Case Briefs Archives

Age of Retirement for Kerala High Court Staff; matter remitted back for consideration by Government

Kerala HC remitted the matter back to Kerala Government for reconsidering the proposal of the Court to increase the retirement age of the Judicial staff from 56 to 58 years of age.

Case Briefs High Courts

Proceedings under S. 498-A IPC cannot be quashed simply because it was filed after receipt of divorce notice: Karnataka High Court

It was stated that decision of the co-ordinate Bench of the High Court in Naresh Gundyal v. State on same issue, defeats the very object of S. 498-A, IPC and Domestic Violence Act, 2005.

Case Briefs Tribunals/Commissions/Regulatory Bodies

CIT was right in deleting addition made on account of low Gross Profit rate by AO without any justified reasoning: ITAT

It is a well-accepted principal of tax jurisprudence that the Assessing Officer cannot sit on the armchair of a businessman assessee to replace his business strategy by his own whims and fancies

Case Briefs High Courts

[Illegal Coal Mining] Meghalaya HC expresses concern for involvement of higher-ups of State; Reprimands State for complicity with kingpin

The Court said that the State is responsible for aiding the business of illegal mining and allowing illegal transport of thousands of metric tonnes of coal

Case Briefs High Courts

Delhi High Court grants permanent injunction to New Balance Athletics for ‘NEW BALANCE’ mark and ‘NB’ device mark

The use of ‘NEW BALANCE IMMIGRATION’ as a part of its trade name by New Balance Immigration (P) Ltd. (defendant) is likely to deceive unwary consumers of their association with New Balance Athletics Inc (plaintiff).

Case Briefs Supreme Court

“Courts below failed to evaluate testimonies on settled legal principles, resulting in grave miscarriage of Justice”; SC sets aside conviction in 22-year-old murder case

The Court said that the case in hand was a quintessential case where to solve a blind murder, occurring in a forest in the darkness of night, bits and pieces of evidence were collected.

Case Briefs High Courts

[Covishield Vaccine] Content against Adar Poonawala – Serum Institute prima facie defamatory: Bombay High Court

Bombay High Court pointed at the alleged ban on Covishield/Astra Zenica vaccine in European countries to be a misconception while stating the correct facts that it was a temporary measure.

Case Briefs Supreme Court

Supreme Court grants interim bail to Ex-Encounter Specialist Pradeep Sharma

Supreme Court allowed the interim bail to Pradeep Rameshwar Sharma in Mansukh Hiren murder case to attend to the treatment of his ailing wife for reversal of Gastric Bypass surgery.

Case Briefs District Court

Delhi Court sets aside ₹90 lakh award granted in favour of BMW India Financial Services Pvt. Ltd.

Unilateral Appointment of the Sole Arbitrator vitiates the proceedings of Arbitration.

Case Briefs High Courts

Even slightest penetration of male organ into female parts amounts to rape; Allahabad High Court reiterates

Allahabad High Court said that any statement of a rape victim is an extremely humiliating experience for a woman, and until she is a victim of sex crime, she would not blame anyone but the real culprit.

Case Briefs High Courts

Delhi High Court directs Patent office to update Manual for Practice and Procedure for dealing intricate matters in a better way

Since the number of filings in India are rapidly increasing thus there is an imminent need to update the Manual of Patent Office Practice and Procedure so that the Examiners and Controllers can get better guidance on dealing intricate matters like objections of lack of clarity and succinctness.

Case Briefs High Courts

Sympathy in matters involving unnatural offences against a child is a case of misplaced sympathy: J&K and Ladakh HC

The High Court was deliberating over a bail application wherein the accused was charged under S. 377, IPC and POCSO act for commission of fiendish crime against a child.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NFRA imposes monetary penalty of Rs. 1.10 Crore on Auditors of Coffee Day Enterprises Ltd.

National Financial Reporting Authority: The National Financial Reporting Authority (‘NFRA’) has imposed monetary penalty of Rs. 1.10 Crore on 1 Auditor Firm

Case Briefs High Courts

Meghalaya HC directs State to restrict Constructions within 50 meters high-water mark of Umiam Lake

The Court ordered the State of Meghalaya to protect all the waterbodies in the State.

Case Briefs High Courts

Delhi High Court refuses interim bail to Manish Sisodia; Allowed to meet wife for a day; No media interaction, No phone or internet

The petitioner was seeking interim bail for a period of six weeks in a case registered for the offences punishable under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002 on the ground of illness of his wife Mrs. Seema Sisodia.

Case Briefs Supreme Court

Whether contracts entered in name of President are immune from provisions protecting against conflict of interest of a party to contract? Supreme Court answers

Supreme Court refused to give effect to the appointment of an officer of the Ministry of Law and Justice as an arbitrator.

Case Briefs High Courts

Gujarati Stenographer Recruitment: Gujarat HC dismisses petition of candidate seeking relaxation in Age Criteria

The Gujarat High Court said that if a person has failed to possess the prescribed eligibility, he cannot claim participation in the selection process.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can Corporate Debtor raise issue of pre-existing dispute if there is no evidence of any lacuna prior to demand notice? NCLAT answers

“The Adjudicating Authority does not appear to have committed any error in holding the alleged disputes claimed by the Corporate Debtor to be feeble as it is not supported by credible evidence.” NCLAT

Case Briefs High Courts

“Nudity and obscenity not always synonymous”; Kerala High Court discharges mother who exposed upper naked body for painting by minor children

Kerala High Court started with a quote by — Mitch Albom which reads as “When you look into your mother’s eyes, you know that is the purest love you can find on this Earth.”

Case Briefs High Courts

Decoding Madras High Court verdict on Gokulraj Murder committed “under the influence of demon called caste”

Madras High Court said that this is a case which brings out the dark side of human behavior. It focuses our attention on the ugly facets of our society; the caste system, bigotry, inhuman treatment of persons belonging to the marginalised section etc.