Case Briefs Archives

Allahabad HC directs Commissioner to take suitable action against Police personnel involved in custodial violence of boy arrested for obstructing traffic

Allahabad High Court was not convinced with the version of the Police personnel, that such injuries on the petitioner’s skin occurred due to friction on the road when the Police personnel tried to pick him up and put him in the police vehicle.

Case Briefs High Courts

Archbishop Patriarch of Goa not ‘public authority’ under RTI Act: Bombay High Court

“The power to strike down offending law is a scalpel, not a machete.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

“‘Works Contracts’ leviable to service tax only from July 2012 onwards”; Customs, Excise & Service Tax Appellate Tribunal, Chennai

“After the insertion of Section 65B (54) in the Finance Act 1994, from 01-07-2012 onwards, the definition of ‘works contract’ was expanded to include repair and maintenance services of movable properties. Hence, the composite contracts for repair and maintenance of motor vehicles are leviable to service tax from said date.”

Case Briefs Supreme Court

Supreme Court Ruling on the Principles governing issuance of Writ of Certiorari: All you need to know

“The purpose of certiorari is only to confine the inferior tribunals within their jurisdiction, so as to avoid the irregular exercise, or the non-exercise or the illegal assumption of it and not to correct errors of finding of fact or interpretation of law committed by them in the exercise of powers vested in them under the statute”.

Case Briefs High Courts

“Absurd and improbable”: Calcutta High Court sets aside maliciously instituted criminal case with no sufficient grounds for legal action

While quashing the criminal proceeding filed against petitioners, the Calcutta High Court held that the same is lacking with substantial evidence and is institutes with malicious intent.

Case Briefs High Courts

Excessive drinking habit by the husband amounts to mental cruelty against wife and the entire family: Chhattisgarh High Court

“The concept of maintenance grant was to ensure that the wife and the children of the husband were not left in a state of destitution after the divorce .”

Case Briefs High Courts

Calcutta High Court allows termination of 25+ weeks pregnancy of a minor gang-rape survivor

Calcutta High Court commended the cooperation from all parties involved and expressed well wishes for the minor child’s future.

Case Briefs Supreme Court

Courts must look into attending circumstances with due care in cases based on ulterior motive for wreaking personal vengeance: Supreme Court

Supreme Court noted that there are multiple FIRs that have been registered over a period, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged.

Case Briefs High Courts

Misuse of Section 498A IPC has unleashed a new “legal Terrorism”: Calcutta High Court quashes criminal proceedings

While pointing out the misuse of Section 498A of the IPC, the Calcutta High Court quashed the criminal proceedings on the grounds of insufficient evidence and misuse of the law.

Case Briefs High Courts

Orissa HC quashes criminal proceedings against issueless woman accused of buying female infant

“Continuance of the criminal proceedings against the accused without any acceptable evidence would be a travesty of justice and an abuse of the process of the Court”.

Case Briefs High Courts

‘Certified copy’ of the original arbitration agreement suffice if duly stamped, declaration made and uncontroverted for the purpose of S. 11 Arbitration Act

The case relates as to how the statutory mandate under Section 11(13) of Arbitration and Conciliation Act, 1996 which aims at expeditious disposal of petitions under Section 11 of the Act, is harmonized with the obligation imposed vide the judgment N.N. Global Mercantile (P) Ltd. v. Indo Unique Flame Ltd, (2023) 7 SCC 1, to act in tune with the statutory dictate of the Indian Stamp Act, 1899.

Case Briefs High Courts

Delhi High Court| Importation of gold is a ‘prohibited item’ under Customs Act; Redemption/release subject to discretion of Adjudicating Officer

Importation of gold is a prohibited item within the meaning of Section 2(33) of Customs Act, and that redemption in case of importation of gold that is brought into India illegally in the form of ‘smuggling' does not entitle the owner or importer for automatic release/redemption of such item.

Case Briefs Supreme Court

Explained | SC sets aside Orissa HC’s order for extending superannuation age of CCRAS Research Assistant equivalent to AYUSH doctors

“While granting interim relief for continuation in service, the Court or Tribunal should, therefore, be slow and circumspect, unless prima facie evidence of unimpeachable character was produced because if the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service and merely caused injustice to his immediate junior”.

Case Briefs High Courts

Bombay High Court sets aside order for custody of a minor child back to biological parents; directs Trial Court to decide validity of adoption

The biological parents first decided to give their child in adoption due to the financial crisis during COVID-19 pandemic but decided to take their son back after discussion with their respective families.

Case Briefs Supreme Court

‘Court cannot modify arbitral award under Section 34 of Arbitration Act’: Supreme Court reiterates

The Supreme Court explained that the older Act enabled the Court to modify an award, a power which was consciously omitted by Parliament while enacting the 1996 Act, hinting towards exclusion of power to modify an award.

Case Briefs High Courts

Delhi HC directs ‘Organiser’ and ‘The Commune’ to remove offending article alleging sexual exploitation of nuns, Hindu women by a principal

“The fundamental right to freedom of speech has to be counterbalanced with the right of reputation of an individual. Good reputation is an element of personal security and is protected by the Constitution equally with the right to enjoyment of life, liberty and property and is a necessary element in regard to Right to Life.”

Case Briefs High Courts

Read why Allahabad HC dismissed Pawan Khera’s plea to quash criminal proceedings against him for ‘Gautam Das’ remark against PM Modi

Allahabad High Court reiterated that at the stage of issuing the summons to the accused based on the police report, the Magistrate is not required to record any reason.

Case Briefs High Courts

Orissa High Court orders CBI Probe into alleged manipulated JEE Score Card

“If the documents/ score card given by the candidate, downloaded from the website of the NTA, were genuine, then the candidate should get admission into his choicest institution of the country, like IIT or NIT. But, if the documents are found to be not genuine, then CBI should ascertain how the same was obtained by the candidate, so that such mistake cannot be made by the authorities in future.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT rejects Liquidator’s petition to retrieve Bank Guarantees/Fixed Deposit Receipts under IBC

NCLAT held that during the moratorium period under Section 14 of IBC, Customs Authorities are authorized to utilize Bank Guarantees and Fixed Deposits furnished against Zero Import Duty.

Case Briefs High Courts

Second wife though not legally wedded in a strict sense, is entitled for service benefits of deceased husband: Andhra Pradesh High Court

“Rule 50 of the Andhra Pradesh Revised Pension Rules, 1980 is with intend to give relief to the woman becoming wife. Under such circumstances, even the wife from the second marriage was made entitled for family pension.”