Case Briefs Archives

Specific Relief| Supreme Court shows dismay over Trial Court & Telagana HC’s orders allowing “hopelessly delayed” application seeking extension of time filed after 853 days; sets aside order

The Supreme Court was unimpressed with the explanation given by the plaintiff for the delay of 853 days that he initially fell sick with Jaundice and was later confined to house with High Blood Pressure, Diabetes and other diseases. The petition had extension of time to deposit the balance sale consideration of Rs. 15,00,000/-.

Case Briefs High Courts

Delhi High Court clarifies the position of Res Judicata with respect to Section 11 of the Arbitration Act

Delhi High Court was of the view that it would be within its right to dismiss the petition at the threshold if the petition is not maintainable, otherwise an unacceptable position of law would arise where despite a petition being not maintainable due to lack of territorial jurisdiction would need to be entertained.

Case Briefs High Courts

Delhi High Court allows late registration of a class XI student for Board exams with CISCE subject to payment of pending fees

The Court remarked that any order/direction passed by the instant Court may not be construed as extending any concession to the student in payment of fees to the school, which is a private unaided school.

Case Briefs High Courts

Madras High Court | Section 138 NI Act: Bribe for securing job cannot be held as a loan or money transaction

The accused not only cheated the complainant and committed an offence under Sections 420 IPC, but also, as a public servant, he obtained other than the legal remuneration and committed offence.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT provides time-bound opportunity to Resolution Professional and CoC to revive Corporate Debtor

In a case related to rejection of Resolution Plan by the Adjudicating Authority, which was once approve the Adjudicating Authority, the Tribunal opined that the Adjudicating Authority was right on non-approval of the Resolution Plan as the Adjudicating Authority’s order was not followed in its true spirit.

Case Briefs District Court

“Claim based on oral agreement is outrightly unacceptable”; Gurgaon District Court dismisses Property Suit

While dealing with a suit for execution of sale deed of property filed in 2014, which was allegedly bought in 1992 through oral agreement, the Gurgaon District Court found the same based on forged and fabricated documents and refused to allow the claim.

Case Briefs High Courts

Delhi High Court | Uniform for advocates to have white band not black ties; Interns to wear white shirt and black ties along with black pants and black coats

Under the Advocates Act, 1961, Section 49 vests powers in the Bar Council of India to make rules over a variety of subject matters.

Case Briefs High Courts

Foreign Court Judgments not conclusive, rights under special enactments can’t be denied on their basis: Madras High Court

Madras High Court held that the wife is entitled to institute and maintain matrimonial proceedings, DVC proceedings and any other proceedings under the relevant Statutes in Indian Courts having jurisdiction for appropriate reliefs.

Case Briefs High Courts

‘NOVAEGIS’ is phonetically identical and deceptively similar to ‘NOVARTIS’; Delhi High Court grants ad-interim injunction in favour of ‘NOVARTIS’

The Delhi High Court opined that ‘NOVAEGIS’ was, phonetically identical to ‘NOVARTIS’, when tested from the point of view of a customer of average intelligence and imperfect recollection and thus, granted ad-interim injunction in favour of ‘NOVARTIS’.

Case Briefs Supreme Court

Insurance Contract must be read as a whole with attempt to harmonise the terms; Supreme Court reiterates

The matter pertains to death of a Constable during election duty and claim of insurance raised after more than 7 years of the incident, wherein, the liability of insurance company and Election authorities was in question before the Supreme Court.

Case Briefs High Courts

Delhi High Court dismisses PIL seeking a direction to conduct a “Special Audit” of all the financial affairs of Delhi Sikh Gurdwara Management Committee and Guru Harkrishan Public School (New Delhi) Society

The DSG Management Committee and the GHPS Society are formed and governed by the DSG Act, a central piece of legislation, which has no provision for conducting an audit by the CAG.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT stays Insolvency proceeding against Zee Entertainment Enterprise Ltd

The NCLAT granted interim relief to Zee Entertainment Enterprises Ltd (ZEEL) by staying bankruptcy proceedings against them, after the NCLT admitted S. 7 application and directed the initiation of CIRP against the Corporate Debtor/ZEEL.

Case Briefs Supreme Court

Supreme Court directs District Coastal Zonal Management Authority to decide on the question of demolition of edible oil pipeline in Chennai

Supreme Court stated that the appellants may approach the relevant Coastal Zonal Management Authority within a period of one month as regards to laying down the pipelines was concerned which will be considered by any application made in regard to the continued use of the pipeline.

Case Briefs High Courts

Whether the statement of deceased to the police and treating doctors pass the test of dying declaration? Allahabad High Court answers

Allahabad High Court reiterated that the dying declaration recorded by a police officer, can be acted upon if the same is found to be true, coherent, consistent, and free from any effort to prompt the deceased to make such a statement.

Case Briefs High Courts

[RSS Route-March] Madras High Court: Single Judge cannot modify order passed in writ petition, while exercising jurisdiction under a contempt petition

Madras High Court held that that the order passed in writ petition had been fundamentally modified by the order passed in the contempt petition, the effect of which resulted in a veiled attempt to sit in judgment/appeal over the order passed in the writ petition, which is not permissible in law.

Case Briefs Supreme Court

Classification of posts and determination of pay structure falls within Executive’s exclusive domain, Courts and Tribunals should not interfere; Supreme Court reiterates

“The wisdom and advisability of the Courts in the matters concerning the finance, are ordinarily not amenable to judicial review unless a gross case of arbitrariness or unfairness is established by the aggrieved party.”, observed Supreme Court

Case Briefs High Courts

Delhi High Court permits Kabaddi players to travel to Iran to participate in Junior World Kabaddi Championship (Boys) after SAI rejected participation on medical grounds

The petition was filed by Mr. Rohit Kumar and Mr. Narender, Kabaddi players being selected for the Junior World Championship (Boys) which is scheduled to commence on 26-02-2023 at Urmia, Iran.

Case Briefs Supreme Court

EXPLAINED| Why Supreme Court allowed AIADMK leader E. Palaniswami to continue as the interim general secretary

Courts should not interfere in the internal issue of a party and leave it open to the party and its members to take a particular decision for better administration, stated Supreme Court

Case Briefs High Courts

False implication in sexual offences is on a rise, thus inordinate delay in lodging FIR has to be considered at the time of adjudicating bail: Allahabad High Court grants bail to persons accused of Rape

Allahabad High Court granted bail to persons accused of Rape after considering the facts and circumstances of the case, submissions made by the parties, the evidence on record, the inordinate delay in lodging of the FIR by the informant and the fact that the trial is at its conclusive end,

Case Briefs High Courts

Date of birth mentioned in Matriculation Certification granted by CBSE must be accorded highest preference: Patna High Court

The Patna High Court directed the Regional Passport Officer to issue fresh passport to a girl by correcting her date of birth and held that the date of birth mentioned in Matriculation Certification granted by CBSE must be accorded highest preference