Case Briefs Archives

Delhi High Court considers multiplicity of cheque bounce cases vis-a-vis Section 219 CrPC; issues notice to NCTD

It was alleged that each alleged ‘dishonour’ comprised of a separate offence and even if committed on the same date (i.e., within the same year), not more than 03 such offences can be tried by way of a single complaint in view of section 219 Cr.P.C. There is no legal clarity on bar of filing more than three cheques in Section 138 of the NI Act complaint as per Section 219 CrPC; Delhi High Court issues notice to NCTD.

Case Briefs Supreme Court

NGT can direct Pollution Board to exercise its powers under Section 5 of Environment (Protection) Act: Supreme Court

Supreme Court held that it is not necessary to make obtaining of CTE and CTO mandatory and directed the CPCB to ensure that its guidelines are scrupulously followed and once the guidelines are scrupulously adhered to, no direction to obtain CTE and CTO for starting/operating a petroleum outlet is warranted.

Case Briefs High Courts

Delhi High Court denies relief for specific performance of collaboration agreement in view of the bar under Section 14 (d) Specific Relief Act, 1963

The Collaboration Agreement is a commercial transaction between the private parties and hence the same by its very nature is determinable, even if there is termination clause in the Collaboration Agreement

Case Briefs High Courts

Principle of comity of courts is salutary in nature and cannot override the consideration of best interest and welfare of the child: Karnataka High Court

The Karnataka High Court, while deliberating over a father’s prayer seeking repatriation of his minor son to Germany, dismissed the petition on ground of the child’s best interests and allowed the son to remain with his mother in India.

Case Briefs Supreme Court

KVAT Act| Claims of Input Tax Credit Transaction must be proven beyond reasonable doubt: Supreme Court

The Supreme Court stated that if the purchasing dealer fails to establish and prove the said important aspect of physical movement of the goods alleged to have been purchased by it from the concerned dealers and on which the ITC have been claimed, the Assessing Officer is absolutely justified in rejecting such ITC claim.

Case Briefs High Courts

Delhi High Court directs Government to grant age relaxation of two years as a ‘one time measure’ for the post of Sepoy Pharma in Indian Army

The Delhi High Court directs Government to grant age relaxation of two years as a ‘one time measure’ for recruitment of the post of Sepoy Pharma in Indian Army.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Do Third-party/shareholders have locus to challenge initiation of CIRP against Corporate Debtor? NCLAT answers

The NCLAT held that there is no law which allows a third party or shareholders to settle the claims of Financial Creditor on behalf of the Corporate Debtor, M/s McDowell Holdings Limited.

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

Builder not giving possession on time; NCDRC slams with compensation for delay in delivery of possession

In another case of delayed possession of flats by builder in Gurugram, NCDRC directed the builder to compensate the homebuyers for delay and differences of brochure and builder homebuyer agreement.

Case Briefs High Courts

Delhi High Court dismisses PIL by Subramanian Swamy against Union approval for JV partnership between Air Asia Investments Ltd and Tata Sons

The Union decision is contrary to the FDI Policy of the Government of India and contrary to the guidelines laid down by the Union Ministry of Civil Aviation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC allows Rs 20 lakhs compensation to patient suffering 80% disability; reiterates doctor’s legal obligations to patients

Accepting the exceptionally challenging nature of treatment of high voltage burns, NCDRC held the doctor liable to the extent of performing LD Flap surgery, otherwise recommended to be performed by plastic surgeons.

Case Briefs High Courts

Bombay High Court dismisses petition by Air India Employees Union alleging their ‘right to occupy’ allotted accommodations after privatization

Bombay High Court observed that if such a small number of employees continue to hold on to the accommodations, the AIAHCL will not be able to monetize the land to reduce the burden of debt AIL put on it.

Case Briefs Supreme Court

Judicial Appointments| Supreme Court directs Madhya Pradesh High Court to fill 10% seats by Limited Departmental Competitive Examination

Supreme Court did not agree with the MP High Court’s consideration and dismissal of the present matter as reliefs sought under the Writ of Quo Warranto.

Case Briefs High Courts

Whether employees of a company alone can be prosecuted and held liable without arraignment of the company as an accused? J&K and Ladakh High Court answers

The Jammu and Kashmir and Ladakh High Court held that vicarious liability of a company’s directors can be imputed as per the statutory provisions in cases where a company is an offender.

Case Briefs Supreme Court

Juvenile Justice| Supreme Court directs release of death row convict in minor’s kidnap, rape, and murder case; holds incarceration for more than 3 years illegal

In the case at hand, the juvenile had already undergone incarceration of more than 5 years which was against Section 18 of the J.J. Act, 2015. The Supreme Court noted that the intention of the legislature was to give benefit to a person who is declared to be a child on the date of the offence only with respect to its sentence part.

Case Briefs High Courts

Delhi High Court expunges extra judicial remarks passed against police officials and investigating agencies while hearing a bail application

Departmental action is a serious issue that can affect the career of police personnel or any other public official for that matter and to make observations/directions in a cursory and casual manner is unwarranted.

Case Briefs High Courts

Gauhati High Court directs Assam Government to properly implement policies framed in pursuance of Right to Education Act

Gauhati High Court was deliberating over a PIL filed to highlight ineffective implementation of State govt.’s policies framed as per the mandate in Section 12(1)(c) of RTE Act, 2009

Case Briefs Supreme Court (Constitution/Larger Benches)

Bhopal Gas Tragedy| Supreme Court Constitution Bench dismisses Centre’s plea for enhanced compensation from Union Carbide Corporation

The Supreme Court however, ordered that a sum of Rs 50 crore lying with the Reserve Bank of India be utilized by the Center to satisfy the pending claims, if any, in accordance with the Bhopal Gas leak Disaster Act, 1985 and schemes framed thereunder.

Case Briefs High Courts

Delhi High Court directs Indian Embassy in Tashkent to ensure medical care and proper legal representation of the Indian national arrested in Uzbekistan

The petition was filed by the sister of Mr. Raghwendra Pratap Singh, an Indian national who has been arrested in Uzbekistan and is hereby seeking consular access and legal representation.

Case Briefs High Courts

“Total negligence and lapse on part of the jail authorities in providing medical treatment”; Bombay High Court awards compensation to family for death in custody

Bombay High Court directed the State of Maharashtra to pay compensation of Rs 10 lakhs to the petitioners and left the State at liberty to recover the same from officers at fault.

Case Briefs High Courts

Delhi High Court sets aside the rejection of the professional wrestlers made by the Oversight Committee of M.C Mary Kom, Yogeshwar Dutt and Babita Phogat

The Court was of the view that the purpose of the trials was to ensure that the best sports persons participate in the championship and the exclusion of National Games appeared to have adversely affected the petitioners.