Case Briefs Archives

Delhi High Court directs Indian Coast Guard to make a seat available to the non-merit candidate in the interest of justice

Delhi High Court observed that the petitioner’s strong determination to join the Force is established by the fact that he lost 15 kg in 42 days with utmost dedication to qualify the Stage IV i.e. Medical and was declared successful.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Application under Section 9 of the IBC is not maintainable in absence of strict proof of Debt and Default: NCLAT

“The Proceedings under the IBC, 2016, are summary in character and a trial is not conducted, like that of ‘Civil’ matter, before the ‘Competent Civil Court’.”

Case Briefs High Courts

Objective of Section 125 CrPC to ameliorate sufferings of destitute wives, children; technicalities have no place in maintenance cases: Kerala High Court

“The attempt should be to assimilate the required details and reach the correct conclusion at the earliest, rather than mulling over mundane objections.”

Case Briefs High Courts

District Court must examine whether pre-deposit of 75% of award under Section 19 of the MSME Act is actually deposited: Himachal Pradesh High Court

Himachal Pradesh High Court set aside the impugned order and directed the District Court to decide the matter afresh.

Case Briefs Supreme Court

Inter-faith couple, live-in relationship and Section 376 of IPC: Supreme Court grants bail after 9 months’ jail

Supreme Court also considered the fact that the inter-faith couple had jointly approached the High Court seeking police protection.

Case Briefs High Courts

Madras High Court directs State Transport Corporation to reinstate bus conductor terminated due to non-issuance of ticket

Madras High Court stated that the punishment given is grossly disproportionate to the offence and it has shaken the conscience of the Court.

Case Briefs High Courts

Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji’s wife against his arrest by ED: Decoding Justice D. Bharatha Chakravarthy’s opinion

This report provides Justice D. Bharatha Chakravarthy opinion in the Habeas Corpus plea.

Case Briefs High Courts

“Wife is not supposed to sit idle and seek entire maintenance from her husband”; Karnataka HC rejects petition challenging reduction of maintenance

In absence of any explanation suggesting that the wife was incapable of working again, the Court stated that she is legally bound to meet her own expenses and should only seek supportive maintenance from her husband.

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Arbitration Proceedings’ and ‘IBC Proceedings’ cannot go on together; NCLAT upholds NCLT’s order rejecting Section 9 application

NCLAT held that an application preferred under Section 9 of the IBC for implementation of an Arbitral Award is not maintainable.

Case Briefs High Courts

Delhi High Court dismisses PIL seeking quashing of RBI notification regarding withdrawal of 2000 banknotes from circulation

Delhi High Court observed that the decision is not to demonetize Rs. 2000 bank notes but only a direction to the banks to desist from issuing Rs. 2000 denomination notes to its customers and to ensure that no withdrawal of Rs. 2000 denomination notes is allowed from the banks holding currency chest.

Case Briefs Supreme Court

Supreme Court orders expeditious completion of HSSC 2006 recruitment to the posts of Art & Craft Teachers

The Supreme Court clarified that appointments made after the instant judgment would be limited to vacant posts notified under communication of 2006 and could not be extended to vacancies which arose thereafter.

Case Briefs High Courts

Orissa HC upholds conviction of a Tantrik for Raping and Trafficking Minor Girl

The Court said that the Trial Court had rightly convicted the appellant under Sections 366, 376(2)(n), 370-A and 506 of the IPC, as it was successfully established by the Prosecution that the victim was a minor and the statement of the victim was clear, cogent, trustworthy.

Case Briefs High Courts

‘Trial Court got swayed by crime of patricide’; Punjab and Haryana High Court acquits daughter in 20-year-old case

The daughter was 16 years and 4 months old studying in class 11 when she allegedly witnessed her father being shot with a gun by two people, then herself being fastened with the charges of killing her father.

Case Briefs High Courts

[West Bengal Panchayat Election 2023] Calcutta High Court passes an interim order to stay CBI probe in nomination paper tampering case

Calcutta High Court in an interm order stayed the CBI probe till the final order.

Case Briefs High Courts

Delhi High Court restrains Glemark Pharmaceuticals from using “INDAMET” mark; grants injunction to Sun Pharma for its mark “INSTAMET”

The two competing marks “ISTAMET” and “INDAMET” are clearly structurally and phonetically similar, and when seen from the eyes of consumer of average intelligence having imperfect recollection, there are high chances of confusion and deception. Confusion surrounding the mode of administration of a drug can lead to misuse and potential health risks.

district consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

District Consumer Court directs Qatar Airways to compensate a High Court Judge for denying him permission to board the plane despite having boarding pass

DCDRC directed compensation of Rs. 7 Lakhs for causing hardship and mental agony to Justice Bechu Kurian Thomas, due to deficient services on part of Qatar Airways in 2018 when he had planned a trip to Scotland with his friends.

Case Briefs High Courts

Gender cannot be a ground for bail when the alleged offence is grave in nature; Karnataka High Court dismisses bail petition

The Court was considering a bail petition wherein the petitioner was accused of murdering her husband.

Case Briefs Supreme Court

[Raw Pet-Coke Allocation]: Supreme Court dismisses appeal by Sanvira Industries against Delhi HC’s Decision

The allocation of quantities of Raw Pet-Coke (‘RPC’), a residue of the leftover from the refining of petroleum products and sand crude as well as other heavy oils was in issue in the present appeals.

Case Briefs High Courts

Read why Madras High Court stayed Single Judge’s order directing Madras Bar Association to pay Rs. 5 lakh compensation for discriminating against non-member

The Court only expressed its prima facie view and final orders in the writ appeal on merits will be passed after hearing the parties in full, uninfluenced by any of the observations made in this order. Therefore, the Senior Advocate was not prevented from placing his contentions to sustain the order of the Single Judge at the time of final hearing.

Case Briefs High Courts

Himachal Pradesh HC seeks response from Union on its intention to ensure that NHAI officials do not permit muck dumping in forest areas and water bodies

Himachal Pradesh High Court remarked that merely paying the concession to the State on account of illegal dumping won’t dissolve the muck and disappear it in the air.