Case Briefs Archives

Delhi CM House Renovation case: PWD engineers moves Delhi High Court against show cause notice issued by Vigilance Department; Court issues notice

As per reports, the case relates to alleged wasteful expenditure of almost Rs 53 crore on the renovation of Chief Minister Arvind Kejriwal’s official residence.¹

Case Briefs High Courts

Interest on delayed refunds to be calculated from the date of receipt of application under Section 11-B of the Central Excise Act, 1944: Delhi High Court

“A levy of interest on refund must undoubtedly follow where it was found that the amount has been unjustifiably retained or remitted with undue delay and thus, the respondents cannot be permitted to retain moneys which are otherwise not due or are otherwise liable to be returned.”

Case Briefs High Courts

Allahabad High Court imposes Rs. 10, 000 cost on CIT for passing order in violation of principles of natural justice

Allahabad High Court has said that notice under Section 263 was prepared and uploaded on 28-03-2022 and the same was received on the fixed date and the impugned order dated 31-03-2022 has been passed in gross violation of the principles of natural justice.

Case Briefs High Courts

Attempt to commit suicide and false allegations of illicit relationship, amount to mental cruelty: Delhi High Court reiterates

“False allegations of illicit relationship are the ultimate kind of cruelty as it reflects a complete breakdown of trust and faith amongst the spouses without which no matrimonial relationship can survive.”

Case Briefs High Courts

Delhi High Court denies interim injunction to Sun Pharma Laboratories for its drug ‘PANTOCID’

“Balance of convenience would, clearly not justify bringing the use, by the defendants, of the PANTOPACID mark to a complete halt, at this late stage.”

Case Briefs High Courts

“Shiver runs down the spine”; J&K and Ladakh HC upholds conviction and sentence of grandfather who raped his 1-year-old granddaughter

“Nothing has improved even after more than a decade of “Nirbhaya”. Women also have the right to life and liberty. They also have the right to be respected and treated as equal citizens. Their honour and dignity cannot be touched or violated”.

Case Briefs High Courts

Delhi High Court| Air India not ‘State’ under Article 12 after privatization; Employees of Air India Limited no longer fall within the domain of ‘public employment’

Under Article 226 of the Constitution of India, a writ cannot be issued against a Government- entity which has been subsequently privatized and no longer performs any public duty.

Case Briefs High Courts

Karnataka HC refuses to quash abetment to suicide case against manager and teammates accused of joking about their colleague’s sexual orientation

The Court emphasised that persons belonging to LGBTQ community should be treated with all the love and affection because sensitivity of them being ostracized already pervades in their psyche.

Case Briefs Supreme Court

Partition of Property may also be effected under a settlement or an oral understanding: Supreme Court

“There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law.”

Case Briefs High Courts

Read why Madras HC directed authorities to appoint candidate as police constable who was denied job over a criminal case

Madras High Court said that the authorities failed to consider that there are no other criminal antecedents against the petitioner and this particular crime has nothing to do with any criminal implication, as he had only exercised his fundamental right to protest by participating in the protest organized by his fellow students and it will not have any implication as to the nature of the job for which he has applied.

Case Briefs High Courts

Calcutta High Court restrains Irrigation and Waterways Department from encroaching private land

The Calcutta High Court ruled in favor of the petitioners, finding that the respondents had not acquired the land in question and issued a writ of mandamus to restrain the encroachment.

Case Briefs Supreme Court

“Election contest not an action at law or suit in equity, but a purely statutory proceeding; Election provisions must be strictly construed”: Supreme Court

“Where a right or a liability is created by a statue, which gives a special remedy for enforcing it, the remedy provided by the statue must be availed of.”

Case Briefs High Courts

Rajasthan High Court commutes death penalty of a man convicted for rape and murder of 4 and a half-year old girl

“The Trial Court has rightly convicted the accused and we do not find any illegality in the impugned judgment of conviction and therefore, the same deserves to be upheld.”

Case Briefs District Court

Wife earned 90 lakhs, husband employed in her firm earned 3.5 lakhs; Mumbai Court sets aside order granting maintenance to wife

The Court pin-pointed the huge difference in income of the husband and wife, and that there was no documentary evidence to support the wife’s claims of being indebted.

Case Briefs High Courts

Calcutta High Court upholds cessation of Letter of Intent due to unauthorized change in business structure

Calcutta High Court observed that the petitioner admitted the mistake of changing the business structure without obtaining prior approval.

Case Briefs High Courts

Mere absence of injuries cannot be a ground to hold that penetrative sexual assault did not take place: Delhi High Court

The Trial Court observed that the victim was very young at the time of the incident and minor contradictions could not be a ground to disbelieve her testimony.”

Case Briefs High Courts

Air India Limited being a private entity is no longer amenable to writ jurisdiction: Delhi High Court

“The writ petition, while initially deemed maintainable, has since become non-maintainable due to the privatization of Air India Limited. This development has rendered it beyond this Court’s jurisdiction to issue any writ, order, or direction against the respondents.”

Case Briefs High Courts

Lapsed acquisition notice yields compensation entitlement under 2013 Land Acquisition Act: Calcutta High Court

The Calcutta High Court held that since the acquired land had been used for public purposes, compensation under the Act, 2013 should be provided to the petitioners.

Case Briefs Supreme Court

Marine Hull Insurance Policy| Insurer not liable to reimburse loss upon Insured’s failure to comply with warranty class; SC upholds NCDRC order

Supreme Court said that when the defects are not intimated, and the warranty class has not been complied with, the Classification Certificate automatically becomes invalid.

Case Briefs High Courts

‘Labour Cess not leviable on supply of materials for contract distinct from civil works’; Jharkhand High Court concurs with Single Judge Bench

The Court viewed the levy on consultancy or supply to be a clear deviation from provisions of Cess Act.