Case Briefs Archives

[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.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC imposes a penalty of INR 1.5 crores against a hospital responsible for tragic mix-up of a sperm sample used during Intra-CytoplasmicSperm injection

While deciding upon the complaint, the NCDRC also made important observations on ethical questions surrounding Assisted Reproductive Techniques and urged the Government to bring out necessary regulations for safe ART procedures.

Case Briefs High Courts

[Explained] Allahabad High Court verdict in Inter -Religion Live-in Couple’s Protection Plea

Awareness has to be created in young minds not just from the point of view of emotional and societal pressures that Live -in relationships may create, but also from the perspective that it could give rise to various legal hassles.

Case Briefs High Courts

Kerala High Court refuses exemption from wearing helmets on medical grounds

Kerala High Court said that petitioners have to abandon two-wheeler ride if they were suffering from any illness which disables them from wearing helmets.

Case Briefs High Courts

Madras High Court quashes notification inviting applications for appointment as member in Consumer Redressal Commissions in Tamil Nadu

If the notifications are bad in law and they are liable to be quashed, the subsequent selection procedure that has been undertaken would also suffer from the same vice.

Case Briefs High Courts

No prejudice shall be caused on account of transfer of cases to Central Circle; Delhi High Court upholds transfer of Income Tax assessment of Sanjay Gandhi Memorial Trust, Aam Aadmi Party

Section 127 of IT Act to the extent it permits transfer from one Assessing Officer under a Principal Commissioner of Income Tax to another Assessing Officer under another Principal Commissioner of Income Tax who are holding non-concurrent charges remains untouched and continues to apply in its pristine form.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether prior approval of RBI is required by an Asset Reconstruction Company for participating as Co-Resolution Applicant under IBC? NCLAT Answers

NCLAT observed that the principal objective of the IBC is ‘revival of the Corporate Debtor and Resolution’ and therefore “Liquidation ought to be the last resort, keeping in view the scope and spirit of the Code.”

Case Briefs High Courts

[Minor impregnated by her own brother] Kerala High Court bats for ‘safe sex education’ in schools and colleges

Kerala High Court expressed that this happened because of the lack of knowledge about the safe sex. Minor children are in front of ‘internet’ and ‘google search’. There is no guidance for the children.

Case Briefs Foreign Courts

Whether Forklift is a motor vehicle under Road Accident Fund Act for road accident claims? Supreme Court of Appeal of South Africa decides

“Supreme Court of Appeal of South Africa in a claim for damages while dismissing the appeal unanimously held that a Hyster 250 forklift is not a motor vehicle as defined under the Road Accident Fund Act, 1996.”

Case Briefs High Courts

Orissa High Court quashes murder charge against Ex-Malkangiri Collector; substitutes with Abetment to Suicide

The Court was of the considered view that the offences punishable under Sections 302, 506, 201, 204 of the IPC were prima facie, not made out.