Case Briefs Archives

Gujarat High Court issues Notice to State Government and Junagadh Municipal Corporation on plea Opposing Demolition of Dargahs

The petitioner was aggrieved by the illegal and unconstitutional demolitions, contrary to the provisions of the GPMC Act, the Waqf Act, 1995 and the Places of Worship (Special Provisions) Act, 1991.

Case Briefs High Courts

Delhi High Court suspends 10-year sentence of a Zimbabwean lady in a narcotics case due to lack of compliance of provisions

The Standing Orders ought to be respected by the investigating agencies and non-compliance of those Standing Orders may naturally invoke a reasonable doubt relating to the process of sampling which is the most critical procedure to be carried out to ascertain the nature of the substance and its quantity.

Case Briefs High Courts

Gujarat High Court quashes Order cancelling firm’s GST Registration for serving cryptic and vague Show Cause Notice

The Court granted liberty to the respondent authorities to issue fresh notice, including the detailed reasons and thereafter to provide reasonable opportunity of hearing to the petitioner.

national consumer disputes redressal commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC imposes a penalty of INR 1.5 crores against a hospital responsible for tragic mix-up of a sperm sample used during Intra-CytoplasmicSperm injection

While deciding upon the complaint, the NCDRC also made important observations on ethical questions surrounding Assisted Reproductive Techniques and urged the Government to bring out necessary regulations for safe ART procedures.

Case Briefs High Courts

[Explained] Allahabad High Court verdict in Inter -Religion Live-in Couple’s Protection Plea

Awareness has to be created in young minds not just from the point of view of emotional and societal pressures that Live -in relationships may create, but also from the perspective that it could give rise to various legal hassles.

Case Briefs High Courts

Kerala High Court refuses exemption from wearing helmets on medical grounds

Kerala High Court said that petitioners have to abandon two-wheeler ride if they were suffering from any illness which disables them from wearing helmets.

Case Briefs High Courts

Madras High Court quashes notification inviting applications for appointment as member in Consumer Redressal Commissions in Tamil Nadu

If the notifications are bad in law and they are liable to be quashed, the subsequent selection procedure that has been undertaken would also suffer from the same vice.

Case Briefs High Courts

No prejudice shall be caused on account of transfer of cases to Central Circle; Delhi High Court upholds transfer of Income Tax assessment of Sanjay Gandhi Memorial Trust, Aam Aadmi Party

Section 127 of IT Act to the extent it permits transfer from one Assessing Officer under a Principal Commissioner of Income Tax to another Assessing Officer under another Principal Commissioner of Income Tax who are holding non-concurrent charges remains untouched and continues to apply in its pristine form.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Whether prior approval of RBI is required by an Asset Reconstruction Company for participating as Co-Resolution Applicant under IBC? NCLAT Answers

NCLAT observed that the principal objective of the IBC is ‘revival of the Corporate Debtor and Resolution’ and therefore “Liquidation ought to be the last resort, keeping in view the scope and spirit of the Code.”

Case Briefs High Courts

[Minor impregnated by her own brother] Kerala High Court bats for ‘safe sex education’ in schools and colleges

Kerala High Court expressed that this happened because of the lack of knowledge about the safe sex. Minor children are in front of ‘internet’ and ‘google search’. There is no guidance for the children.

Case Briefs Foreign Courts

Whether Forklift is a motor vehicle under Road Accident Fund Act for road accident claims? Supreme Court of Appeal of South Africa decides

“Supreme Court of Appeal of South Africa in a claim for damages while dismissing the appeal unanimously held that a Hyster 250 forklift is not a motor vehicle as defined under the Road Accident Fund Act, 1996.”

Case Briefs High Courts

Orissa High Court quashes murder charge against Ex-Malkangiri Collector; substitutes with Abetment to Suicide

The Court was of the considered view that the offences punishable under Sections 302, 506, 201, 204 of the IPC were prima facie, not made out.

Case Briefs High Courts

[Assault on Advocates] Bombay High Court directs transfer of complaint from Antop Hill to Matunga Police Station

The Court required an impartial investigation by the ACP in charge at Matunga division.

Case Briefs Supreme Court

Mere publication of Additional List does not create any right to be appointed in enlisted candidates’ favour: Supreme Court

The Supreme Court set aside the Karnataka High Court verdict wherein it was held that the State failed in its obligation to inform the respondent about the existence of the vacancy that has arisen.

Case Briefs High Courts

Requirement of minimum length of service before seeking transfer does not contravene U.P. Basic Education (Teachers) Service Rules: Allahabad High Court

Transfer is not stipulated to be claimed as a matter of right in institutions. The State/Board would thus be justified in laying down a uniform criteria/process for entertaining applications for transfer.

Case Briefs High Courts

Excise Commissioner was duty bound to cancel liquor licence for sale of IMFL on application of Legal Heirs: Bombay HC

The Court said that the transfer of the liquor licence is at the discretion of the authority concerned.

Case Briefs High Courts

Husband acquiring property in wife’s name does not necessarily imply Benami transaction: Calcutta High Court

It is a well-settled principle that “burden of showing that a transfer is a benami transaction always lies on the person who asserts it.”

Case Briefs High Courts

Madras High Court directs Madras Bar Association to admit members without discriminating on caste, gender, religion, economic status, personal and political affiliations

The Lawyers being homogeneous class, further creating divisions on any criteria including economic status or otherwise will result in losing faith and ordinary Lawyers will get frustrated, resulting young and talented Lawyers leaving the profession. It is the primary duty of the Judicial Institutions to provide a conducive atmosphere for all the practicing Lawyers enabling them to have utmost trust in the Judicial System.

Case Briefs High Courts

[Poshan Abhiyan] Bombay High Court reprimands Government for delay in providing functional smartphones to Anganwadi workers

Bombay High Court directed the Government to provide functional mobile phones to Anganwadi workers.

Case Briefs High Courts

Whether time spent in PhD can be counted as ‘teaching experience’ for the post of Assistant Professor? Kerala High Court explains

Kerala High Court also reprimanded media to be cautious of unjustified comments and remarks while matters await adjudication, and to adopt a responsible journalistic conduct.