Case Briefs Archives

Supreme Court sets aside Punjab and Haryana HC’s reduction of sentence in rash and negligent driving case

Supreme Court said that the High Court did not properly consider the instant case of rash and negligent driving, and that the principle aim and object of IPC is to punish offenders.

Case Briefs High Courts

Delhi High Court upholds bail granted to the former director of BPSL Aarti Singhal in Bhushan Steel scam

Delhi High Court observed that in absence of any cogent, supervening circumstances necessitating cancellation of bail of the respondent/accused, the Court cannot merely cancel the bail so granted.

Case Briefs High Courts

Cases where relationship turns sour cannot be inferred that the physical relationship established on every occasion was against will; Bombay High Court discharges accused in false promise of marriage

Bombay High Court commented that refusal to discharge the accused merely with an observation that intercourse was forcible at some time cannot be said to be a justified exercise of power.

Case Briefs High Courts

Delhi High Court refuses bail to Justdial employee alleged of duping people on the pretext of getting their loans sanctioned under the ‘PM Mudra Loan’

Delhi High Court noted that the applicant was working at Justdial in December 2016 as a Relationship Manager and was actively involved in supplying data to his co-accused persons and his link with the said co-accused persons.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT cannot condone delay beyond 15 days in appeal due to lack of jurisdiction even if fraud has been played

National Company Law Appellate Tribunal observed that as per S. 61(2) every appeal must be filed within 30 days before the Appellate Tribunal and the Appellate Tribunal has the jurisdiction to extend the period of 15 days if it is satisfied that there is a sufficient cause for not filing the appeal within the prescribed time.

Case Briefs High Courts

Delhi High Court directs MoEF to review DOAS technology for regulatory measurements of ambient air quality under NAAQS

The Review Report submitted by IIT Kanpur on DOAS Technology for the Measurement of Gaseous Air Pollutants in Ambient Air recommended DOAS technologies for regulatory measurements of ambient air quality under NAAQS.

Case Briefs High Courts

Insurance Companies have right to repudiate claim on non-disclosure of existence of previous policies during taking any fresh policy: Allahabad High Court

Allahabad High Court rejected the contention of the petitioner that since forms are filled up by the agents/officers of LIC, anything omitted would not constitute ground for repudiation/rejection of the claim.

Case Briefs High Courts

Interim Relief to ‘Phonepe’ denied in trademark infringement suit; Trademarks ‘phonepe’ and ‘postpe’ have no phonetic similarity: Bombay High Court

The court while denying the interim relief to ‘Phonepe’ said that it is settled law that when the plaintiff fails to make out a prima facie case in its favor, the aspects of grave and irreparable loss in the absence of interim reliefs and balance of convenience pale into insignificance.

Case Briefs District Court

‘Minor’s statement not trustworthy’; Dhanbad POCSO Court acquits accused of rape

Dhanbad POCSO Court said that allegation of informant based on an inquiry in a secret manner that rape, and unnatural offence has been committed against victim child could not be established and prosecution’s case against the accused persons remains doubtful.

Case Briefs High Courts

Promissory estoppel inapplicable in a situation where a student has knowledge about failure in examination: Orissa HC holds ‘Charan Panda case’ to be bad in law

Orissa High Court said that it is no doubt true that the Courts have, more often than not, leaned in favour of the students, but as the things stand, a line must be drawn between cases where there have been a bona fide error and cases where the circumstances are dubious.

Case Briefs High Courts

Services provided by EY India to overseas EY entities are not “intermediary services”; Delhi High Court directs processing of ITC refund applications filed by EY India

The Delhi High Court held that Ernst and Young Ltd. is not an ‘intermediary’ under the IGST Act, as it does not arranges or facilitates services to overseas EY entities from the third parties but only renders services to them.

Case Briefs High Courts

Kanpur Bar Association Strike| Seven-Judge Bench of Allahabad HC directs Kanpur Lawyers to resume work

7-Judge Bench of Allahabad High Court said that despite sincere efforts being made by this Court, the lawyers are adamant not to perform their work in the Court and their actions are creating hurdle in dispensation of justice, which is nothing but a sort of contempt of Court.

Case Briefs Supreme Court

‘Possible that the entire story was a complete set-up by police’; Supreme Court set aside conviction in rioting, criminal trespass and murder case

The Supreme Court doubted the prosecution’s story due to various lacunas existing in it, the manner in which the investigation was conducted and the material inconsistency in the statements of the eyewitnesses.

Case Briefs High Courts

Allahabad High Court condemns ASI for not filing carbon dating report of Shivlingam inside the Gyanvapi Mosque

Allahabad High Court said that things cannot be kept pending for long when the matter has an element of high publicity all over the country. This Court will not permit any authority to occasion delay on the pretext of the submission of the desired report of the Archaeological Survey of India.

Case Briefs High Courts

Delhi High Court refuses bail to former AAP leader Satyender Jain, co-accused Vaibhav Jain and Ankush Jain in money laundering case

The petitioner Satyendar Kumar Jain is an influential person and has the potential to tamper with the evidence as indicated by his conduct during custody.

Case Briefs Supreme Court

28 years later, Supreme Court sets aside death penalty of man, after finding him juvenile during the commission of multiple murders

Supreme Court said that the degree or dimension of the offence should not be the direct approach of the Court in its inquiry into juvenility of an accused or convict.

Case Briefs High Courts

Suits not to be dismissed on technical grounds of procedural irregularity: Delhi High Court

The Delhi High Court opined that that technicalities and procedural defects, which do not go to the root of the matter, should not be permitted to defeat a just cause, more so in cases where suits are initiated or defended on behalf of public corporations.

Case Briefs Tribunals/Commissions/Regulatory Bodies

State cannot escape liability for violation of environmental norms and negligence by its authorities; responsible to compensate the victims of illegal mining: NGT

NGT said that though basic liability is of violator of law, where law violator is not made to pay compensation, the State is liable to pay compensation as per its duty as a welfare State

Case Briefs High Courts

Bombay High Court upholds acquittal of a driver being accused of negligent driving and death of a bicycle driver for lack of evidence

Strange state of affairs; Neither investigating authority prepared rough map nor Trial Court took pain in recording correct directions for want of evidence

Advance Rulings Case Briefs

Supply of goods to overseas customer is treated neither as ‘supply of goods’ nor as ‘supply of services’: Karnataka AAR

Karnataka AAR said that there were two transactions involving the applicant. The first transaction is of supply of goods by the manufacturer to the applicant and the second transaction is of supply of the same goods by the applicant to an overseas customer.