Case Briefs Archives

Case Briefs Tribunals/Commissions/Regulatory Bodies

ITAT| Hospitals providing medical facilities on a commercial basis are not charitable organisations; Not exempted from income tax

ITAT upheld the order of the CIT and said that the assessee had only provided treatment to a few patients at concessional rates, which was less than 1% of the revenue of the assessee. Thus, the activities of the assessee cannot be said to be charitable activities and it is not entitled for registration or approval under section 10(23C) or 12A of the Income Tax Act.

Case Briefs Supreme Court

Unfair to deny tribal women right to equal share in father’s property when same right is available to non-tribal women; SC suggests Centre to amend Hindu Succession Act

The observation came in a case where the Supreme Court had to deny, a woman belonging to Scheduled Tribe, the right of survivorship in her father’s property as Section 2(2) of the Hindu Succession Act specifically excludes the female members of the Scheduled Tribe.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Tyre Cartelization Matter | NCLAT remanded matter back to CCI; asks to review fines to save domestic tyre industry

National Company Law Appellate Tribunal | In a landmark judgment related to cartelization activities of five major domestic tyre manufactures

Case Briefs High Courts

J&K and Ladakh HC directs Govt to constitute high-level Committee to enquire into JKSSB’s “brazen illegalities” in awarding tenders for conducting recruitment exams

In an elaborate legal analysis, along with scathing observations, the J&K and Ladakh HC stated that JKSSB's actions in favouring one blacklisted agency to conduct recruitment exams, have doomed the future of many aspirants and put a question mark over its own efficacy.

Case Briefs High Courts

Imprisonment before conviction is a sort of punishment especially when rate of conviction is low; Punjab & Haryana High Court grants bail to the accused

Punjab and Haryana High Court held that when the accused is coming forward to face trial and is undertaking to appear before Court, no prejudice will be caused to the prosecution or complainant in granting bail to the petitioner.

Case Briefs High Courts

First-year law student appears as proxy counsel before Trial Court; Delhi High Court quashes FIR but after cautioning law students from indulging in such acts

The Delhi High Court observed that a law student shall not represent a party or provide legal counsel in any legal proceeding before a court of law before being properly enrolled by a bar council and being admitted to the bar.

United States Court of Appeals (Seventh Circuit)

Case Briefs Foreign Courts

US Court of Appeals (7th Circuit) reverses bar on enforcement of Indiana law requiring abortion providers to dispose of foetal remains either by burial or cremation

The court has reversed the US District Court order that had barred the enforcement of a law passed by Southern District of Indiana, requiring the medical providers to dispose of foetal remains via burial or cremation instead of as “medical waste” stating that the law violated the First Amendment.

Case Briefs High Courts

Punjab and Haryana High Court | FSL report forms the foundation of NDPS cases; its absence renders Section 173 CrPC report insufficient

Punjab and Haryana High Court granting bail to the petitioner emphasised that the NDPS cases can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally done through FSL.

Case Briefs Tribunals/Commissions/Regulatory Bodies

NGT | Necessary safeguards to be adopted for safety of the pilgrims and protection of environment at Amarnath

The Government of Jammu & Kashmir is committed to make the Yatra, environment friendly and is bound to always comply with the environmental norms and is committed to ensure that such disasters are never repeated in future.

Case Briefs High Courts

‘Sentencing policy’s twin objective is deterrence and correction’; Bombay High Court reduces POCSO convict’s sentence in a 7-year-old’s sexual assault case

The Court observed that the convict was a young boy of 20 years, who has no father, and was shouldering the responsibility of his widowed sister and her son, hence, imprisonment for a term of 14 years would be adequate, to teach him a lesson.

Case Briefs High Courts

Can a wife claim maintenance under S. 125, CrPC after obtaining a maintenance order in her favour under DV Act? Bombay HC answers

Bombay High Court: In a case where simultaneous maintenance claims were under different enactments, S.G. Mehare, J., held that mere

Case Briefs High Courts

Bombay High Court temporarily injuncts Griffon Biometrix Pvt Ltd. from using the word GRIFF or GRIFFON; Usage of the same amounts to infringement and passing off

Prima facie, it appears that the defendant entered the market with the impugned mark in the year 2018, only to ride upon the goodwill earned by the plaintiff over a considerable period.

Case Briefs High Courts

Punjab and Haryana High Court grants compensation to an unmarried daughter under Motor Vehicles Act

Punjab and Haryana High Court while disposing of the appeals challenging compensation awarded by Motor Accidents Claims Tribunal held, unmarried daughter is financially dependent on her deceased father and entitled for compensation.

Case Briefs High Courts

Opinion of the Medical Board in cases of termination of pregnancy is of considerable importance; Delhi High Court enlists standard factors on which the Opinion should be given by the Board

Delhi High Court: In a case filed seeking termination of pregnancy under the Medical Termination of Pregnancy Act, 1971 (MTP

Case Briefs Supreme Court

Refusal to maintain senior citizen not a ground for cancellation of Gift or Release deed in absence of specific condition for providing maintenance: SC

“When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after the senior citizen is not necessarily attached to it.”

Case Briefs High Courts

[NOXGUARD v. NONS] Bombay HC denies interim relief to Canadian pharmaceutical company in a confidentiality agreement breach suit

Bombay High Court: While addressing a case relating to confidentiality agreement breach, the Division Bench of Arif S. Doctor and K. R.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Timeline laid by Supreme Court cannot be extended by NGT: National Green Tribunal

National Green Tribunal | A bench comprising of Adarsh Kumar Goel (Chairperson), Sudhir Agarwal (Judicial Member), JJ., and A. Senthil

Case Briefs Tribunals/Commissions/Regulatory Bodies

Date of default and acknowledgement are two different events; NCLAT imposes penalty of Rs. 25 lakhs for attempting to stop implementation of a RERA order

National Company Law Appellate Tribunal | While dealing with an appeal challenging the impugned order passed by NCLT, Ashok Bhushan*, J., Dr.

Case Briefs High Courts

Karnataka HC | Healthcare Global Enterprises’ loss of profit due to price regularisation of essential anti-cancer drugs, is not a ground for judicial review of a Government Policy

A Government Order regulating, and rationalising prices of essential anti-cancer drugs was challenged before the Karnataka HC. The Court clearly stated that the challenge vis-a-vis petitioner’s loss of profit, cannot be sustained

Case Briefs High Courts

Reappointment is not a vested right; Gujarat High Court denies to grant any direction to complete the reappointment process of a Judicial Member at NCLT

Gujarat High Court held that a writ cannot be issued to direct the authorities to complete the reappointment process on time