenance given in Rajnesh v Neha: Supreme Court directs for re-circulation of judgment to Judges and Judicial Academies

Supreme Court said that the litigation which should close at the trial level is taken up to the Supreme Court and the parties are forced to litigate.

Case Briefs High Courts

Madras High Court grants relief to TNPSC aspirant who wrote “Jai Hind” while concluding her mains exam essay

“‘Jai hind’ or ‘victory to India’ is the most uttered slogan in India, whether it is at the end of the school prayers by children or at the end of a speech by eminent persons”

Case Briefs Supreme Court

Orders indicating steps for minimizing air-noise pollution binding on all States, even after festive season: Supreme Court

The instant application sought issuance of appropriate directions for the Rajasthan State and District Administration of Udaipur to take immediate steps to prevent air pollution in Udaipur city.

Case Briefs High Courts

Delhi High Court dismisses PIL seeking to formulate a policy for expeditious disposal of appeals within time limit under Section 250(6A) of IT Act 1961

As per an additional affidavit submitted, the CBDT has provided the way, in the past and future, pending appeals are to be dealt with and disposed of expeditiously as well as a road map to dispose of pending appeals.

Case Briefs High Courts

Delhi High Court directs Centre, MHRD, Government of Delhi to implement policies on ‘skill learning, vocational training’ for children with special needs in letter and spirit

“The implementation of the programme/policies lies with the respective State Governments in collaboration with the Union Ministries and as such the implementation of the policies is effectively in the domain of the Government of Delhi.”

Case Briefs Supreme Court

Supreme Court stays Calcutta HC order which restricted application filed under S.29A(4) of Arbitration Act after expiry of term of the Tribunal

Supreme Court issued notice in the present SLP and tagged it with SLP titled Rohan Builders (India) Pvt. Ltd. vs. Berger Paints India Ltd.

Case Briefs High Courts

Dowry Death by Suicide| Subjecting a woman to a life akin to a slave merely because of her marital status is an egregious injustice: Delhi High Court

The case at hand presents a tragedy, wherein the continuous demands of dowry made by the appellant pushed the deceased into a despair so profound that she felt compelled to take her own life. This serves as a reminder of how the forces of greed can often eclipse the sanctity of human life and the bonds of matrimony.

Case Briefs High Courts

Conviction for committing sexual offences no ground for denying benefit of furlough to an otherwise eligible prisoner: Delhi High Court

“Ironically, the concerned SHO in his report on one hand mentions that the petitioner’s behaviour is satisfactory, but in the same breadth, also mentions that he can have adverse impact on law, order and security in the area, without assigning any reasons.”

Case Briefs High Courts

Delhi High Court dismisses plea challenging appointment of Dr. Ishwarappa as Director of Morarji Desai National Institute of Yoga

“Petitioner has not provided evidence of such a nature that will compel the Court to override the presumption of regularity or question the legitimacy of Dr. Ishwarappa’s tenure as a Director of Morarji Desai National Institute of Yoga.”

Case Briefs High Courts

[Illegal Coal Levy Scam] ‘Actively participated in extortion racket, managed illegal cash’: Chhattisgarh HC denies anticipatory bail to alleged mastermind’s brother

“It is revealed during the investigation by Enforcement Directorate that the applicant is the brother and a close associate of the mastermind behind the present illegal coal levy scam and, is having strong links with politicians and businessmen in Chhattisgarh.”

Case Briefs High Courts

To what extent can Court interfere with arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996? Calcutta High Court determines

Calcutta High Court used the analogy of a doctor removing a poisoned leg to prevent the spread of poison throughout the body to illustrate the concept of severability in arbitral awards.

Case Briefs High Courts

Delhi High Court| Claim for refund of CENVAT credit cannot be negated in the absence of self-assessed return being questioned, reviewed or re-assessed

Unless the self-assessed return, as submitted had been questioned, re-opened or re-assessed and the assertion of the petitioner of the services rendered by it qualifying as an “export of service” questioned or negatived in accordance with the procedure prescribed under the Act, its claim for refund could not have been negated.

Case Briefs High Courts

Simple act of touch cannot be considered manipulation for penetrative sexual assault under POCSO Act: Delhi High Court

“Conviction can be made only on the basis of the testimony of the prosecutrix without any independent corroboration. However, in such case, the testimony of the prosecutrix has to be of a sterling quality.”

Case Briefs Supreme Court

Review Petition has limited purpose, cannot be allowed to be appeal in disguise: Supreme Court regurgitates law on scope of review

Supreme Court reiterated that a co-ordinate Bench cannot comment upon the judgment rendered by another co-ordinate Bench of equal strength and that subsequent decision or a judgment of a co-ordinate Bench or larger Bench by itself cannot be regarded as a ground for review.