Case Briefs Archives

Ukraine War Crimes: ICC issues arrest warrants against Russian President Vladimir Putin and Official Maria Alekseyevna Lvova-Belova

In a significant move, the International Criminal Court in a press release informed the world at large that it is issuing arrest warrants against Russian President Vladimir Putin and Russian Commissioner for Children's Rights, Maria Alekseyevna Lvova-Belova in connection to commission of war crimes during Russia's invasion of Ukraine in February 2022

Case Briefs High Courts

‘Interest cannot be withheld in the absence of express provisions permitting the same’; Delhi High Court partially sets aside arbitral award for being patently illegal

The impugned arbitral award was passed without considering the clauses of the Concessionaire Agreement while adjudicating on the rate of interest to be granted, thus, suffers from infirmity and patent illegality.

Case Briefs Supreme Court

Employees of Orissa Khadi and Village Industries Board not entitled to pension on a par with Government employees; Supreme Court sets aside Orissa HC judgment

Supreme Court said that even if development of Khadi and Cottage Industry is a Directive Principle of State Policy, it does not follow as a corollary that if the State establishes a Board or any organisation to carry out the obligations under such DPSP, it cannot make separate arrangements as regards the service conditions of the employees of such a Board or organisation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

RPC fee paid by Formula One not liable to be disallowed; Second proviso to S. 40(a)(i) be given retrospective effect: ITAT

ITAT held that the second proviso to Clause (i) of Section 40(a) just like second proviso to clause (ia) of Section 40(a) was inserted to remove an anomaly and were therefore curative and declaratory in nature. Hence, it had to be given retrospective effect.

Case Briefs High Courts

Motor Accidents Claim| Can Insurance claim be recovered in case of death/bodily injuries of unauthorised passengers? J&K and Ladakh High Court answers

While deliberating over several appeals, the Jammu and Kashmir and Ladakh High Court decided the questions of liability and ‘pay and recover’ in favour of the appellant Insurance Company

Case Briefs Supreme Court

Labour Disputes| Workman’s permanent address must be mentioned, even if he/she is represented by Union: Supreme Court

The Supreme Court observed that effective relief can be granted to a worker only if the permanent address of the workman is furnished in the pleadings.

Case Briefs High Courts

Karnataka High Court finds sexual harassment in open places like malls ‘highly improbable’; quashes charges

The Karnataka High Court while expressing its shock over unlikeliness of sexual abuse in open places, quashed the charges of sexual harassment and fraud against the petitioner

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT upholds NCLT’s rejection to dislodge resolution plan against POSCO India Processing Center Private Limited

NCLAT observed that allowing present appeal holding the Successful Resolution Applicant ineligible would automatically make the resolution plan redundant.

Case Briefs Supreme Court

Explained| “Important to end a lis”: Why Supreme Court dismissed plea for enhanced compensation for Bhopal Gas Tragedy victims

The Supreme Court was of the view that the Union of India’s claim for a ‘top up’ had no foundation in any known legal principle. Either a settlement was valid, or it was to be set aside in cases where it was vitiated by fraud. However, no such fraud had been pleaded by the Center.

Case Briefs High Courts

Madras High Court imposes cost of Rs.10,000 on RDO for arbitrary refusal of Kattunayakan Community Certificate to applicant’s son and daughter

Madras High Court quashed the rejection order dated 08-11-2022 passed by the RDO with respect to the petitioner’s applications and remitted back the matters to the RDO for passing fresh orders

Case Briefs District Court

Delhi’s Patiala House Court declines injunction on publication of Harper Collins’ book on Asaram Bapu

The Court stated that the doctrine of merger of judgement and orders in common law doctrine are founded on the principles of propriety in the hierarchy of justice delivery system.

Case Briefs High Courts

Delhi High Court dismisses PIL filed seeking directions to draft and implement a comprehensive scheme to address the grievances of home buyers availing home loans

The PIL seeks formulation and implementation of a scheme that conclusively addresses the grievances of other home buyers who may not have the capacity to approach courts/forums to seek redressal against builders.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Payment received by assessee from foreign company for business support services cannot be treated as FTS under Art. 12 (5) of India Netherlands DTAA: ITAT reiterates

ITAT noted that an identical issue was subject matter of consideration of the Tribunal in assessee’s own case, hence following the precedent, the Tribunal directed that the payment received in this case cannot be treated as FTS under Article 12 (5) of India Netherlands DTAA.

Case Briefs High Courts

Applications for refund of ITC cannot be rejected merely because of suspicion without any cogent material: Delhi High Court

The Delhi High Court held that the applications for ITC refund cannot be denied merely because of suspicion without any cogent material.

Case Briefs High Courts

Kerala High Court upholds Commercial Court’s refusal to accept delayed written statement

Referring to the amended portion of Commercial Courts Act, 2015 with Supreme Court’s interpretation, Kerala High Court found the Commercial Court’s refusal for acceptance after delay in filing written statement beyond 120 days justified.

Case Briefs High Courts

All unilateral appointments of arbitrators are not invalid: Calcutta High Court

Calcutta High Court held that all the unilateral appointment of arbitrators is not invalid unless the arbitrator’s relationship falls within the Seventh Schedule to the Arbitration and Conciliation Act, 1996.

Case Briefs Supreme Court

Initiation of IBC proceedings does not absolve Company Directors/Signatories of criminal liability under Section 138 NI Act: SC

The Supreme Court observed that the scope of nature of proceedings under the two Acts are quite different and would not intercede each other.

Case Briefs High Courts

Bombay High Court dismisses petition against Uddhav Thackeray in disproportionate assets case

While dismissing the petition seeking ED/CBI probe in Uddhav Thackeray income source along with other office bearers of Shivsena party, Bombay High Court held the same to be an abuse of the process of law.

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

Eknath Shinde v Uddhav Thackeray | Supreme Court Constitution bench reserves judgment

Supreme Court reserves judgement in the Maharashtra political crises after hearing rigorous, head-strong arguments from both the Shiv Sena factions for more than a month.

Case Briefs High Courts

Woman’s consent to man’s company cannot be inferred as a consent to sexual liaison: Delhi High Court dismisses bail application of a spiritual guru

The Delhi High Court denies bail to a spiritual guru who on the pretext of helping a woman perform the last rites of her husband, was alleged of having sexual liaison with her.