Case Briefs Archives

central electricity regulatory commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

CERC issues ‘Category IV’ licence to THDC India Ltd for inter-State trading in electricity in whole of India

In accordance with Regulation 3(3) of the Trading Licence Regulations, for a person applying for Category `IV`, a trading licence should have a net worth of Rs. 10 crore and should have maintained minimum current ratio and liquidity ratio of 1:1, as on date of audited balance sheet accompanying the application.

Case Briefs Supreme Court

Supreme Court | Continuation of irretrievably broken down marriage spells cruelty to both parties; can be read as a ground for divorce under Hindu Marriage Act

Supreme Court observed that in cases where the marital relationship has broken down irretrievably, where there is a long separation and absence of cohabitation, then continuation of such a ‘marriage' would only mean giving sanction to cruelty which each is inflicting on the other.

Case Briefs High Courts

[Kerala Boat Tragedy] High Court initiates suo motu proceedings; next hearing on May 12

Kerala High Court prima facie viewed that the Tanur boat accident could be avoided if the authorities would have invested vital legal and statutory duty to watch and monitor the situation.

Case Briefs High Courts

Madras High Court directs Tamil Nadu Bar Council to initiate disciplinary action against Advocates issuing fake marriage certificates

Madras High Court opined that this is a fit case to refer the matter to the Bar Council of Tamil Nadu to initiate disciplinary action against the advocates who performed the marriage.

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”.