Case Briefs Archives

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.

Case Briefs Supreme Court

Supreme Court stays Allahabad HC order directing UP Schools to refund or adjust 15 % school fees paid during Covid-19 pandemic

Supreme Court stayed the operation of the Allahabad High Court's judgment to the extent it directs refund of the fee paid to ex-students, till the next date of hearing.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Income Tax Appellate Tribunal directs Assessing Officer to charge assessee at gross profit rate of 6.5% on bogus purchases

ITAT said that the entire addition has been made by the AO as well as CIT based on guess work and estimation based on some alleged information received from Sales Tax Department of Maharashtra and from DGIT that “the assessee has taken bogus purchase bills without having taken any delivery of the goods”, without applying their mind.

Case Briefs High Courts

Delhi High Court grants permanent injunction to a well-known mark ‘VIVANTA’ against the mark ‘VIVANTA VACATION CLUB’; awards Rs. 6 lakhs costs

The use of ‘VIVANTA VACATION CLUB' as a part of a trade name will likely deceive unwary consumers of their association with the mark ‘VIVANTA' as a domain name can have all the characteristics of a trade mark and could result in an act of passing off.

Case Briefs Supreme Court

Last seen evidence does not lead to irrevocable conclusion without complete chain of evidence establishing guilt; SC acquits convict in a 23-year-old murder case

The Court said that the prosecution failed to prove the case beyond reasonable doubt and the case did not pass the standard required in a case of circumstantial evidence.

Case Briefs High Courts

Bombay High Court grants temporary injunction to makers of ‘Scam 1992: The Harshad Mehta Story’

There are sufficient documents placed on record to demonstrate that a strong prima facie case is made out by the plaintiff in its favour regarding copyright infringement of said web series.

Case Briefs High Courts

Delhi High Court sets aside the cost imposed on CBI and expunges remarks made against the authority in a judicial order

The duty of the Court has been tried to be delegated to the prosecuting agency in the present case.

Case Briefs High Courts

Explained | Why Kerala High Court didn’t stay the release of ‘The Kerala Story’?

The Kerala High Court pointed towards the petitioners’ grievance that the teaser contains erroneous statement of facts which may tarnish the image of a particular community, while noting the fact that the petitioners had not watched the movie yet.

Case Briefs Supreme Court

Absence of specific guidelines in ‘land grabbing cases’ may bestow police officers with unguided powers; Supreme Court suggests TN to enact legislation

The Supreme Court observed that if the State Government is so conscious or interested in taking action against land grabbers, it is the discretion of the State Government to bring or better the appropriate legislation with the definition of ‘land grabber’, ‘land grabbing’ and ‘land grabbing cases’.

Case Briefs Supreme Court

Reservation in favour of residents of a State permissible, but wholesale reservation unconstitutional; Supreme Court reiterates

Supreme Court said that the State Government may examine the data of last few years, to come to a realistic finding as to what should be the extent of these reservations. A wholesale reservation is not serving any purpose, rather it frustrates the very purpose of the reservation

Case Briefs High Courts

Patna High Court stays Bihar Government’s caste-based survey; directs data collected not to be disclosed to anyone

The State Government intending to share data with the leaders of different parties of the State Assembly, the ruling party and opposition party was a matter of great concern as there arose a question of right to privacy, which the Supreme Court held to be a facet of right to life.

Case Briefs Supreme Court

Supreme Court determines if Section 52A of Wakf Act, 1995 has retrospective application or not

“Expression Whoever alienates or purchases or takes possession of, which is the opening phrase of Section 52A of the Wakf Act, 1955, cannot be read or construed to include possession taken in the past, which resulted in continued possession, when the provision was enacted.”

Case Briefs Supreme Court

Supreme Court | ‘Pre-import condition’ in Foreign Trade Policy not arbitrary; must be fulfilled to avail tax exemption benefits

The Court said that to avail exemption benefits, two conditions were to be fulfilled, one, – that the exports made under the Advance Authorizations, were physical exports in nature, and the other, that there must be fulfillment of ‘pre-import condition’.

Case Briefs High Courts

[Tenure Employment] Actions of the Union speak volumes about illegality of the NFDC Chief termination order; Delhi High Court quashes the order

Delhi High Court observed that if a termination order is founded on allegations, the order is stigmatic and punitive, and the services of an employee cannot be dispensed with without affording him an opportunity of defending the accusations/allegations made against him in a full-fledged inquiry

Case Briefs High Courts

Explained: Manipur High Court’s Judgment that triggered violence in Manipur over inclusion of Meitei Community in Scheduled Tribe list

The Court directed the Manipur Government to consider the inclusion of the Meitei community in the Scheduled Tribe list within a period four weeks.

Case Briefs High Courts

Why Gauhati High Court refused to quash FIR filed against Youth Congress President, Srinivas B.V?

The Court was of the view that the petitioner’s utterances towards the victim and the allegations stated in the FIR, prima facie attract the penal provisions related to sexual harassment.

Case Briefs High Courts

Issuance of passport without father’s name is permissible in certain cases: Delhi High Court

The Delhi High Court opined that passports can be issued under different circumstances without the name of the father, depending upon the factual position in each case and no hard and fast rule can be applied.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLT imposes exemplary cost of ₹ 5 Lakhs on Trimex Industries (P) Ltd for filing frivolous litigation

NCLT imposed cost to restain Trimex Industries (P) Ltd. from filing frivolous applications which consume Tribunal’s valuable resources and time.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Ludhiana Gas Leak]: NGT orders 20 lakhs compensation to heirs of 11 deceased; constitutes fact-finding Committee

The Tribunal constituted an eight-member fact-finding Joint Committee about the incident headed by Chairman of the State Pollution Control Board, Punjab.

Case Briefs Supreme Court

Supreme Court| Section 140(5) of the Companies Act constitutional; Proceedings do not come to an end on resignation/ removal of an auditor

Supreme Court observed that if the interpretation that once an auditor resigns, the proceedings under Section 140(5) stand terminated and are no longer further required to be proceeded, an auditor may resign to avoid Tribunal’s final order and its consequence as provided under the second proviso to Section 140(5).