Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Condonation of Delay] Filing of claim under wrong category is not substantial ground for condoning delay: NCLAT

The NCLAT rejected an application seeking Condonation of Delay of 49 days (about 1 and a half months) on the ground of want of sufficient cause.

Case Briefs International Courts

Singapore International Commercial Court| Refusal to grant extension after repeated non-compliance, does not amount to breach of Natural Justice

“Acausal nexus must be established between the breach of Natural Justice and the award made. An inquiry should be made as to whether the breach was merely technical and inconsequential or whether it has resulted in denial of benefit to the Tribunal to decide on crucial evidences.”

Case Briefs High Courts

Husband-Wife crossed point of ‘No Return’; Gujarat HC upholds Divorce on grounds of Desertion and Cruelty by Wife

The Court said that the parties had reached a stage from where they cannot reconcile themselves, bury their differences and live together forgetting their past as a bad dream.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can deemed dividend be taxed in the hands of non-shareholders? ITAT answers

In terms of Section 2(22)(e) of the Act, treating the loans and advances received by concerns, in which shareholders of the company giving loans and advances had substantial interest, qualified as “deemed dividend”

Case Briefs High Courts

‘Plea of preference to females has no meaning when assessment of other candidates not done’; Patna High Court quashes appointment of librarian

When assessment/marking/evaluation of the candidates have not been done by the Interview Board/Selection Committee of the respective inter se merit of the candidates, the plea of preference has no meaning.

Case Briefs High Courts

[Custodial Death] Delhi High Court upholds conviction of police officers for causing death of a 26-year-old boy accused of robbery

The Supreme Court in State of M.P. v. Shyamsunder Trivedi, (1995) 4 SCC 262 observed that, it would be police officials alone who can only explain the circumstances in which a person in their custody had died.

Case Briefs High Courts

[Adipurush Controversy]: Will I&B Ministry take steps in public interest by invoking revisional power under Cinematograph Act; Allahabad High Court asks Centre

Allahabad High Court has also allowed an application requesting the inclusion of Manoj Muntashir Shukla, the dialogue writer of ‘Adipurush’, as a party in the case and issued notice to him.

Case Briefs High Courts

[Section 498-A] Gujarat HC quashes FIR against 86 years old mother-in-law

The Court said that Section 498-A is being rampantly misused by the complainants and all the family members are roped in the complaint only with a view to harass them.

Case Briefs Supreme Court

Explained| Existence & Validity of Arbitration Agreement: Scope of Referral Court’s jurisdiction at the Pre-referral stage

In the case at hand, the Delhi High Court had referred the disputes for arbitration without conclusively deciding the issue of the existence and validity of an arbitration agreement and had left it to be decided by the arbitral tribunal.

Case Briefs High Courts

[Stay on Look Out Circular] Bombay High Court reprimands party for finalizing itineraries before seeking Court’s leave

The petitioner had to travel to the USA and London to attend a conference and travel arrangements were already made for other attendees.

Case Briefs High Courts

Inter-Faith Marriage by Major Daughter with her own Free Will; Gujarat HC rejects Habeas Corpus plea by Mother

The Court said that it cannot be concluded that the petitioner’s daughter was abducted against her will and that she was being illegally confined.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Transition between the parties should be direct to construe the debt as ‘Financial Debt’ under Section 5(8) of the IBC: NCLAT

Amount taken by the Directors of the Corporate Debtor in their personal capacity cannot be construed as ‘Financial Debt’ under S. 5(8) of the IBC.

Case Briefs High Courts

Whether bar contained under S. 80 of Arbitration Act in selection of forum for arbitration applicable to MSMED Act? Allahabad HC answers

Allahabad High Court said that the MSMED Act, 2006 is a special law and in view of Section 24 the discretion given to Council for selecting the forum of arbitration between the parties has an overriding effect and therefore, at the stage of selection of forum for arbitration by the Council the prohibition contained in Section 80 of the A&C Act will not be applicable.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Loan settled but account frozen for outstanding amount; NCDRC directs HSBC to pay compensation of Rs 15 lakhs for deficiency in services

NCDRC held the HSBC officials negligent and deficient in service entitling the complainants to compensation for unwarranted humiliation, embarrassment and loss of reputation.

Case Briefs High Courts

‘Not rarest of rare case’; Delhi High Court commutes death sentence of man for kidnapping and murder of 12-year-old

Though causing death of someone in itself is perversity, however causing death by smothering and inflicting injuries by jack handle though opined to be consistent with intense torture, cannot be held to be a diabolic or seriously perverse manner of committing murder so as to shock the collective conscience of the society and fall in the category of rarest of rare cases.

Case Briefs High Courts

4 months’ illegal detention by police; Jharkhand High Court directs State to pay compensation of Rs 5 lakhs

Jharkhand High Court commented that the State Police’s lackadaisical attitude to arrest anyone and put him in custody made the petitioner suffer humiliation, who was having a bright career and completed SSC exam.

Case Briefs Foreign Courts

[Boeing 777-212] Singapore Court of Appeal explains role of Courts in evaluating factual vis à vis expert evidence for calculating damages

CoA dismisses appeal against SICC Judge’s decision regarding the calculation of damages for breach of an aircraft purchase agreement.

Case Briefs High Courts

Gujarat High Court issues Notice to State Government and Junagadh Municipal Corporation on plea Opposing Demolition of Dargahs

The petitioner was aggrieved by the illegal and unconstitutional demolitions, contrary to the provisions of the GPMC Act, the Waqf Act, 1995 and the Places of Worship (Special Provisions) Act, 1991.

Case Briefs High Courts

Delhi High Court suspends 10-year sentence of a Zimbabwean lady in a narcotics case due to lack of compliance of provisions

The Standing Orders ought to be respected by the investigating agencies and non-compliance of those Standing Orders may naturally invoke a reasonable doubt relating to the process of sampling which is the most critical procedure to be carried out to ascertain the nature of the substance and its quantity.

Case Briefs High Courts

Gujarat High Court quashes Order cancelling firm’s GST Registration for serving cryptic and vague Show Cause Notice

The Court granted liberty to the respondent authorities to issue fresh notice, including the detailed reasons and thereafter to provide reasonable opportunity of hearing to the petitioner.