Case Briefs Archives

Supreme Court castigates APTEL for virtually rubber stamping State Commission’s findings on coercion vis-à-vis Power Purchase Agreement

Supreme court was of the opinion that the “casual approach of APTEL, in not reasoning how such findings could be rendered, cannot be countenanced. As a judicial tribunal, dealing with contracts and bargains, which are entered into by parties with equal bargaining power, APTEL is not expected to casually render findings of coercion, or fraud, without proper pleadings or proof, or without probing into evidence.”

Case Briefs High Courts

Delhi High Court extends scope of Section 16 of Court Fees Act, 1870 to cases where suit is stayed due to imposition of moratorium

The Delhi High Court extended the scope of Section 16 of the Court Fees Act, 1870 by holding that the cases in which suit is stayed due to imposition of moratorium would fall within the ambit of Section 16.

Case Briefs Supreme Court

Explained| Why SC sets aside Bombay HC order acquitting Prof GN Saibaba and others in UAPA Case

The Court directed to remit the matter back for fresh disposal before another bench of the High Court.

Case Briefs High Courts

Whether victim’s right to be heard includes the obligation to be impleaded as a party in criminal proceedings; Delhi High Court answers

The Delhi High Court holds that there is no requirement in law to implead the victim to any criminal proceedings, whether instituted by the State or by the accused. The Court further directed the Registry to ensure that anonymity of the victims is strictly maintained.

Case Briefs Supreme Court

Can Government employees claim Double Overtime Allowance as per the Factories Act? Supreme Court answers

The Court stated that the “claim of the respondents ought to have been tested by the Tribunal and the High Court in the proper perspective to see whether it is an attempt to get the best of both the worlds.”

Case Briefs High Courts

“An Unmarried daughter can claim reasonable wedding expenses from her father”: Kerala High Court

Kerala High Court reiterated that “every father irrespective of religion has an obligation to pay expenses related to his daughter’s marriage.”

Case Briefs Supreme Court

“Corruption must be dealt with iron hands”; SC sets aside Gujarat HC order granting anticipatory bail to IRS officer Santosh Karnani

When there is prima facie satisfaction that there is something more than a mere needle of suspicion against the accused, the Court cannot jeopardise the investigation, more so when the allegations are grave in nature.

Case Briefs High Courts

It is a curse for a society that women are still subjected to occult rituals to treat their infertility: Allahabad High Court rejects bail plea

Allahabad High Court said that the facts of this case are not only shocking but show the mindset of male persons that when a woman has not conceived for many years, the only fault is of the women and not of men and for that women are subject to occultist rituals. It is a curse for society that such rituals are still prevailing in 21st Century.

Case Briefs Supreme Court

‘Lawyers cannot go on strikes’; Supreme Court asks High Courts to constitute Grievance Redressal Committee to hear genuine grievance

Criticising the practice of the advocates going on strike and abstaining them from work, the Court observed that it is appropriate that their genuine grievances are considered by some forum so that such strikes can be avoided.

Case Briefs High Courts

Commissioner of CGST and Central Excise cannot continue adjudication proceedings after the inordinate delay of 13 years: Delhi High Court

The Delhi High Court held that the Commissioner of CGST and Central Excise cannot continue the proceedings for adjudication of the impugned show cause notice, after the lapse of thirteen years.

Case Briefs Supreme Court

Mens rea not an essential ingredient for contravention of S. 45, Gujarat Sales Tax Act, 1969: Supreme Court

“The intention of the legislature is very clear and unambiguous that the moment any eventuality as mentioned in Section 45(5) occurs, the penalty shall be leviable as mentioned in sub-section (6) of Section 45 of the Gujarat Sales tax Act, 1969”, the Supreme Court observed.

Case Briefs District Court

[NDPS] Delhi Court grants bail to accused of drug trafficking of Methamphetamine from Mexico to Australia

Delhi Court observed that in the absence of any evidence to link the accused persons with contraband recovered in Australia, the bar of section 37 NDPS Act stands lifted.

Case Briefs District Court

[Modi Surname Defamation Case] Surat Court refuses to stay Rahul Gandhi’s conviction

Surat Court commented that Rahul Gandhi was not an ordinary person and any word spoken by him has a large impact on the common public. Hence, a high standard of morality is expected from a person like him.

Case Briefs High Courts

Delhi High Court restrains Bollywood Time and other YouTube channels from reporting fake news regarding Aaradhya Bachchan’s health

Delhi High Court observed that every child is entitled to be treated with honour and respect whether he/she is a child of a celebrity or a commoner.

Case Briefs Supreme Court

Minor Rape Case | Supreme Court extends anticipatory bail granted to POCSO accused

The Patna High Court had rejected the petitioner’s anticipatory bail in this matter, while the Supreme Court granted protection to the petitioner against arrest on 16-12-2022.

Case Briefs High Courts

Conclusive foreign judgment would be enforceable in India: Delhi High Court

The Delhi High Court held that the judgement passed by the High Court of England was conclusive and would not fall within the exceptions carved out in Section 13 of CPC and was thus, found to be duly executable in India

Case Briefs Tribunals/Commissions/Regulatory Bodies

Mitigating factors should be considered while imposing penalty for anti-competitive behavior: NCLAT imposes 1% penalty of the turnover on Geep Industries

“…penalty @1% of the turnover for each year of continuance of the cartel would be appropriate penalty in keeping with the extent and seriousness proportionality of the anti-competitive behavior of Geep Industries.”.

Case Briefs High Courts

Karnataka High Court slams the State authorities for delaying the reconstruction of a village school demolished to widen the Mysore Highway

Coming down furiously over the respondents Karnataka High Court reprimanded them for indulging in red-tapism and being apathetic to the educational needs of the children.

Case Briefs Supreme Court

Supreme Court’s verdict on daughter’s right to inherit ancestral property before Hindu Succession Act 2005 Amendment and validity of settlement deed, explained

Since the daughter had not signed the alleged settlement deed, the Supreme Court clarified that “In a suit for partition of joint property, a decree by consent amongst some of the parties cannot be maintained”.

Case Briefs Supreme Court

Bilkis Bano – Premature release of Convicts case: Supreme Courts asks Centre and Gujarat Government to produce files and give reasons for releasing 11 convicts

The Supreme Court asked the Gujarat Government reasons behind its decision to grant remission to the 11 life convicts, who were convicted for raping Bilkis Bano and murdering her family members