Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT admits Go Air insolvency plea

A creditor has limited grounds to object to S. 10 of IBC application.

Case Briefs High Courts

Punjab and Haryana High Court grants interim bail to Times Now Reporter Bhawana Kishore

Punjab and Haryana High Court was of the view that no offence was made out as per the provisions of SC-ST Act, 1989.

Case Briefs Supreme Court

Manipur Violence: SC directs State to ensure medical care, basic amenities, rehabilitation measures and protect places of worship

The Court expressed its concerns over the loss of human life and destruction of the homesteads and places of worship.

Case Briefs High Courts

Death of victim cannot be termed as “not under normal circumstances”; Allahabad High Court grants anticipatory bail in dowry death case

Section 438 was inserted in CrPC as it was seen that the influential persons try to implicate their rivals in false cases for the purpose of disgracing them by detaining them in jail for some time. It is true, such powers are to be exercised in exceptional cases. The prosecution cannot be permitted to be converted into an arena to settle scores.

applicability of arbitration amendment act 2015

Case Briefs Supreme Court

Notice invoking arbitration issued prior to 2015 Amendment but application filed post Amendment: SC resolves enigma around applicability of Arbitration Amendment Act 2015

Upholding the Telangana High Court judgment, the Supreme Court held that the law prevailing prior to the Arbitration and Conciliation (Amendment) Act, 2015 shall be applicable in a case where the notice invoking arbitration is issued prior to the Amendment Act, 2015.

Case Briefs High Courts

Meghalaya HC reprimands State for ‘nurturing’ illegal coal mining; directs State to expose the kingpin behind illegal coke plants

The Court said that despite repeated orders of the NGT and Supreme Court, rather than prohibiting the illegal coal mining, the State may have provided tacit support to such operations.

Case Briefs High Courts

Stay on Diljit Dosanjh’s ‘Jodi Teri Meri’ continues as Punjab and Haryana High Court refrains from passing any order

Punjab and Haryana High Court commented that the parties had the chance to appeal against the said order of lower court, yet they approached the High Court through Article 227 of the Constitution of India.

Case Briefs High Courts

Delhi High Court grants ad interim injunction to ‘Royal Green’ whisky against ‘Royal Queen’, having similar trade dress

A customer of average intelligence and imperfect recollection, who comes across the plaintiff's Royal Green Whisky on a particular date and, later, comes across the defendant's Royal Queen product, will be confused between the two.

Case Briefs Supreme Court

Honour Killing | Supreme Court commutes death sentence of man who killed newly married sister and her paramour

“It is well-settled law that awarding of life sentence is a rule and death is an exception. The application of the rarest of rare case principle is dependent upon and differs from case to case.”

Case Briefs High Courts

Delhi High Court| Mandatory Reporting under POCSO Act shall override the restrictions imposed under S. 198(1) & (3) CrPC

Delhi High Court observed that there is no distinct category within child victims of rape as those who are married and those who are not.

Case Briefs Supreme Court

UP Intermediate Education Act | Amended Regulation 17 applicable on pre-existing vacancies awaiting DIOS approval: Supreme Court

The Supreme Court did not find any place for a ‘deemed appointment' and held that the selection process concludes only after the mandatory approval of the DIOS is granted.

Case Briefs High Courts

Gujarat HC suspends life sentence of 3 IAF Officers in 28 years old murder case; sets aside CBI Court order

The Court found that the conviction and life sentencing order suffered from patent infirmities and was based on presumptions.

Case Briefs High Courts

[Harmonious Construction] Section 529A of Companies Act, 1956 would prevail over Income Tax Act, 1961: Madhya Pradesh High Court

“…the Act of 1956 is a special Act which govern the law regarding companies only whereas IT Act is a general Act which percolates in just about every sphere of life and is applicable to all the citizen of India when it comes to payment of Income Tax.”

Case Briefs High Courts

‘Eateries and shops not to encroach upon the public space or place their counters on the road’; Delhi High Court directs Municipal Corporation of Delhi to conduct monthly inspections

The Delhi High Court directed that all the eateries and shops which were operating on the road should abide by the norms which were fixed by the Municipal Corporation of Delhi and should ensure that public roads and footpaths were not occupied.

Case Briefs High Courts

Allahabad High Court cancels entire selection process for the post of Principal of State Homeopathy Medical College

Allahabad High Court said that the State authorities sat over the matter in a highly arbitrary and illegal manner. The Commission has also, in a highly arbitrary and illegal manner, proceeded with the selection without even verifying the qualifications of the participants. This has vitiated the entire selection process.

Case Briefs High Courts

Bombay High Court temporarily restrains Meta Platforms from circulating video infringing Patanjali product ‘Mahakosh Future Fit’ edible oil

The Plaintiff is aggrieved by a video circulating on Facebook pages containing disparaging remarks against the product of the Plaintiff i.e., edible oil bearing the registered trademark “MAHAKOSH”.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT imposes 50 crores costs on Uttar Pradesh Aawas and Vikas Parishad and 3 other Housing Realtors for environment degradation

The Tribunal noted that while developing housing projects in Ghaziabad, the Project Proponents violated environmental norms for plantations and sewage treatment plan.

Case Briefs Supreme Court

Supreme Court’s Split verdict on Settlement Commission’s jurisdiction in case of seized goods mentioned under Section 123 of the Customs Act 1962

Supreme Court was called upon to decide whether a settlement remedy under Section 127B of the Customs Act, 1962, would be available for the seized goods, which are specified under Section 123 of the said Act, the bench of Krishna Murari and Sanjay Karol, JJ gave a spilt verdict and referred the matter to a larger bench.

Case Briefs High Courts

[POCSO] Absence of wisdom tooth does not conclusively prove age below 18 years; Bombay High Court acquits accused

Eruption of wisdom tooth may at the most suggest that the age of the person is 17 years or above, but non-eruption or absence of wisdom tooth does not conclusively prove that the person is below 18 years of age.

Case Briefs High Courts

CAT, Ahmedabad has no jurisdiction to dismiss show cause notice in fake encounter case; Gujarat HC rejects former IPS officer Rajnish Rai’s plea

The Court also said that the CAT, Ahmedabad, did not have jurisdiction under rule 6(1) of Central Administrative Tribunal (Procedure) Rules, 1987, as the show cause notice was issued from New Delhi.