Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

Application U/S 7 IBC not maintainable if Financial Creditor steps into the shoes of Operational Creditor; NCLAT upholds NCLT’s order

NCLAT held that the application preferred by the appellants in the second appeal under S. 7 IBC has rightly been held to be not maintainable and was rightly relegated to avail their remedy of filing the application under S. 9 IBC in relation to invoice discounting of the receivables by the seller.

Case Briefs High Courts

Frame guidelines for providing adequate number of toilets and sanitary napkins dispenser facilities to girls in schools: Patna High Court

The Patna High Court opined that when guidelines for providing toilets and sanitary napkin dispenser facilities for girls in schools were issued, the District Administration or the local bodies could be entrusted with the establishment and maintenance of such facilities in a seamless manner.

Case Briefs High Courts

‘Child not comfortable with her mother’; Patna High Court upholds Family Court’s decision of giving daughter’s custody to her father

The Patna High Court observed that the daughter wanted to reside with her brother and father and was not comfortable in staying with her mother, thus, the Court upheld the Family Court’s decision of giving the daughter’s custody to her father.

Case Briefs Supreme Court

Supreme Court deprecates condition of deposit for bail in offences u/s 132 GST Act

The Supreme Court said that onerous condition requiring deposit of Rs. 2 crores cannot be imposed for bail.

Case Briefs Supreme Court

Assessee not entitled to deduction u/s 80-IB of Income Tax Act on Duty drawback / DEPB Schemes profit: Supreme Court

The Supreme Court affirmed the order passed by the High Court stating that the respondent assessee was neither entitled to the deductions nor profit earned under Section 80-IB on the amount of DEPB as well as Duty Drawback Scheme.

Case Briefs High Courts

Electoral officers do not have any jurisdiction to search or seize any material before the announcement of elections: Karnataka High Court

Election officers had seized a sizable number of rice bags from the petitioner’s premises apprehending that petitioner was trying to get undue benefit in the upcoming Karnataka Legislative Assembly elections.

Case Briefs High Courts

Delhi High Court affirms Dart Properties Private Limited’s right to walk, take over and run cinema hall as Reliance Mediaworks subsidiary CVPL defaults Rs 50 Lakhs payment

The Delhi High Court observed that Cinema Ventures Private Limited, the defaulting entity, neither filed the undertaking as assured to the court nor made any payment but rather continued to be in the possession of the property.

Case Briefs High Courts

Delhi High Court upholds ban on flavoured/ scented Tobacco, Gutka, Pan Masala; holds ‘Ban’ is a policy decision not subject to judicial review

The Delhi High Court held that Pan masala, gutka or any other form of chewing tobacco is meant for human consumption will fall under the ambit of Section 3(1)(j) of Food Safety and Standards Act, 2006.

Case Briefs Supreme Court

Supreme Court | 74-year-old lawyer gets bail in abetment of suicide case

In the case at hand, a man had shot himself dead following a monetary dispute with the 74-year-old Advocate’s sone and two others.

Case Briefs Supreme Court Supreme Court (Constitution/Larger Benches)

WhatsApp v Right to Privacy: New Data Protection Bill ready to be tabled in Monsoon Parliament Session, informs Centre; Supreme Court defers hearing

The issue before the Supreme Court pertains to the question whether WhatsApp’s privacy policy which was introduced in January 2021 is in violation of right to privacy under Article 21 of the Constitution of India.

Case Briefs High Courts

Right to food under Art. 21 includes right to food with hygiene: Gujarat High Court dismisses plea to re-open Surat meat shops

The Gujarat HC has observed that right to freedom of trade may be a fundamental right, but not a carte blanche. The right to free trade in food items like meat, or any such food has to be sub-serving to public health and food safety requirements.

Powers of High Court under Section 482 of CrPC

Case Briefs Supreme Court

High Courts have very limited jurisdiction at the stage of discharge or while exercising its powers under S.482 CrPC: Supreme Court

The Supreme Court held that Punjab & Haryana High Court has exceeded in its jurisdiction in quashing the entire criminal proceedings in exercise of the limited powers under Section 482 CrPC and/or in exercise of the powers under Article 226 of the Constitution

Case Briefs High Courts

‘Injured lawyer’s complaint cannot be dismissed because he has drafting skills’; Delhi High Court denies anticipatory bail plea

The Delhi High Court reprimanded the contention of the applicant stating that since the complainant was a lawyer and was, thus, well aware about nuances of writing a complaint and had, therefore, twisted the facts and police had lodged a false complaint against the applicant. It was opined that a person’s profession of being an advocate cannot be held against him.

Case Briefs District Court

Mumbai Court acquits 4 gang rape accused persons after finding victim’s statement untrustworthy

The Court said that there is several room for doubt about the prosecution story regarding forcible sexual intercourse, the medical evidence is not supportive to the version of the victim that there was forcible intercourse or that there was any physical assault on her.

Case Briefs High Courts

Objectionable Facebook comments against Lord Shiva: Allahabad High Court refuses to quash proceedings

Allahabad High Court said that offences of the kind that have a tendency to promote hatred between classes of people or communities, have to be put down with a heavy hand. These offences cannot be permitted to flourish in society by adopting a soft-pedalling approach at the cost of widespread damage to the community.

Case Briefs Supreme Court

Pronouncing unprepared judgments is gross negligence and callousness of Judicial Officer; SC upholds Civil Judge’s dismissal

The Supreme Court upheld the penalty of dismissal of Civil Judge and said that providing an unprepared judgment, fait accompli, is completely unacceptable and unbecoming of a Judicial Officer.

Case Briefs High Courts

Patent infringement requires copying only ‘essential features’ of suit patent; Delhi High Court refuses to grant injunction

The Delhi High Court observed that “Dichotomizing the claims and the accompanying specifications is, therefore, contrary to the most fundamental canons of patent law.”

Case Briefs Supreme Court

Amended Section 153C of the Income Tax Act, 1961 applicable retrospectively to searches conducted prior to 2015 Amendment: Supreme Court

The amendment in Section 153-C of the Income Tax, 1961 was brought and the words “belongs or belong to” were substituted by the words “pertains or pertain to” after a ruling by Delhi High Court in Pepsico India Holdings Private Limited v. ACIT, 2014 SCC OnLine Del 4155.

Case Briefs High Courts

Madras High Court directs Passport Office to process passport application of Sri Lankan refugee

A refugee is neither here nor there. His fate hangs in the balance. He is at some point above ground level in the air in a supportless state – Kraiavin tarkalat tamil akarati

Case Briefs Supreme Court

No penalty leviable under Section 271-C of Income Tax Act on mere belated remittance of TDS by assessee: Supreme Court

The Supreme Court observed that the consequences on nonpayment or belated remittance of the TDS would be under Section 201(1A) and Section 276-B of Income Tax Act, 1961.