Case Briefs Archives

Justice Gita Gopi, Judge Gujarat HC recuses from hearing Rahul Gandhi’s plea in Defamation Case

Gujarat High Court: In a criminal revision petition filed by Congress leader Rahul Gandhi, challenging the Surat Sessions Court's order, wherein his

Case Briefs High Courts

Punjab and Haryana High Court dismisses ‘Infructuous’ Habeas Corpus plea for releasing Amritpal Singh

Punjab and Haryana High Court had issued notice to the State in March 2023 for alleged illegal detention of Amritpal Singh by the authorities.

Case Briefs High Courts

Husband cannot be summoned in cheque bounce case for cheque issued by wife as sole proprietor of a firm: Allahabad High Court

Allahabad High Court said that in the eye of law, wife and husband have separate entity. The present case is not a case that the wife, sole proprietor of the Firm had provided the cheque signed by or on behalf of the applicant

Case Briefs High Courts

Delhi High Court gives one month time to Government to decide on the plea of Recognition of Transgender Community as third gender for free travel in DTC buses

In a petition filed for recognition of transgender community as a third gender for providing free travel to them in buses, the Delhi High Court gave one month period to the Government to decide the said matter.

Case Briefs High Courts

S. 306 CrPC does not seek to punish the approver, but to protect him from resentment of his associates in crime: J&K and Ladakh High Court

While deliberating over the petition seeking to set aside S. 306(4)(b), CrPC as unreasonable the High Court pointed out that inherent power under S. 482, CrPC can be exercised to release an approver on bail.

Case Briefs High Courts

Bereft senior citizen in-laws have the right to maintain peaceful possession of self-acquired property; Delhi High Court affirms eviction order of daughter-in-law

While interpreting the provisions of Senior Citizens Act, 2007, the Courts must bear the objectives and purposes for which the statute was enacted.

pre-reference jurisdiction of high court

Case Briefs Supreme Court

Explained| Supreme Court verdict on scope of Pre-referral jurisdiction of High Court under S. 11 of Arbitration and Conciliation Act

The limited scope of judicial scrutiny at the pre-referral stage is navigated through the test of a ‘prima facie review’

Case Briefs High Courts

Delhi High Court stays use of ‘BURGER KING’ mark in a rectification petition filed by Burger King Co. LLC against a family restaurant

In a rectification petition filed by Burger King Co. LLC against a family restaurant, the Delhi High Court stayed the operation of the mark ‘BURGER KING’ in Class 43 as it was identical to the well-known mark ‘BURGER KING’ and was likely to deceive public and create confusion.

Case Briefs High Courts

Delhi High Court directs CCI to take up applications filed by Start-up companies challenging Google’s New Billing Policy

Section 15 of the Competition Act is an enabling provision engrafted by the Legislature to overcome any inability which may accrue to statutory authorities like the CCI while acting in furtherance of the aims and objects of the Act.

Case Briefs Supreme Court

Woman’s unnatural death in matrimonial home, within 7 years of marriage, not sufficient to convict husband/in-laws for dowry death: Supreme Court

The Supreme court observed that for woman’s death to be considered dowry death under Section 304-B and 498-A IPC, the cruelty or harassment has to be soon before the death.

Case Briefs High Courts

Delhi High Court holds Officials guilty of Contempt of Court for wilful disobedience of Court’s order directing to enhance staff’s minimum wage

The Delhi High Court held that the Special Commissioner Transport; the Chief Secretary; and the Secretary Labour of the Delhi Government were guilty of Contempt of Court for wilful disobedience of High Court’s order, directing them to enhance staff’s minimum wage.

Case Briefs High Courts

Karnataka High Court stays the cancellation of actor Chatan Kumar’s OCI card; directs him to refrain from tweeting about judiciary or sub-judice matters

Prominent Kannada actor Chatan Kumar, was granted conditional interim protection from cancellation of his OCI card until the next date of hearing, which has been set in June.

Case Briefs Supreme Court

High Courts not precluded from scrutinizing ITAT’s determination of Arm’s Length Price vis-à-vis Transfer Pricing: Supreme Court

The Supreme Court asserted that it was always open for the High Court to consider and examine whether the Arm’s Length Price had been determined while taking into consideration the relevant guidelines under the Act and the Rules.

Case Briefs High Courts

Meghalaya HC directs State to file an affidavit indicating plans to control traffic congestion in Shillong

The Court noted that the State had indicated several long-term and short-term plans earlier, however, nothing was implemented by the State till date.

Case Briefs Supreme Court

[Majority View] Unstamped Arbitration Agreements are not valid in law: Supreme Court

The Five-Judge Bench of Supreme Court in 3:2 majority approved paragraphs 22 and 29 of Garware Wall Ropes case, and to this extent, also approved Vidya Drolia case.

Case Briefs High Courts

Andhra Pradesh High Court quashes kidnapping proceedings against father proclaiming to be the lawful guardian of minor children under Mohammadian Law

The Andhra Pradesh High Court referred to Section 361 IPC and stated that taking of a minor out of the keeping of the lawful guardian does not make the father criminally liable for kidnapping since the parties were governed by the Mohammadian Law.

Case Briefs Supreme Court

SC orders transfer of all FIRs against Munawar Faruqui to Indore; makes previous interim bail order ‘absolute’

The Supreme Court gave huge relief to Comedian Munawar Faruqui, by clubbing all FIRs and complaints registered against him at various places.

Case Briefs Supreme Court

‘Specificity in show-cause notice required for imposing fine’; Supreme Court quashes MP High Court’s order maintaining 3 years’ debarment of transformer manufacturer

Supreme Court observed that the High Court had the opportunity to correct the obvious errors in its order, since one part of the matter was not even considered, and the other part also lacked requisite attention to contentions.

Case Briefs High Courts

Orissa HC quashes Criminal proceedings against NESCO Orissa Officials on grounds of absence of Sanction under Section 197 CrPC

The officers on duty cannot be subjected to undue harassment in the hands of unscrupulous litigants, to prevent malicious prosecution provisions such as Section 168 of the Electricity Act, 2003, are put in place.

Case Briefs High Courts

Arbitral award itself stands vitiated, if passed by unilaterally appointed arbitrator(s): Calcutta High Court

Calcutta High Court held that an arbitrator unilaterally appointed by one party lacks inherent jurisdiction to adjudicate disputes between both the parties.