Case Briefs Archives

Res Judicata not applicable to Order 21CPC

Orissa HC: Technical defects cannot defeat decree execution; Order 21 CPC excludes Res Judicata principle

“In case of passing an order to drop the execution proceedings on the ground of any technicality, the Judgment Debtor is not precluded under law to file a fresh application for execution providing correct particulars for making the execution petition executable.”

Case Briefs High Courts

Only strong and cogent evidence warrants summoning a new accused under S. 319 CrPC: Rajasthan High Court

“When the injured is silent about the involvement and role of the respondents, then under these circumstances, the statements of other witnesses hardly make any difference.”

Case Briefs High Courts

High time to shift paradigm that civil suits can run for decades: Delhi High Court upholds dismissal of civil suit

“It shows blatant and deliberate design on the part of petitioner to continue to protract the trial court proceedings, which is with the obvious aim to frustrate the respondent into giving up the lis.”

Case Briefs High Courts

‘No embargo on production of Call Records/Location Charts if privacy of raiding team/police informers is undertaken’: Delhi High Court allows preservation in NDPS case

“If such data is not preserved, there is likelihood that the same may get lost and may not be available to the petitioner in support of his defense.”

Case Briefs High Courts

‘Medical Representative not a workman’: Delhi HC upholds Labour Court order

“The petitioner was not a person doing clerical or menial jobs but was a qualified graduate who had received specialized training in his field of work.”

reassessment notice barred by limitation

Case Briefs Tribunals/Commissions/Regulatory Bodies

‘Escaped income is below Rs 50 lakhs’; ITAT quashes reassessment notice under S.148 Income Tax Act issued beyond prescribed limitation of 3 years

A notice under Section 148-A(b) of the Income Tax Act, 1961 was issued to the assessee, stating that income had escaped assessment under the provisions of Section 147, regarding sale, purchase of properties and contractual receipts.

Advance Rulings Case Briefs

Read why AAR Tamil Nadu refused to admit Auto Color Paints’ application for refund and Input Tax Credit adjustment over erroneous GST reporting

In the present case, Auto Color Paints mistakenly reported purchase invoices as sales in GSTR-1 from 2017—18 to 2022—23, resulting in a loss of Input Tax Credit amounting to ₹18.53 lakh. After the supplier refused adjustment, the applicant approached AAR, Tamil Nadu, seeking relief under Section 97 of the CGST Act.

Directions to ensure protection of transgender persons

Case Briefs Supreme Court

Gaps in Transgender Persons Act & Rules; Advisory Committee; Identity issues: Inside Supreme Court Directions & Suggestions to ensure protection of Transpersons

The Court emphasised that drawing on stereotypes and stigma associated with the transgender community is impermissible for the purpose of formulating laws, rules and policies as it would be squarely opposed to the principle of substantive equality.

Case Briefs High Courts

Bombay High Court condemns realistic AI deepfake video targeting Akshay Kumar, orders urgent takedown to protect his personality rights and public safety

“Both in the context of images and videos, the morphing is so sophisticated and deceptive that it is virtually impossible to discern that the same are not genuine images/videos of the Akshya Kumar.”

Case Briefs High Courts

Magistrate’s ‘seen’ remark, without reasoned order, insufficient: Bombay HC grants default bail for delay in filing chargesheet under S. 187 BNSS

“The provision of Section 187(3) BNSS were mandatory in nature and any slightest departure with the statutory mandate had impact of impairing the constitutional right of liberty of an individual although facing the accusations.”

Case Briefs High Courts

Bombay HC allows sale of two drugs for food-producing animal rearing, if manufactured before Notification prohibiting them

“The Notification prohibited the import, manufacture, sale, and distribution of Chloramphenicol and Nitrofurans from 12-03-2025.”

Case Briefs High Courts

Inside Punjab and Haryana HC order dismissing anticipatory bail plea of alleged mastermind in Indo-Pak drone drug smuggling case

“The increasing instances of drug smuggling through drones in India from across the border i.e. Pakistan pose a grave threat not only to the security of the nation but also impacts the youth of the nation.”

Case Briefs Supreme Court

SC issues notice in appeal challenging lay-offs during insolvency: Key questions raised on IBC-ID Act Conflict

The appeal challenges the NCLAT’s order upholding a purported lay-off by Resolution Professional, which the appellant claims was a disguised and unlawful retrenchment. The Court is set to examine whether IBC overrides ID Act provisions and whether such retrenchments can legally occur under the garb of lay-offs during insolvency proceedings.

Case Briefs High Courts

Insolvency proceedings no shield for Directors in cheque dishonour cases under S. 138 NI Act: Orissa HC

“On the request of the petitioner, the complainant waited and represented the cheque through its banker, but once again it got dishonoured with the same remark – refer to drawer.”

Conviction for sexual intercourse with minor wife

Case Briefs High Courts

Husband can only be convicted for sexual intercourse with minor wife above 15 years after 2017; Allahabad HC sets aside conviction in 20-year-old case

“From the foregoing observations as held by Supreme Court in Independent Thought case, it is very much apparent that exception 2 of Section 375 IPC has been struck down on the ground that said provision is inconsistent with the provisions of POCSO Act and is also violative of Article 14, 15 and 21. But it has also been held that the said judgment will have a prospective effect.”

Case Briefs High Courts

‘Encroachments persist on vast temple property’: Madras HC summons HR & CE Officials over non-compliance

“Since several influential persons are among the encroachers, the District Administration and Police appear reluctant to cooperate with the HR & CE Department in removing the encroachments.”

Case Briefs High Courts

Custody with compassion: Calcutta HC mandates Child Access and Custody Guidelines coupled with shared parenting plan

“Most often the worst sufferers of the familial disruption are the helpless children who are entrapped in the bitter feud between two warring couple without any fault of their own.”

Case Briefs High Courts

‘Accused not named in FIR, Name surfaced during investigation’; Allahabad HC grants bail in case linked to Umesh Pal murder

The Court further emphasised the well-settled legal principles that bail is the rule, and jail is the exception, and that an accused must be presumed innocent until proven guilty.

Case Briefs Supreme Court

Constitutional Validity of S. 163-A H.P. Land Revenue Act| Supreme Court issues notice; Directs status quo vis-a-vis the suit property

The petition by special leave challenged the decision of Himachal Pradesh High Court which had held that Section 163-A of the H.P. Land Revenue Act, 1954 was manifestly arbitrary and unconstitutional.

Case Briefs High Courts

‘Vicarious Liability attributed to airline despite outsourced catering’: Madras HC directs Air India to pay Rs 35,000 to passenger for hair in flight meal

“Air India is clearly vicariously liable to compensate the respondent for the negligence, namely the presence of hair follicles in the food packet, even though the food packet may not have been prepared by them, but only through their agents, namely Ambassador Pallava.”