Case Briefs Archives

Delhi High Court summons ADM, Delhi Balram Meena and ADM Rakesh Dahiya for alleged missing of valuable land records from the office of sub-registrar

These are valuable lands to which these documents relate and thus, the missing of such records has a significant bearing on the rights of citizens and there is a threat of misuse of the documents.

Case Briefs High Courts

Magisterial custody cannot be challenged by a writ of Habeas Corpus: Manipur High Court

The Manipur High Court held that where a person is taken into custody by an order of Magistrate, then such order cannot be challenged by Writ of Habeas Corpus as the detention cannot be termed as illegal.

Case Briefs High Courts

Elected Ward Members of Wangbal Gram Panchayat are “public servants” under the Prevention of Corruption Act, 1988: Manipur High Court rejects anticipatory bail of the Ward Members

The Manipur High Court rejected anticipatory bail to the elected Ward members of the Panchayat who were charged for fraudulently misappropriating huge Government money.

Case Briefs Supreme Court

Explained| Inter-State transfer of suit, appeal or other proceedings: Supreme Court’s power under Section 25 CPC versus Common High Courts’ power under Section 24 CPC

The Supreme Court settled the issue relating to the scope and ambit of Section 24 vis-à-vis section 25 of the CPC that arose in view of the peculiar circumstances relating to transfer of a suit wherein two States share a common High Court as provided under Article 231 of the Constitution of India.

Case Briefs High Courts

What are the important factors which can take away the rigor of ingredients pertaining to S. 375 and S. 376 of IPC? Karnataka High Court answers

Karnataka High Court observed that consent of a woman on a promise to marry is always an enigma.

Case Briefs Supreme Court

[Corrigendum] S.R. Bommai v. Union of India, (1994) 3 SCC 1

Corrigendum (1994) 3 SCC 1—S.R. Bommai v. Union of India Para 110 is corrected as follows: At page 122b for

Case Briefs Supreme Court

Protection of Wild/Captive Elephants| Supreme Court empowers High-Powered Committee constituted by Tripura High Court; extends jurisdiction to PAN India

Supreme Court empowered the High-Powered Committee constituted by Tripura High Court with jurisdiction across India for advancement of the cause of welfare, care and rehabilitation of elephants and other wild animals.

Case Briefs High Courts

Delhi High Court directs GNCTD to undertake special recruitment drive for filling up backlog of vacancies for Persons with Disabilities

The present PIL was filed by the National Federation of the Blind challenging the inaction on the part of the State (respondent) in filling up the vacancies which are reserved for Blind and Low Vision candidates.

Case Briefs High Courts

Electricity connection cannot be refused due to outstanding dues of erstwhile owner: Jharkhand High Court

Jharkhand High Court quashed the communication by JBVNL rejecting electrical connection due to outstanding dues of the erstwhile owner of the premises.

Case Briefs Supreme Court

Review application cannot be used as an Appeal in disguise, reiterates Supreme Court

“An erroneous order may be subjected to appeal before the higher forum but cannot be a subject matter of review under Order 47 Rule 1 CPC”, stated the Supreme Court

Case Briefs High Courts

Delhi High Court reprimands owners of TVF web series ‘College Romance’ over “obscene, lascivious and profane language”

The Delhi High Court upheld the order of ASJ to register an FIR under the provision of the Information Technology Act, 2000 against the petitioner, however, clarified that the same does not include the direction to arrest any of the accused or petitioner.

Case Briefs High Courts

Delhi High Court directs the Passport Authority to expeditiously decide Mehbooba Mufti’s fresh passport application

The Central Government Standing Counsel apprised the Court of the order dated 02-03-2023 which had set aside the order dated 26-03-2021 and remanded back the matter to the Passport office for re-examination.

Case Briefs Supreme Court

Explained| Why Supreme Court dismissed MSEDCL’s appeal against compensation to Adani Power and GMR Warora Energy due to ‘Change in Law’?

The Supreme Court upheld the judgement passed by the APTEL after observing that the generating companies were entitled to compensation so as to restore them to the same economic position, if the Change in Law had not occurred.

Case Briefs Tribunals/Commissions/Regulatory Bodies

[Relief for Homebuyers] NCLT approves resolution plan of Suraksha Realty in Jaypee Infratech case

The National Company Law Tribunal (Delhi Bench) passed orders in favour of aggrieved homebuyers ordering JAL/JIL/Jaypee/RP to continue with adjusting the delay compensation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Advance paid for purchase of shares of Corporate Debtor does not fall under definition of Financial Debt: NCLT

NCLT held that the amount of advance paid for purchase of shares of the Corporate Debtor does not fall under the definition of Financial Debt as it was not disbursed against the consideration for the time value of money.

Case Briefs High Courts

Delhi High Court allows a woman to terminate 28 weeks pregnancy due to existence of “substantial foetus abnormalities”

The Delhi High Court allowed termination of 28 weeks pregnancy of a woman as the Medical Board from AIIMS diagnosed some “substantial abnormalities” in the foetus.

Case Briefs High Courts

Delhi High Court grants bail to an accused alleged of duping customers into taking loans through Chinese mobile application ‘Agile Loan’

It is the case of the prosecution that the present applicant helped other Chinese nationals who were responsible for building the loan app and facilitating the opening of bank accounts of non-existent companies for the transfer of duped money.

Case Briefs High Courts

Availability of Alternative Remedy is not an absolute Bar to challenge re-opening of assessment: Madhya Pradesh High Court

The Madhya Pradesh High Court held that alternative remedy is not absolute bar for examining conditions to issue reassessment notice and admitted the petitions for the final hearing.

Case Briefs Supreme Court

Supreme Court emphasises on Appellate Courts’ limited scope in remanding back the matter for a de novo trial

The remand in the present case could only be correlated with Rule 23-A of Order XLI CPC and for its applicability, the necessary requirements were that “the decree is reversed in appeal and a re-trial is considered necessary”, thus, the Supreme Court held that the remand in the present case was not justified.

Case Briefs High Courts

Delhi High Court holds plea regarding ‘invalidity of registrations’ granted in favour of the trademark BURGER KING as untenable

Delhi High Court observed that no issue regarding the validity of the registrations of trademarks of the plaintiff is liable to be framed in the facts and circumstances of the present case.