Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can revenue bring expenditure incurred in earlier years to be taxed in subsequent years? ITAT answers

After examining the expenses payable and the detailed order of the CIT,the ITAT held that the CIT has correctly examined the invoices, period and purpose for the expenses which have not been paid for the last six years

Case Briefs High Courts

Involvement in subsequent crime sufficient ground for cancellation of bail: Kerala High Court

Kerala High Court noted that as against the condition not to involve in any other crime while on bail, the petitioner got involved in a similar crime.

Case Briefs High Courts

Can time limit for filing written statement be extended? Calcutta High Court explains

The Calcutta High Court observed that “conduct of the defendant is also to be looked into” and accepted the written statement of the defendant.

Case Briefs High Courts

DNA of unborn child did not match the DNA of accused; Delhi High Court grants bail in a rape case

The Court directs that the petitioner should be released on bail after noting the FSL report which shows that the DNA of the unborn child of the prosecutrix did not match with the accused.

Case Briefs High Courts

Gujarat HC seeks Medical Opinion for Termination of Pregnancy of Minor Rape Survivor

The Court also directed the Medical Panel to conduct an ossification test of the minor.

Case Briefs High Courts

Fatwa to kill Waseem Rizvi for renouncing Islam: Read why Allahabad High Court denied anticipatory bail to Maulana Syed

Allahabad High Court remarked that Maulana Syed claims himself to be an Islamic religious scholar and he has claimed that he had made the statements “In light of the provisions of Holy Quran and Islamic jurisprudence” and “In the light of Shia school of thought, philosophy & jurisprudence” but he has not referred to a single verse of the Holy Quran.

Case Briefs High Courts

Delhi High Court directs Collector of stamps to adjudicate stamp duty payable within 30 days

If adjudication of any stamp duty payable involves any complexity/ extraordinary circumstances, the adjudication of stamp duty can be extended for a maximum period of three months from the date of application.

Case Briefs High Courts

Gratuity determined as per date of termination of employment, not the date of sanction or actual disbursement: Kerala High Court

Kerala High Court suggested the petitioner to choose between Payment of Gratuity Act, 1972 and Kerala State Housing Board Employees’ (Pension and other Retirement Benefits) Regulations, 1990 for claim of gratuity or DCRG, since he cannot have gratuity under one with the ceiling limit payable under another Act.

Case Briefs High Courts

[Copyright Infringement] Bombay High Court refuses to grant interim injunction to Shemaroo Entertainment

Bombay High Court perused the assignment deed pertaining to the film ‘Amba’ and opined that ‘the said work’ indicates plaintiff’s failure in making out a prima facie case of only audio rights being assigned to the defendant.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NHRC directs Union Govt and Andhra Pradesh Govt to ensure provision of necessary nutrition to TB patients in Andhra Pradesh

The Commission was hearing a petition filed an advocate/social activist who highlighted the plight of TB patients suffering due to lack of adequate nutrition

Case Briefs High Courts

Section 138 NI Act| No mandatory disposal of Section 143A application before examination of accused under Section 251 CrPC: Calcutta High Court

“Section 143A empowers a Court to pass an order on interim compensation in favour of the complainant where the accused pleads not guilty to the accusations made in the complaint.”

Case Briefs High Courts

Manipur HC directs State and Officer-in-charge to complete pending Investigation in 10-years-old UAPA case within 6 months

The Court said that offences under UAPA are serious ones relating to the security of the nation and FIR cannot be quashed on mere technicalities without going to the complete merit of the case.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency proceeding can be restored when Consent term entered between parties includes a revival clause: NCLAT

“When consent term itself contains clause for revival, non-giving liberty specifically for revival by the Adjudicating Authority is inconsequential”, held NCLAT

Case Briefs Supreme Court

Whether power of attorney, will, agreement to sell can be recognised as title documents conferring rights in any immovable property? Supreme Court answers

Supreme Court said that the entry of the appellant over part of the suit property is simply as a licencee of the respondent. He does not continue to occupy it in the capacity of the owner. Thus, the licence having been terminated, he has no right to remain in possession but to restore possession to the person having rightful possessory title over it.

Case Briefs High Courts

Orissa High Court directs State to indicate steps taken by District Administration for crowd management at Alarnath temple during Anavasara Period

The temple is normally very crowded during the Anavasara Period and therefore, the court has directed the authorities concerned to ensure effective handling of the crowd.

Case Briefs High Courts

Mere possession of living cow does not amount to committing, abetting, or attempting an offence under U.P. Prevention of Cow Slaughter Act: Allahabad High Court grants bail

The principle that Bail is a rule and Jail is an exception has been well recognised by Supreme Court more specifically on the touch stone of Article 21 of the Constitution

Case Briefs Tribunals/Commissions/Regulatory Bodies

Section 74 of Contract Act has no application on Public Auction conducted under the Liquidation Process Regulations, 2016: NCLAT

NCLAT observed that in the instant matter “there was no title defect in the Corporate Debtor”.

Case Briefs High Courts

Manipur High Court directs appointment of Dr. L Ranjit Singh as Director of Regional Institute of Medical Sciences, Imphal

While a writ petition is pending wherein the appointment of a Director is challenged, the authorities concerned cannot appoint another Director without the leave of the Court.

Case Briefs High Courts

Arbitration Clause in a contract will perish with its novation: Delhi High Court

Where parties decide to put an end to the original contract as if it never existed and substituted a new contract with it, then in such a situation the original contract is extinguished by the substituted one and the arbitration clause of the original one perishes with it.

Case Briefs High Courts

Bombay High Court grants interim relief to Indian Express against ‘Sprouts’ in 100 crores defamation suit

Bombay High Court was convinced of a strong prima facie case for grant of ad-interim reliefs, finding the balance of convenience in favour of Indian Express.